This guide deals with seven human rights that play a role in the healthcare system (see the diagram below). These rights are codified in a number of [simple_tooltip content=’simple_tooltip content=’A binding agreement between two or more nations in which human rights are legally protected.’]international and regional treaties[/simple_tooltip]. The following overview shows where these rights can be found in the relevant human rights treaties and indicates the corresponding [simple_tooltip content=’Committee, commission, court, institution or other procedure which monitors whether and to what extent a government complies with its human rights obligations.’]accountability mechanism[/simple_tooltip]. More information on how these rights relate to healthcare can be found under Step 2 of Section 2.
Diagram inspired by: 25 Questions and Answers on Health and Human Rights, WHO, 2002, page 8 ‘Examples of the links between health and human rights’
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| Human Rights Treaty | Accountability Mechanism | Human Rights within the Healthcare System |
| African Charter on Human and People’s Rights | African Commission on Human and People’s Rights African Court on Human and People’s Rights | • Right to health, art. 16
• Right to information, art. 9(1) • Right to liberty, art. 6 • Freedom from cruel, inhuman or degrading treatment, art. 5 |
| American Convention on Human Rights | Inter-American Commission on Human Rights Inter-American Court of Human Rights | • Right to information, art. 13
• Right to privacy, art. 11 • Right to liberty, art. 7 • Freedom from cruel, inhuman or degrading treatment, art. 5 • Freedom from discrimination, art. 1(1), 24 |
| Additional Protocol in the area of Economic, Social and Cultural Rights, American Convention on Human Rights | Inter-American Commission on Human Rights | • Right to health, art. 10 |
| European Convention for the Protection of Human Rights and Fundamental Freedoms | European Court of Human Rights | • Right to information, art. 10(1)
• Right to privacy, art. 8(1) • Right to liberty, art. 5(1) • Freedom from cruel, inhuman or degrading treatment, art. 3 • Freedom from discrimination, art. 14 |
| European Social Charter | European Committee of Social Rights | • Right to health, art. 11 |
| International Covenant on Civil and Political Rights | Human Rights Committee | • Right to information, art. 19(2)
• Right to privacy, art. 17(1) • Right to liberty, art. 9(1) • Freedom from cruel, inhuman or degrading treatment, art. 7 • Freedom from discrimination, art. 2(1), 26 |
| International Covenant on Economic, Social and Cultural Rights | Committee on Economic, Social and Cultural Rights | • Right to health, art. 12
• Freedom from discrimination, art. 2(2) |
| Convention on the Elimination of all forms of Racial Discrimination | Committee on the Elimination of all forms of Racial Discrimination | • Right to health, art. 5 (e)(iv)
• Freedom from discrimination, art. 1 |
| Convention on the Elimination of all forms of Discrimination against Women | Committee on the Elimination of all forms of Discrimination against Women | • Right to health, art. 12
• Right to information, art. 10 (h), 16 (e) • Freedom from discrimination, art. 1 |
| Convention against Torture and other forms of Cruel, Inhuman, or Degrading Treatment or Punishment | Committee Against Torture | • Freedom from cruel, inhuman or degrading treatment |
| Convention on the Rights of the Child | Committee on the Rights of the Child | • Right to health, art. 24, 25
• Right to information, art. 17 • Right to privacy, art. 16(1) • Right to liberty, art. 37 (b)(c)(d) • Freedom from cruel, inhuman or degrading treatment, art. 37 (a) • Freedom from discrimination, art. 2 |
| Convention on the Rights of Persons with Disabilities | Committee on the Rights of Persons with Disabilities | • Right to health, art. 25
• Right to privacy, art. 22 • Right to liberty, art. 14 • Freedom from cruel, inhuman or degrading treatment, art. 15 • Freedom from discrimination, art. 2 |