Identification of the Right to Health in International Law.

Health, well-being, or hygiene are synonymous concepts in the Persian language (equivalent to English: Health) which are considered fundamental rights for every human being in contemporary human rights systems. The right to health is derived from Article 25 of the Universal Declaration of Human Rights, which is linked to the right to social security: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, 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.”

If we build upon the tradition of Carl Vasak and include every right in one of the three generations of human rights, the right to health falls under the second generation, which includes economic, social, and cultural rights. Article 12 of the International Covenant on Economic, Social, and Cultural Rights states: “The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health” (paragraph 1) and in paragraph 2, it outlines the actions that states must take to fully realize the right to health.

In addition to the Universal Declaration of Human Rights (1984) and the International Covenant on Economic, Social and Cultural Rights (1966), other human rights documents have also recognized and supported the right to health; Article 5 of the Convention on the Elimination of All Forms of Racial Discrimination (1965) obligates member states to ensure the right of every individual to public health, medical care, social security, and social services. Article 12 of the Convention on the Elimination of All Forms of Discrimination against Women (1979) requires member states to take appropriate measures to ensure equal access for women and men to health care services. Article 23 of the Convention on the Rights of the Child (1989) guarantees every child the right to a standard of living adequate for their physical, mental, and social development, and the enjoyment of the highest attainable standard of health. Article 25 of the Convention on the Rights of Persons with Disabilities recognizes that member states must recognize

In addition, important regional documents such as Article 26 of the American Convention on Human Rights (1978), Article 16 of the African Charter on Human and Peoples’ Rights (1981), Article 11 of the European Social Charter (1961), and Article 17 of the Cairo Declaration on Human Rights in Islam (1990), as well as numerous other cases, have also supported the right to health.

Content of the right to health.

It is necessary to clarify what health or hygiene is, which has become one of the fundamental human rights. In the preamble of the World Health Organization’s constitution, it is stated: “Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.
The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being, without distinction of race, religion, political beliefs, economic or social conditions.”

The right to health, in addition to the general mention, includes the following tangible and broader rights:

The right to access a health-centered system; a system in which everyone has equal opportunities to access the highest achievable standard of health in all its aspects.

The right to prevention and control of diseases.

Right to access essential medicines.

The right to benefit from reproductive health, as well as the health of childhood and motherhood.

Continuous and equal access to primary healthcare facilities.

Providing accessible health information and education for everyone.

Public participation in the process of making health-centered decisions at local and national levels.

Providing equal access to healthcare facilities, goods, and services for everyone.

Being present, accessible, and of acceptable quality for all facilities, goods, and services. In other words, these should be accessible to everyone in a tangible and financial manner, taking into account the geographical distribution of the population and the specific conditions of remote areas, including children, adolescents, people with disabilities, women, refugees, migrants, and other vulnerable groups, both in terms of quality and quantity.

Facilities, goods, and services provided should be in line with scientific and medical standards, have a desirable quality, and this especially requires training for medical staff, the presence of approved hospital and medical equipment, and an adequate supply of medication.

Government commitments.

In guaranteeing the right to health.

Article 12 of the International Covenant on Economic, Social and Cultural Rights states: “The measures that the States Parties to this Covenant shall take to ensure the full realization of this right shall include the necessary steps for the following matters:

Reducing infant mortality – the death and healthy growth of children.

Improving environmental and industrial hygiene from all aspects.

Prevention and treatment of infectious diseases, endemic and other diseases, as well as efforts to combat these diseases.

To create suitable conditions for providing medical services and assistance to the general public in case of illness.

One of the duties of the government is to provide goods, services, facilities, and healthcare with appropriate quality for everyone; from this perspective:

Goods, services, and facilities must be available in tangible and financial form for all segments of the population, including children, adolescents, the elderly, people with disabilities, and other vulnerable groups, on an equal basis, both quantitatively and qualitatively.

Availability also includes the right to search, obtain, and express health-related information accessible to all; including individuals with disabilities. However, this right does not violate the right to have personal health information obtained confidentially during the treatment period.

Finally, it is necessary for the mentioned facilities, goods, and services to be in line with scientific and medical standards and have good quality. This requires, in particular, the following: providing training to healthcare and medical staff, having up-to-date and scientifically approved hospital and medical equipment, clean drinking water, and a proper sewage system, among others.

The role of the World Health Organization (WHO) in supporting the right to health.

The World Health Organization is one of the specialized agencies affiliated with the United Nations, whose main goal is to achieve the highest attainable standard of health as a fundamental right for every human being, without discrimination based on race, religion, political beliefs, economic or social conditions. The United Nations’ focus on health is due to its impact on global peace and security, which can be maintained through international cooperation between governments and individuals.

In support of this overall goal, this organization has taken on a wide range of responsibilities, including the following:

Activity as a leading and coordinating role in international health matters.

Strengthening technical collaborations.

Assisting governments (upon request from countries) in strengthening healthcare services.

Organizing appropriate technical cooperation and providing necessary assistance in times of emergency and crises, based on the requests or acceptance of governments.

Promoting developed standards in educational and training fields related to health, hygiene, medicine, and other related areas.

The World Health Organization currently has 193 member countries, with its headquarters located in Geneva. The member countries are divided into six geographical regions, each with separate offices. The division of offices in the six regions is as follows:

AFRO Regional Office.

Regional Office for American countries AMRO.

Regional Office for Eastern Mediterranean countries EMRO.

EURO Regional Book of European Countries.

SEARO Regional Office for Southeast Asian Countries.

WPRO Regional Office for Western Pacific Countries.

Iran, along with 22 other Muslim countries, is located in the Eastern Mediterranean region with its center in Cairo. In addition, the World Health Organization has representative offices in most countries, including Iran, which has had a permanent office since 1363. The World Health Organization has collaborated with Iran through the Ministry of Health in a joint program called JPRM in various areas such as disease control and care, HIV and other sexually transmitted diseases, malaria, polio eradication, mental health, substance abuse, reducing pregnancy risks, crisis preparedness, and humanitarian cooperation.

Iran and the challenges of healthcare rights.

According to reports published by the World Health Organization in 2013, Iran ranks tenth in greenhouse gas emissions, fifth in the highest number of road accidents resulting in death, third in air pollution, and ninety-third in health systems in the world. These are just a small portion of the statistics studied about Iran that have lowered its ranking in terms of health. If we also consider the impact of international sanctions, shortages of medicine and medical equipment, and other unique issues such as the harmful effects of satellite parasites, we will realize that the health situation of Iranian citizens has reached a concerning level and is now at an alarming state.

The right to health is closely linked to other fundamental rights and freedoms, as the realization or lack thereof of one right can affect the others. Therefore, violating or neglecting the right to health prevents citizens from fully exercising their rights and freedoms; even the right to life, which is considered a fundamental and superior right to all other human rights, is often seriously compromised, leaving modern citizens, who are advocates of freedom and human rights, longing for a comfortable breath. Other rights are pushed aside.