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HEALTH RIGHTS
First, the underlying determinants of health (safe, potable drinking water;
adequate sanitation facilities; hospitals, clinics, etc.; trained medical and professional personnel) have to be available in sufficient quantity within the state party.
Second, health facilities, goods and services have to be accessible to everyone.
The CESCR clarifies that accessibility has four overlapping dimensions, which are
particularly important for minorities and indigenous peoples:
(a) health facilities, goods and services must be accessible to all in law and in
fact
(b) health facilities, goods and services must be within safe physical reach for all
sections of the population and medical services and underlying determinants
of health, such as water and sanitation, must be within safe physical reach,
including in rural areas
(c) economic accessibility requires that health facilities, goods and services must be
affordable for all – poorer households should not be disproportionately
burdened with health expenses as compared to richer households
(d) accessibility includes the right to seek, receive and impart information and
ideas concerning health issues – often indigenous peoples and minorities do not
have access to health information in their own languages.
Third, the CESCR states that all health facilities, goods and services must be
respectful of medical ethics and culturally appropriate. Cultural acceptability
requires respect for traditional medicines and practices, which have not been
shown to be harmful to human health.17
Fourth, health facilities, goods and services must be scientifically and medically
appropriate and of good quality.
Activists should bear in mind that the realization (or lack thereof ) of the right
to health for minorities and indigenous peoples is particularly dependent on the
actions and decisions of other actors beyond the state:
(1) third-party states, which provide bilateral aid, hold sovereign debt, exercise
influence over corporations and wield power over international institutions;
(2) international institutions (the World Bank, IMF and WTO), which set the
terms of loans and press for reforms to comply with trade and intellectual
property agreements or policies regarding privatization of services;
(3) transnational corporations (TNCs), which often have assets and budgets that
dwarf those of the countries they are investing in, and which call for reforms of
tax, labour and environmental laws that affect health in order to enhance their
profitability.
The CESCR explicitly states in General Comment No.14 that state parties and
other actors should provide assistance and cooperation to enable developing
countries to fulfil their core and other obligations. The CESCR also specifically
states that: ‘priority in the provision of international medical aid, distribution and