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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