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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