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Health rights
Alicia Ely Yamin
Health is so fundamental to human existence and fulfilment that it is both a
precondition to and a by-product of the enjoyment all other rights. The health of
minorities and indigenous peoples depends on the rights to education, work,
housing and food, but also on the enjoyment of civil and political rights. But
health is also a right in itself under international law, which is critically important
for indigenous peoples and minorities.
Health is perhaps the most radical of all rights, because it questions more than
any other the boundaries of what is ‘natural’. When health is understood to be a
human right, patterns of ill-health among minorities and indigenous peoples
cannot be explained away as matters of fate, cultural practices or individual
behaviour. The state bears responsibility for promoting and protecting the health
of disadvantaged populations, including minorities and indigenous peoples. Also,
the early mortality and greater morbidity faced by so many minorities and indigenous peoples becomes a matter of pressing social justice for which the state and
other actors must be held accountable.
Standards
The core provision regarding the right to health is found in Article 12 of the
International Covenant on Economic, Social and Cultural Rights (ICESCR), which
announces four steps states should take in fulfilling the highest attainable standard of
health. These were updated and elaborated on in Committee on Economic, Social
and Cultural Rights General Comment No.14. The right to health, as for all human
rights, is to be realized without discrimination and with particular consideration for
marginalized and vulnerable groups, including minorities and indigenous peoples.
Both health and the right to be free from discrimination with respect to health
are set out in a broad array of international treaties.1 Article 24 of the Convention
on the Rights of the Child (CRC) adopts a similar definitional approach to that of
the ICESCR with respect to children. As women often face double discrimination
as members of minority or indigenous groups (who often live in rural areas),
ICEDAW is especially important and speaks to the obligation of state parties to
eliminate discrimination against women in the field of health care, as well as
mentioning pregnancy-related protections and eliminating disparities between rural