State obligations

An individual’s right to health is protected by the State as the main guarantor of human rights.

The State has three types of obligations:

1. The obligation to respect the right to health

This means that the State should not violate or arbitrarily interfere with this right. 

For example, the state should not:

  • refuse medical help
  • withhold or provide incorrect health-related information
  • limit access to contraceptives, etc.

2. The obligation to protect the right to health

This means that the State should prevent violations of an individual’s right to health by others. 

To do this, the State:

  • adopts relevant laws
  • introduces complaint procedures
  • checks the qualifications of medical personnel
  • controls the quality and advertising of medical products, etc.

3. The obligation to fulfil the right to health

This requires the State to adopt a set of measures to ensure the realisation of this right. To do this, the State:

  • prevents and controls diseases
  • builds hospitals and clinics
  • launches information campaigns about health (e.g., about vaccination, HIV/AIDS, alcohol and tobacco), etc.

Resources

Last updated 18/08/2024