Mohammad Hasan. Human Right to Health Protection in the International Law

Abstract: The right to health protection though it is one of the fundamental human rights having the same legal status as the right to life or freedom of conscience did not obtain the general recognition in national legal systems unlike the traditional human rights. However, in 1998 all the participants of the World Health Assembly including Russia acknowledged in the Declaration on Health Protection that health and welfare of people were the final objective of social and economic development of society. Particular significance of health is also reflected in the documents adopted by the UNO at the turn of the millennium. During recent years actually all the UNO institutions and committees have been expressing their concern with the implementation of this right which is confirmed by a significant number of resolutions of the General Assembly of UNO, committees of U.N. Economic and Social Council (ECOSOC), Committee on liquidation of discrimination against women and of other bodies and agencies. The Charter of the World Health Organization says that the utmost achievements in terms of level of health are one of the fundamental rights of every person irrespective of one’s race, religion, political opinions, economic and social status. Each government is responsible for health of its citizens, and such responsibility requires taking of relative social measures in the field of healthcare. The World declaration on human rights says that every person has a right to such standards of living, including food, clothes, housing, medical and social service that are required for maintaining of his own health and health of his family. It is also particularly emphasized that maternity and infancy entitle to special care and assistance. The right to health protection is established in more details in the International Covenant on Economic, Social and Cultural Rights which not only determines that the states participating in the Covenant acknowledge the right of every person to the highest feasible level of physical and mental health but also stipulates that with regard to the provided specific responsibilities of the states to ensure the implementation of this right the states commit to create such conditions that enable rendering of medical service for everybody. The problem of achievement of the highest possible level of health by all the nations implies a wide range of measures that shall be implemented by all the states both independently on the basis of its national legislation and in compliance with international acts, conventions, rules, etc. adopted by some relative bodies and committees, in the first place, by the UNO and the WHO. Problems with human health are not limited only by the field of healthcare but require comprehensive and multi-field approach that sometimes needs multilateral influence of several organizations. At present there is a long-felt necessity that the WHO pays more serious attention to international lawmaking, especially with regard to the fact that intensive development of international law is in progress within other organizations and programs whose activities are in some or other way related to health problems.