Annex 1 General Comment Provisions related to Reproductive Rights Paragraph 12 sets out the elements that together constitute the right to health, the so-called 3AQ: “The right to health in all its forms and at all levels contains the following interrelated and essential ­elements, the precise application of which will depend on the conditions prevailing in a particular State party: 1. Availability. Functioning public health and health-care facilities, goods and services, as well as programmes, have to be available in suffi cient quantity within the State party. The precise nature of the facilities, goods and services will vary depending on numerous factors, including the State party’s developmental level. They will include, however, the underlying determinants of health, such as safe and potable drinking water and adequate sanitation facilities, hospitals, clinics and other health-related buildings, trained ­medical and professional personnel receiving domestically ­competitive salaries, and essential drugs, as defi ned by the WHO Action ­Programme on Essential Drugs. 2. Accessibility. Health facilities, goods and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: a) Non-discrimination: health facilities, goods and services must be accessible to all, especially the most vulnerable or ­marginalized sections of the population, in law and in fact, without ­discrimination on any of the prohibited grounds. 127

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