This guide deals with seven human rights that play a role in the healthcare system (see the diagram below). These rights are codified in a number of international and regional treaties. The following overview shows where these rights can be found in the relevant human rights treaties and indicates the corresponding accountability mechanism. More information on how these rights relate to healthcare can be found under Step 2 of Section 2.
Diagram inspired by: 25 Questions and Answers on Health and Human Rights, WHO, 2002, page 8 ‘Examples of the links between health and human rights’
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| Human Rights Treaty | Accountability Mechanism | Human Rights within the Healthcare System |
| African Charter on Human and People’s Rights | African Commission on Human and People’s Rights African Court on Human and People’s Rights | • Right to health, art. 16
• Right to information, art. 9(1) • Right to liberty, art. 6 • Freedom from cruel, inhuman or degrading treatment, art. 5 |
| American Convention on Human Rights | Inter-American Commission on Human Rights Inter-American Court of Human Rights | • Right to information, art. 13
• Right to privacy, art. 11 • Right to liberty, art. 7 • Freedom from cruel, inhuman or degrading treatment, art. 5 • Freedom from discrimination, art. 1(1), 24 |
| Additional Protocol in the area of Economic, Social and Cultural Rights, American Convention on Human Rights | Inter-American Commission on Human Rights | • Right to health, art. 10 |
| European Convention for the Protection of Human Rights and Fundamental Freedoms | European Court of Human Rights | • Right to information, art. 10(1)
• Right to privacy, art. 8(1) • Right to liberty, art. 5(1) • Freedom from cruel, inhuman or degrading treatment, art. 3 • Freedom from discrimination, art. 14 |
| European Social Charter | European Committee of Social Rights | • Right to health, art. 11 |
| International Covenant on Civil and Political Rights | Human Rights Committee | • Right to information, art. 19(2)
• Right to privacy, art. 17(1) • Right to liberty, art. 9(1) • Freedom from cruel, inhuman or degrading treatment, art. 7 • Freedom from discrimination, art. 2(1), 26 |
| International Covenant on Economic, Social and Cultural Rights | Committee on Economic, Social and Cultural Rights | • Right to health, art. 12
• Freedom from discrimination, art. 2(2) |
| Convention on the Elimination of all forms of Racial Discrimination | Committee on the Elimination of all forms of Racial Discrimination | • Right to health, art. 5 (e)(iv)
• Freedom from discrimination, art. 1 |
| Convention on the Elimination of all forms of Discrimination against Women | Committee on the Elimination of all forms of Discrimination against Women | • Right to health, art. 12
• Right to information, art. 10 (h), 16 (e) • Freedom from discrimination, art. 1 |
| Convention against Torture and other forms of Cruel, Inhuman, or Degrading Treatment or Punishment | Committee Against Torture | • Freedom from cruel, inhuman or degrading treatment |
| Convention on the Rights of the Child | Committee on the Rights of the Child | • Right to health, art. 24, 25
• Right to information, art. 17 • Right to privacy, art. 16(1) • Right to liberty, art. 37 (b)(c)(d) • Freedom from cruel, inhuman or degrading treatment, art. 37 (a) • Freedom from discrimination, art. 2 |
| Convention on the Rights of Persons with Disabilities | Committee on the Rights of Persons with Disabilities | • Right to health, art. 25
• Right to privacy, art. 22 • Right to liberty, art. 14 • Freedom from cruel, inhuman or degrading treatment, art. 15 • Freedom from discrimination, art. 2 |