The two rights, to life and health, are “... at the basis of the ratio legis of international human rights law and environmental law.”
The notion of health implies more than the absence of illness. The World Health Organization has defined it as a state of complete physical, mental and social well-being. WHO’s Strategy of Health for All by the Year 2000 is aimed at “... the attainment by all citizens ... of a level of health that will permit them to lead a socially and economically productive life.”
The right to health is generally viewed as a composite right, consisting of the right to medical care and the right to social security services, including those related to preventive care and family planning services. It is recognized that health problems are related to economic, social, cultural and environmental living conditions. As WHO points out, health status is nearly always the best as well as the first indicator of environmental degradation. Therefore, the right to health should consist of the right to health care as well as the right to healthy conditions, implying a satisfactory environment.
Like other economic rights enshrined in the International Covenant on Economic, Social and Cultural Rights of 1966, the right to health is considered as a right of “progressive realization.” Thus, its implementation is left to the discretion of States’ Parties.
However, the notion of progressive realisation of economic rights has substantially evolved in the sense that State obligations include not only the obligation to protect and respect these rights, but also the obligation to fulfil them which implies the adoption of positive measures. Furthermore, action should be guided by inviolable postulates such as the principle of nondiscrimination, the right to information, democratic participation, gender equality, the right to a healthy environment, economic parity, and the maintenance of cultural identity and skills.
In the analysis of some of the human rights, an attempt has been made to underline the close interaction between environmental degradation and the enjoyment of these rights. The choice of these rights is illustrative, not exhaustive. One has also to bear in mind the basic principle of non-discrimination which is of great interest to vulnerable groups, particularly those facing specific situations such as armed conflicts or problems, such as illicit movement and dumping of toxic wastes.
The notion of health implies more than the absence of illness. The World Health Organization has defined it as a state of complete physical, mental and social well-being. WHO’s Strategy of Health for All by the Year 2000 is aimed at “... the attainment by all citizens ... of a level of health that will permit them to lead a socially and economically productive life.”
The right to health is generally viewed as a composite right, consisting of the right to medical care and the right to social security services, including those related to preventive care and family planning services. It is recognized that health problems are related to economic, social, cultural and environmental living conditions. As WHO points out, health status is nearly always the best as well as the first indicator of environmental degradation. Therefore, the right to health should consist of the right to health care as well as the right to healthy conditions, implying a satisfactory environment.
Like other economic rights enshrined in the International Covenant on Economic, Social and Cultural Rights of 1966, the right to health is considered as a right of “progressive realization.” Thus, its implementation is left to the discretion of States’ Parties.
However, the notion of progressive realisation of economic rights has substantially evolved in the sense that State obligations include not only the obligation to protect and respect these rights, but also the obligation to fulfil them which implies the adoption of positive measures. Furthermore, action should be guided by inviolable postulates such as the principle of nondiscrimination, the right to information, democratic participation, gender equality, the right to a healthy environment, economic parity, and the maintenance of cultural identity and skills.
In the analysis of some of the human rights, an attempt has been made to underline the close interaction between environmental degradation and the enjoyment of these rights. The choice of these rights is illustrative, not exhaustive. One has also to bear in mind the basic principle of non-discrimination which is of great interest to vulnerable groups, particularly those facing specific situations such as armed conflicts or problems, such as illicit movement and dumping of toxic wastes.