Articulating the Right to Health

Since Rights and Humanity’s establishment in December 1986, we have played a critical role in articulating the right to the highest attainable standard of physical and mental health and the corresponding obligations of states and health care professionals. From our first year we worked tirelessly to ensure that protection of the right to health formed a part of global response to HIV/AIDS.


In December 1993, Rights and Humanity made an expert presentation to the UN Committee on Economic, Social and Cultural Rights during its Day of General Discussion on the right to health which formed part of the Committee’s preparation for a later General Comment clarifying the nature and content of the right to health and corresponding state obligations.


First International Conference on Health and Human Rights

One of Rights and Humanity’s earlier initiatives was to be an Associate Organiser of the First International Conference on Health and Human Rights held in 1994. This was hosted by the newly established Francois-Xavier Bagnoud Centre for Health and Human Rights at Harvard University and our President chaired a session on women’s health. This conference brought together public health officials to advocate the implementation of the right to health.

The Founding Director of the Centre was the late Dr Jonathan Mann, who as Head of WHO’s Global AIDS Programme had stated that he had been “strongly influenced by Rights and Humanity” and our advocacy for a human rights approach to health. Dr Mann and the Francois-Xavier Bagnoud Centre became global exponents of the link between health and human rights.

Working with WHO
From 1987-2002, Rights and Humanity worked closely with WHO as a human rights consultant until it established its own human rights unit. We helped WHO articulate the right to the highest attainable standard of physical and mental health and prepared the background paper for its first ever consultation on health and human rights in December, 1997.

Participation in Hearing on the Right to Health, South Africa
In 1995, Rights and Humanity played a key role in ensuring integration of the right to access to health care into the South African Constitution. See > South African Constitution.

In June 2007, Rights and Humanity was invited by the South African Human Rights Commission to participate in public hearings on the right to access to health care services in Johannesburg, South Africa.

The public had been invited to make written submissions to the SAHRC and key stakeholders were invited to make oral submissions over three days. These revealed significant problems in the public health sector and obstacles faced in accessing health by poor and vulnerable people.

Our President was the only invited international participant. She was invited to speak at the end of the hearing to give her opinion. She acknowledged the progress made since the overthrow of apartheid and racial divisions of the past, but considered that priority now needed to be given to ensuring equality of access to health care to everyone, including poor people and those suffering marginalisation e.g. disabled people and those with mental ill health.

She reaffirmed that the international obligation to overcome discrimination was an immediate obligation, rather than one that could be realised progressively. She stressed the importance of viewing the right to access to health care services within the wider remit of the socio-economic determinates of health. She emphasised the urgency of overcoming discrimination against women which is a major cause of preventable morbidity and mortality.

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