Find below all standards relating to the right to physical and mental health listed in hierarchical order, beginning with the Universal Declaration of Human Rights. Thereafter instruments are grouped into the following categories: Show
Universal Declaration of Human RightsUniversal Declaration of Human Rights, UDHR (1948) Article 25 (1) Core International Human Rights TreatiesInternational Covenant on Economic, Social and Cultural Rights, ICESCR (1966) Article 12 International Convention on the Elimination of All Forms of Racial Discrimination, ICERD (1965) Article 5 Convention on the Elimination of All Forms of Discrimination against Women, CEDAW (1979) Article 12 Convention on the Rights of the Child, CRC (1989) Article 24 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, ICMW (1990) Article 28 Convention on the Rights of Persons with Disabilities, CRPD (2006) Article 25 - Health International Human Rights Treaty BodiesCommittee on Economic, Social and Cultural Rights Committee on the Elimination of Discrimination against Women Committee on the Rights of the Child Committee on the Elimination of Racial Discrimination Other universal standardsConstitution of the World Health Organization (1946) […] The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition. […] Declaration of Alma Ata on Primary Health Care (1978) VI. Primary health care is essential health care based on practical, scientifically sound and socially acceptable methods and technology made universally accessible to individuals and families in the community through their full participation and at a cost that the community and country can afford to maintain at every stage of their development in the spirit of self-reliance and self-determination. It forms an integral part both of the country's health system, of which it is the central function and main focus, and of the overall social and economic development of the community. It is the first level of contact of individuals, the family and community with the national health system bringing health care as close as possible to where people live and work, and constitutes the first element of a continuing health care process. VIII. All governments should formulate national policies, strategies and plans of action to launch and sustain primary health care as part of a comprehensive national health system and in coordination with other sectors. To this end, it will be necessary to exercise political will, to mobilize the country's resources and to use available external resources rationally. Declaration on the right to development (1986) Article 8 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989) Article
4- General obligations Article 13 – Transmission of information Programme of Action of the International Conference on Population and Development (1994)
Declaration of Commitment on HIV/AIDS (2001) HIV/AIDS AND HUMAN RIGHTS Respect for the rights of people living with HIV/AIDS drives an effective response 58. By 2003, enact, strengthen or enforce, as appropriate, legislation, regulations and other measures to eliminate all forms of discrimination against and to ensure the full enjoyment of all human rights and fundamental freedoms by people living with HIV/AIDS and members of vulnerable groups, in particular to ensure their access to, inter alia, education, inheritance, employment, health care, social and health services, prevention, support and treatment, information and legal protection, while respecting their privacy and confidentiality; and develop strategies to combat stigma and social exclusion connected with the epidemic; 59. By 2005, bearing in mind the context and character of the epidemic and that, globally, women and girls are disproportionately affected by HIV/AIDS, develop and accelerate the implementation of national strategies that promote the advancement of women and women's full enjoyment of all human rights; promote shared responsibility of men and women to ensure safe sex; and empower women to have control over and decide freely and responsibly on matters related to their sexuality to increase their ability to protect themselves from HIV infection; 60. By 2005, implement measures to increase capacities of women and adolescent girls to protect themselves from the risk of HIV infection, principally through the provision of health care and health services, including for sexual and reproductive health, and through prevention education that promotes gender equality within a culturally and gender-sensitive framework; 61. By 2005, ensure development and accelerated implementation of national strategies for women's empowerment, the promotion and protection of women's full enjoyment of all human rights and reduction of their vulnerability to HIV/AIDS through the elimination of all forms of discrimination, as well as all forms of violence against women and girls, including harmful traditional and customary practices, abuse, rape and other forms of sexual violence, battering and trafficking in women and girls; Declaration of Astana on Primary Health Care (2018) I. We strongly affirm our commitment to the fundamental right of every human being to the enjoyment of the highest attainable standard of health without distinction of any kind. Convening on the fortieth anniversary of the Declaration of Alma-Ata, we reaffirm our commitment to all its values and principles, in particular to justice and solidarity, and we underline the importance of health for peace, security and socioeconomic development, and their interdependence. IV. We reaffirm the primary role and responsibility of Governments at all levels in promoting and protecting the right of everyone to the enjoyment of the highest attainable standard of health. VI. We support the involvement of individuals, families, communities and civil society through their participation in the development and implementation of policies and plans that have an impact on health. (…) We will protect and promote solidarity, ethics and human rights. (…) VII. (…) In implementing this Declaration, countries and stakeholders will work together in a spirit of partnership and effective development cooperation, sharing knowledge and good practices while fully respecting national sovereignty and human rights. Standards for specific groupsDeclaration of the Rights of the Child (1959) Principle 4 ILO Convention No. 182: Worst Forms of Child Labour Convention (1999) Article 3 Declaration on the Elimination of Violence against Women (1993) Article 3 Beijing Platform for Action – Women and health (1995) Women have the right to the enjoyment of the highest attainable standard of physical and mental health. The enjoyment of this right is vital to their life and well-being and their ability to participate in all areas of public and private life. […] ILO Convention (No. 169) concerning Indigenous and Tribal Peoples in
Independent Countries (1989) Article 20
