Mary Mae S.

Sugino
LLB-I
HUMAN RIGHTS
(Rights to Highest Attainment of Mental and Physical Health)

WHO 1946 International Covenant on Philippine Constitution Universal Declaration of

(world health organization) Economic, Social and Cultural 1987 Human rights
Rights

Article 12 Article 2 Article 25

Section 15

(1) Everyone has the right to a

The right to health was first
articulated in the WHO
Constitution (1946) which
states that: "the enjoyment of
the highest attainable
standard of health is one of
the fundamental rights of
every human being...” The
preamble of the Constitution
defines health as: ‘... a state of
complete physical, mental and
social well-being and not
merely the absence of disease
or infirmity.
The Covenant recognizes the
right of everyone to "the
enjoyment of the highest
attainable standard of physical
and mental health."
 "Health" is understood not just as
a right to be healthy, but as a
right to control one’s own health
and body (including
reproduction), and be free from
interference such as torture or
medical experimentation.
[40]
 States must protect this right
by ensuring that everyone within
their jurisdiction has access to the
underlying determinants of
health, such as clean water,
sanitation, food, nutrition and
housing, and through a
comprehensive system of
healthcare, which is available to
everyone without discrimination,
The State shall protect and
standard of living adequate for
promote the right to health of
the health and well-being of
the people and instill health
himself and of his family,
consciousness among them.
including food, clothing, and
housing and medical care and
necessary social services, and
the right to security in the
event of unemployment,
sickness, disability,
widowhood, old age or other
lack of livelihood in
circumstances beyond his
control.
(2) Motherhood and
childhood are entitled to
special care and assistance.
All children, whether born
in or out of wedlock, shall
enjoy the same social
protection.
Mary Mae S. Sugino
LLB-I
HUMAN RIGHTS
(Rights to Highest Attainment of Mental and Physical Health)

and economically accessible to all.

Article 12.2 

Requires parties to take

specific steps to improve the
health of their citizens,
including reducing infant
mortality and improving child
health, improving
environmental and workplace
health, preventing, controlling
and treating epidemic diseases,
and creating conditions to
ensure equal and timely access
to medical services for all.
These are considered to be
"illustrative, non-exhaustive
examples", rather than a
complete statement of parties'
obligations.
The right to health is
interpreted as requiring parties
to respect
women's' reproductive rights,
by not limiting access
to contraception or "censoring,
withholding or intentionally
misrepresenting" information
Mary Mae S. Sugino
LLB-I
HUMAN RIGHTS
(Rights to Highest Attainment of Mental and Physical Health)

about sexual health. They must

also ensure that women are
protected from harmful
traditional practices such
as female genital mutilation.

1. ^ "CESCR General Comment 14: The right to the highest attainable standard of health". UN Economic and Social Council. 2000-08-11. pp. paragraph 9.. Retrieved 2008-06-02.

2. ^ CESCR General Comment 14, paragraphs 11-12.

3. ^ CESCR General Comment 14, paragraph 7.

4. ^ CESCR General Comment 14, paragraph 34.

5. ^ CESCR General Comment 14, paragraph 35.