The right to health is further guaranteed by a number of other international human rights
treaties and commitments. The Convention on the Rights of the Child binds states to
“recognize the right of the child to the enjoyment of the highest attainable standard of
health and to facilities for the treatment of illness and rehabilitation of health.”107 The right
to health is also protected under the International Convention on the Elimination of All Forms
of Racial Discrimination, CEDAW, the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families, and the Convention on the Rights of
Persons with Disabilities.108
States committed in the 2001 Declaration of Commitment on HIV/AIDS to “promote and
protect all human rights and fundamental freedoms, including the right to the highest
attainable standard of physical and mental health”109 and “in an urgent manner make every
effort to: provide progressively and in a sustainable manner, the highest attainable standard
of treatment for HIV/AIDS, including the prevention and treatment of opportunistic infections,
and effective use of quality-controlled antiretroviral therapy in a careful and monitored
manner to improve adherence and effectiveness and reduce the risk of developing
resistance.”110
Regional treaties also speak to the right to health. The African Charter on Human and
Peoples’ Rights ensures the right to health and binds states parties to “take the necessary
measures to protect the health of their people and to ensure that they receive medical
attention when they are sick.”111 Furthermore, the African Charter on the Rights of the Child
provides for the right of every child to the best attainable health, and binds states parties to
move toward implementing this right, including the provision of “necessary medical
assistance and health care to all children with emphasis on the development of primary
health care.”112
107
Convention on the Rights of the Child, adopted November 20, 1989, G.A. Res. 44/25, annex, 44 U.N. GAOR Supp. (No. 49) at
167, U.N. Doc. A/44/49 (1989), entered into force September 2, 1990, art. 24(2)(b).
108
The right to the health is recognized by articles article 5(e)(iv) of the International Convention on the Elimination of All
Forms of Racial Discrimination; 11(1)(f), 12 and 14(2)(b) of the Convention on the Elimination of Discrimination Against Women;
by the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families:
arts. 28, 43 (e) and 45 (c), and by the 2006 Convention on the Rights of Persons with Disabilities, art. 25.
109
UN Declaration of Commitment on HIV/AIDS Declaration of Commitment on HIV/AIDS, para. 37.
110
Ibid., para. 55.
111
African [Banjul] Charter on Human and Peoples’ Rights, adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58
(1982), entered into force Oct. 21, 1986, art. 16.
112
African Charter on the Rights and Welfare of the Child, OAU Doc. CAB/LEG/24.9/49 (1990), entered into force Nov. 29, 1999.
31
Human Rights Watch January 2009
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