8. The Right to the Highest Attainable Standard of Physical and
Mental Health
Article 12
(1) The States Parties to the present Covenant recognize the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health.
(2) The steps to be taken by the States Parties to the present Covenant to achieve the full
realization of this right shall include those necessary for:
a. The provision for the reduction of the stillbirth-rate and of infant mortality and for the
healthy development of the child;
b. The improvement of all aspects of environmental and industrial hygiene;
c. The prevention, treatment and control of epidemic, endemic, occupational and other
diseases;
d. The creation of conditions which would assure to all medical service and medical
attention in the event of sickness.
8.1 Understanding the Right to Health
8.1.1 Concept and Content
The right to health is closely connected to the notion of human dignity. It is also “related to
and dependent upon the realization of other human rights, as contained in the International
Bill of Rights, including the rights to food, housing, work, education, human dignity, life,
non-discrimination, equality, the prohibition against torture, privacy, access to information,
and the freedoms of association, assembly and movement.”320
According to the CESCR, the right to health in Article 12 is not confined to the right to
health care, but instead embraces “a wide range of socio-economic factors that promote
conditions in which people can lead a healthy life, and extends to the underlying
determinants of health, such as food and nutrition, housing, access to safe and potable water
and adequate sanitation, safe and healthy working conditions, and a healthy environment.”321
It also includes “the participation of the population in all health-related decision-making at
the community, national and international levels.”322
The right to health should not be misconstrued as the right to be healthy; rather, it is the right
to a number of freedoms and entitlements.323 These freedoms include “the right to control
one’s health and body, including sexual and reproductive freedom, and the right to be free
from interference, such as the right to be free from torture, non-consensual medical
treatment and experimentation”, while the entitlements include “the right to a system of
health protection which provides equality of opportunity for people to enjoy the highest
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