FUNDAMENTAL RIGHTS AND FREEDOMS PRESENTATION.pptx

Contains an overview of the General comments.

1. GROUP 4 PRESENTATION GENERAL COMMENT NUMBER 14: THE RIGHT TO HIGHEST ATTATINABLE STANDARD OF HEALTH 

2. GROUP MEMBERS MULEI JAMES MAKAU LAW/M/0425/05/23. MURSO CHELIMO NANCY LAW/M/0435/05/23 BARENDO SANDRA LAW/M/0345/05/23 KIPYATOR LEE KIPKORIR LAW/M/0278/01/23 AMANDA CHEPCHUMBA LAW/M/0414/05/23 FAITH CHERUTO CHEPKWONY LAW/M/0512/05/23 DUKE KIPKOSGEI CHEMIRMIR LAW/M/0618/05/23 FREDRICK MUKOKO LAW/MG/1535/09/21 JOB KIPYEGO KIPCHIRCHIR LAW/M/0338/05/23 NORAH JERONO CHERUIYOT LAW/MG/1721/05/18 KOIMBURI MUTHONI LAW/M/2875/09/22 Hillary Junior Odhiambo LAW/M/1419/09/22 SILAS OLOO

3. INTRODUCTION The right being delved into in General Comment 14 is the right to the highest attainable standards of health care guaranteed in Article 12 of ICESCR. Article 43(1)(a) of the Constitution of Kenya guarantees right to highest attainable standards of Health Care Services including reproductive health care.  Article 21(2) mandates the state to take legislative, policy and other measures, including the setting of standards, to achieve the progressive realization of the rights guaranteed under Article 43. Section 8 of the Health Act ‘Essential Services’ Reiterated in the case of Association of Kenya Medical Laboratory Scientific Officer vs Ministry of Health.

4. EVOLUTION OF THE NOTION OF HEALTH Since the adoption of the two International Covenants in 1966, the concept of health has expanded significantly. Factors beyond medical care, such as resource distribution and gender differences, are now considered crucial determinants of health. Additionally, social issues like violence and armed conflict are recognized as impacting health outcomes. New challenges, including emerging diseases like HIV/AIDS and the increased prevalence of conditions like cancer, coupled with rapid population growth, present obstacles to realizing the right to health. These challenges must be addressed when interpreting Article 12 of the International Covenants. INTERPRETING THE RIGHT TO HEALTH The Committee interprets the right to health expansively, encompassing not just timely and appropriate healthcare but also underlying determinants of health. These determinants include access to essentials like safe water, sanitation, food, housing, education, and information. Participation in health-related decision-making at all levels is also emphasize. The right to health comprises several interrelated elements, with their precise application contingent on each state's circumstances. These elements include availability, accessibility, acceptability, and quality of health facilities, goods, and services.

5. ELEMENTS OF THE RIGHT TO HEALTH 1.A vailability : Ensuring functioning public health facilities, goods, and services, tailored to the state's developmental level, including essential drugs and trained personnel.  2.Accessibility : Guaranteeing non-discrimination, physical accessibility, economic affordability, and information accessibility to all, especially marginalized groups.  3.Acceptability : Promoting culturally appropriate and ethically respectful health services sensitive to gender, life-cycle requirements, and confidentiality.  4.Quality: Providing scientifically and medically appropriate, culturally acceptable, and good-quality health facilities, goods, and services, including skilled personnel and safe equipment. CORE OBLIGATIONS Core obligation of every state party is to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the covenant VIOLATIONS.  States parties must utilize maximum resources for health to fulfill obligations under Article Failure to do so constitutes a violation.  1. Violations of the obligation to fulfil. 2.Violations of the obligation to respect. 3.Violation of the obligation to protect.

6. NON-DISCRIMINATION AND EQUAL TREATMENT  Stresses on non-discrimination in healthcare access based on various grounds, including race, gender, and disability.   Protection of vulnerable groups, provision of essential health services, and international cooperation are highlighted as crucial elements in fulfilling obligations for the right to health.

7. HEALTH CARE TO THOSE IN NEED States must provide health insurance and facilities to those in need, prevent discrimination in health services, and allocate resources equitably . Ensuring equitable access, non-discrimination, and international cooperation are fundamental for upholding and realizing the right to health.

8. WHAT IS THE EXTENTION TO THE RIGHT TO HEALTH? The right to health extends beyond access to healthcare nad includes socio-economic factors that influence health outcomes such as food, housing ,water, sanitation, working conditions and the  environment 

9. Despite international recognition, millions of people worldwide still face barriers to realizing the right to health, particularly those living in poverty. Structural obstacles beyond the control of the state hinders the full realization of this right.

10. State partners, per General Comment No. 3 must work individually and internationally with economic and technical support, for rights fullfillment .

11. VIOLATIONS Violations against article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) are;  a) Unwillingness of state to comply.  b) Passing of retrogressive laws  c) Failure to take measures arising from legal obligations. 

12. Moreover, there is; 1.Violation of the obligation to respect where the policies set out are likely to result in bodily harm.  2.Violation of the obligation to protect where the state fails to take all necessary measures to safeguard persons within their jurisdiction from infringements of the right to health by third parties.  3.Violation of the obligation to fulfill where the states fail to take all necessary steps to ensure realization of the right to health.

13. RIGHT TO HEALTH INDICATORS  National health strategies should include appropriate right to health indicators and benchmarks to monitor State party's obligations under article 12.  States can seek guidance on these indicators from WHO and UNICEF. Right to health indicators should address different aspects of the right to health and require disaggregation on prohibited grounds of discrimination. States are encouraged to set national benchmarks for each indicator and engage in scoping with the Committee during the reporting process. The state party will use these national benchmarks to monitor its implementation of article 12 and report on achievements and difficulties encountered in the subsequent reporting process.

14. REMEDIES AND ACCOUNTABLITY The remedies for violation of the right to health are ; Restitution, Compensation, Satisfaction and Guarantees of non-repetition. Committees set up to address such violations are; Ombudsmen, Human Rights Commissions, ConsumerForums and Patients' Rights Commissions.

15. DISASTER RELIEF AND HUMANITARIAN ASSISTANCE The function of non-governmental organization(NGOs), the World Health Organization (WHO), United Nations High Commissioners for Refugees(UNICEF) and UNHCR in delivering humanitarian aid and disaster relief are highlighted in particular. When it comes to foreign medical help, resources distribution and emergency financial support, vulnerable or marginalized people are given priority. For there to be efficient response and aid during times of crisis coordination and collaboration across many stake holders including national medical associates are essential.

16. OBLIGATIONS OF ACTORS OTHER THAN STATE PARTIES  It is stressed that  WHO is a crucial component in helping nations develop and carry out their right to health policies by offering them technical support and collaboration. States are urged to make use of the WHO'S services in order to gather, process and create health indicators and standards. It emphasizes how crucial it is for different stakeholders including civil society to work together in concert in order to effectively realize the right to health.

17. COLLABORATION AND COOPERATION In order to implement the right to health at the national level, cooperation between UN agencies and other pertinent authorities within the UN system is necessary.   It is recommended that international financial organizations, like the World Bank and the International Monetary Fund, give the protection of the right to health top priority in their policies and initiatives.   It is recognized that Non-Governmental Organizations (NGOs) and associations for health professionals play a part in helping states achieve their commitments under Article 12 of the Covenant.   UN organizations, programs, and entities prioritize a human rights-based approach to support the realization of the right to health.