attainable level of health.”324 Finally, as a number of aspects of good health cannot be
addressed by the State (for example, genetic factors or the adoption of unhealthy lifestyles),
the right to health is understood as “a right to the enjoyment of a variety of facilities, goods,
services and conditions necessary for the realization of the highest attainable standard of
health.”325
The CESCR has further commented on four interrelated and essential elements that
constitute the right to health: availability, accessibility, acceptability, and quality.
Availability
Accessibility
“Functioning public health and health-care facilities, goods and services, as
well as programmes, have to be available in sufficient quantity within the
State party. The precise nature of the facilities, goods and services will vary
depending on numerous factors, including the State party's developmental
level. They will include, however, the underlying determinants of health,
such as safe and potable drinking water and adequate sanitation facilities,
hospitals, clinics and other health-related buildings, trained medical and
professional personnel receiving domestically competitive salaries, and
essential drugs, as defined by the WHO Action Programme on Essential
Drugs.”326
“Health facilities, goods and services have to be accessible to everyone
without discrimination, within the jurisdiction of the State party.
Accessibility has four overlapping dimensions:
Non-discrimination:
health facilities, goods and services must be
accessible to all, especially the most vulnerable or
marginalized sections of the population, in law and
in fact, without discrimination on any of the
prohibited grounds.
Physical accessibility:
health facilities, goods and services must be within
safe physical reach for all sections of the
population, especially vulnerable or marginalized
groups, such as ethnic minorities and indigenous
populations, women, children, adolescents, older
persons, persons with disabilities and persons with
HIV/AIDS. Accessibility also implies that medical
services and underlying determinants of health,
such as safe and potable water and adequate
sanitation facilities, are within safe physical reach,
including in rural areas. Accessibility further
includes adequate access to buildings for persons
with disabilities.
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