260. The Respondent State does not address Article 16 of the African Charter. 261. The right to health operates directly or indirectly as a prerequisite to all other human rights recognized by the African Charter. This principle was substantiated by the African Commission in Purohit and Moore v The Gambia where it stated that, “The enjoyment of the right to health is crucial to the realization of other fundamental rights and freedoms and AC HP R includes the right of all to health facilities, as well as access to goods and services, without discrimination of any kind.”112 262. The right to health has also been recognized by Article 25 of the UDHR which provides that "Everyone has the right to a standard of living adequate for the health and wellbeing of himself and his family..."113 263. In General Comment No.14 on the right to health, the UN Committee on Economic, Social and Cultural Rights provides that: …the right to health contains four elements: availability, accessibility, acceptability and quality, and impose three types of obligations on States – to respect, fulfil and protect the right. In terms of the duty to protect, the State must ensure that third parties (non-state actors) do not infringe upon the enjoyment of the right to health. 264. This Commission therefore underscores the fact that the right to health is an entitlement which is derived from specific obligations claimed by individuals from States, and it is very fundamental to the exercise of other 112 113 n 14 above. para 80. See also Article 12(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) which also provides that “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.” 77

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