(2) […] c) Medical and social assistance, occupational safety and health, all social security benefits and any other occupationally related benefits, and housing; […] Article 25 2. Health services shall, to the extent possible, be community-based. These services shall be planned and administered in co-operation with the peoples concerned and take into account their economic, geographic, social and cultural conditions as well as their traditional preventive care, healing practices and medicines. 3. The health care system shall give preference to the training and employment of local community health workers, and focus on primary health care while maintaining strong links with other levels of health care services. 4. The provision of such health services shall be co-ordinated with other social, economic and cultural measures in the country. United Nations Declaration on the Rights of Indigenous Peoples (2006) Article 21 Article
23 Article 24 2. Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right. Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993) 22. The term "prevention" means action aimed at preventing the occurrence of physical, intellectual, psychiatric or sensory impairments (primary prevention) or at preventing impairments from causing a permanent functional limitation or disability (secondary prevention). Prevention may include many different types of action, such as primary health care, prenatal and postnatal care, education in nutrition, immunization campaigns against communicable diseases, measures to control endemic diseases, safety regulations, programmes for the prevention of accidents in different environments, including adaptation of workplaces to prevent occupational disabilities and diseases, and prevention of disability resulting from pollution of the environment or armed conflict. The United Nations Principles of Older Persons (1991) 1. Older persons should have access to adequate food, water, shelter, clothing and health care through the provision of income, family and community support and self-help; Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1982) Principle 1 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988) Principle
22 Basic Principles for the Treatment of Prisoners (1990) 9. Prisoners shall have access to the health services available in the country without discrimination on the grounds of their legal situation. United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990) 31. Juveniles deprived of their liberty have the right to facilities and services that meet all the requirements of health and human dignity. World Medical Assembly’s Declaration of Malta on Hunger Strikes (adopted in November 1991, revised in October 2006) Guideline 10: "If no discussion with the individual is possible and no advance instructions exist, physicians have to act in what they judge to be the person's best interests. This means considering the hunger strikers' previously expressed wishes, their personal and cultural values as well as their physical health. In the absence of any evidence of hunger strikers' former wishes, physicians should decide whether or not to provide feeding, without interference from third parties." United Nations Standard Minimum Rules for the treatment of Prisoners, 2015 (Mandela Rules) Preliminary observation 1 The following rules are not intended to describe in detail a model system of penal institutions. They seek only, on the basis of the general consensus of contemporary thought and the essential elements of the most adequate systems of today, to set out what is generally accepted as being good principles and practice in the treatment of prisoners and prison management. afforded to those who are not imprisoned or detained. International humanitarian lawGeneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (1949) Article 32 - Persons designated in Article 27 who have fallen into the hands of the adverse Party may not be detained. Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (1949) Article 51 – Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. Geneva Convention (III) relative to the Treatment of Prisoners of War (1949) Article 13 – Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any
kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War (1949) Article 37 – Protected persons who are confined pending proceedings or serving a sentence involving loss of liberty, shall during their confinement be humanely treated. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, Protocol I, (1949) Article 11 - Protection of persons Article 55 – Protection of the natural environment Article 75 – Fundamental
guarantees Article 85 – Repression of breaches of this Protocol Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts, Protocol II, (1949) Article 4 – Fundamental guarantees Article 5 – Persons whose liberty has been restricted Article 17 – Prohibition of forced movement of civilians Regional standardsRevised European Social Charter of 1996 Article 11 – The right to protection of health 1. to remove as far as possible the causes of ill-health; African Charter on Human and People’s Rights (1987) Article 16 African Charter on the Rights and Welfare of the Child (1990) Article 14 - Health and Health Services states that “Every child shall have the right to enjoy the best attainable state of physical, mental and spiritual health.” and that “State Parties to the present Charter shall undertake to pursue the full implementation of this right and in particular shall take measures … (c) to ensure the provision of adequate nutrition and safe drinking water; (d) to combat disease and malnutrition within the framework of primary health care through the application of appropriate technology; … (h) to ensure that all sectors of the society, in particular, parents, children, community leaders and community workers are informed and supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of domestic and other accidents; …” Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, the “Protocol of San Salvador” (1988) Article
10 - Right to Health What is defined as a state of physical mental and social wellHealth is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.
What is mental health defined as?What is mental health? Mental health includes our emotional, psychological, and social well-being. It affects how we think, feel, and act. It also helps determine how we handle stress, relate to others, and make healthy choices.
What is health and wellAbstract. Health and well-being comprise physical health, psychological and emotional stability, and social engagement. Physical wellness involves self-care and a temperate lifestyle. Emotional well-being is psychological well-being encompassing subjective experience and positive emotionality.
What are the three definitions of health?Definitions of health by the World Health Organization
This generally accepted definition states that “health is a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity” (11).
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