Chapter 2 | Page 75
freedom, the right to be free from torture, as well as the right to have access
to a system of the highest attainable health services with equal opportunity.148
The right to health is an inclusive right that comprises access to appropriate
health care, factors that impact on health such as safe water, sanitation, food
supply, nutrition, housing, occupational and environmental conditions and
health-related knowledge.149 Thus the right to health involves elements related
both to ‘health care’ and to the underlying preconditions for physical and
mental health.150 The right to health encompasses elements of availability,
accessibility (non-discrimination, physical, economic and information access),
acceptability and quality.151
The obligation to recognise the right to education, under Articles 13 and 14,
includes the requirement that primary education be compulsory and available
free of charge to all and that, secondary education, including technical and
vocational education, is to be made available and accessible to all by every
appropriate means. There is also an obligation to the progressive introduction
of free education. ‘Compulsory education’ is taken to mean that neither the
parents, guardians nor the State is entitled to treat it as optional for a child to
have access to primary education.152 ‘Free of charge’ should be understood
as meaning that primary education should be provided without charge to the
child, parent or guardian.153 The Committee identified essential features of the
right to education as availability, accessibility (non-discrimination, physical and
148
Committee on Economic, Social and Cultural Rights, General Comment No 14: The Right
to the Highest Attainable Standard of Health (article 12 of the International Covenant on
Economic, Social and Cultural Rights), 22nd sess, UN Doc E/C.12/2000/4 (11 August
2000), [8].
149
Ibid., [11].
150
Brigit Toebes, 'The Right to Health' in Asbjørn Eide, Catarina Krause and Allan Rosas
(eds), Economic, Social and Cultural Rights: A Textbook (Martinus Nijhoff Publishers,
Dordrecht, 2001) 169-190, 174.
151
CESCR General Comment No 14, E/C.12/2000/4, above n 148, [12]; John Tobin, The
Right to Health in International Law (Oxford University Press, Oxford, 2011).
152
Committee on Economic, Social and Cultural Rights, General Comment No 11: Plans of
action for primary education (article 14 of the International Covenant on Economic, Social
and Cultural Rights), 20th sess, UN Doc E/C.12/1999/4 (10 May 1999), [6].
153
Ibid.
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