Transcript Diritto alle cure: la salute come diritto umano

Diritto alle cure: la salute
come diritto umano
14.02.2011
Nozione e fondamento giuridico
Costituzione dell’Organizzazione
Mondiale della Sanità (WHO), preambolo
[…] Health is a state of complete physical,
mental and social well-being and not
merely the absence of disease or infirmity.
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. […]
Dichiarazione universale dei diritti umani
(UDHR)
Article 25 (1)
Everyone has the right to a standard of
living adequate for the health and wellbeing of himself and of his family […]
Patto delle Nazioni Unite per i diritti
economici, sociali e culturali (CESCR)
Article 12
1. 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.
Carta Sociale Europea riveduta (1996)
11. Everyone has the right to benefit from
any measures enabling him to enjoy the
highest possible standard of health
attainable. [...]
13. Anyone without adequate resources has
the right to social and medical
assistance.
Patto delle Nazioni Unite per i diritti economici,
sociali e culturali (CESCR)
Article 2
1. Each State Party to the present Covenant
undertakes to take steps, individually and through
international assistance and co-operation,
especially economic and technical, to the
maximum of its available resources, with a view
to achieving progressively the full realization of
the rights recognized in the present Covenant by
all appropriate means, including particularly the
adoption of legislative measures.
Carta Sociale Europea riveduta
(1996)
Part I
The Parties accept as the aim of their
policy, to be pursued by all appropriate
means both national and international in
character, the attainment of conditions in
which the following rights and principles
may be effectively realised: [...]
Standard minimi
International Conference on Primary Health Care
Alma-Ata, USSR, 6-12 September 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 selfreliance 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 […]
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.
Patto delle Nazioni Unite per i diritti
economici, sociali e culturali (CESCR)
Art. 12.2. The steps to be taken by the States Parties to the
present Covenant to achieve the full realization of this
right shall include those necessary for:
(a) The provision for the reduction of the stillbirth-rate and
of infant mortality and for the healthy development of the
child;
(b) The improvement of all aspects of environmental and
industrial hygiene;
(c) The prevention, treatment and control of epidemic,
endemic, occupational and other diseases;
(d) The creation of conditions which would assure to all
medical service and medical attention in the event of
sickness.
Comitato CESCR
Commento Generale n. 14 (11.08.2000)
8. The right to health contains both freedoms and
entitlements. The freedoms include the right to
control one's health and body, including sexual
and reproductive freedom, and the right to be
free from interference, such as the right to be
free from torture, non-consensual medical
treatment and experimentation. By contrast, the
entitlements include the right to a system of
health protection which provides equality of
opportunity for people to enjoy the highest
attainable level of health.
Core obligations
43. […] States parties have a core obligation to ensure the satisfaction of, at
the very least, minimum essential levels of each of the rights enunciated in
the Covenant, including essential primary health care. […] these core
obligations include at least the following obligations:
• (a) To ensure the right of access to health facilities, goods and services on a
non-discriminatory basis, especially for vulnerable or marginalized groups;
• (b) To ensure access to the minimum essential food which is nutritionally
adequate and safe, to ensure freedom from hunger to everyone;
• (c) To ensure access to basic shelter, housing and sanitation, and an
adequate supply of safe and potable water;
• (d) To provide essential drugs, as from time to time defined under the WHO
Action Programme on Essential Drugs;
• (e) To ensure equitable distribution of all health facilities, goods and
services;
• (f) To adopt and implement a national public health strategy and plan of
action, […]
Carta Sociale Europea, Parte II
Article 11 – The right to protection of health
With a view to ensuring the effective exercise of the right
to protection of health, the Parties undertake, either
directly or in co-operation with public or private
organisations, to take appropriate measures designed
inter alia:
1 to remove as far as possible the causes of ill-health;
2 to provide advisory and educational facilities for the
promotion of health and the encouragement of individual
responsibility in matters of health;
3 to prevent as far as possible epidemic, endemic and
other diseases, as well as accidents.
Article 13 – The right to social and medical
assistance
With a view to ensuring the effective exercise of the right
to social and medical assistance, the Parties undertake:
1 to ensure that any person who is without adequate
resources and who is unable to secure such resources
either by his own efforts or from other sources, in
particular by benefits under a social security scheme, be
granted adequate assistance, and, in case of sickness,
the care necessitated by his condition;
[...]
4 to apply the provisions referred to in paragraphs 1, 2 and
3 of this article on an equal footing with their nationals to
nationals of other Parties lawfully within their territories.
Protezione di gruppi specifici
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Bambini
Donne
Anziani
Disabili
Popoli indigeni
Gruppi minoritari
Malattie particolari (HIV, lebbra…)
Quali controlli?
Commento generale n. 14
33. The right to health, like all human rights,
imposes three types or levels of
obligations on States parties: the
obligations to respect, protect and fulfil.
Comitato per i diritti sociali
The right to protection of health
guaranteed in Article 11 of the Charter
complements Articles 2 and 3 of the
European Convention of Human Rights –
as interpreted by the European Court of
Human Rights – by imposing a range of
positive obligations designed to secure its
effective exercise.
Corte europea dei diritti dell’uomo
Caso N. c. Regno Unito (2008)
Aliens who are subject to expulsion cannot in
principle claim any entitlement to remain in the
territory of a Contracting State in order to
continue to benefit from medical, social or other
forms of assistance and services provided by the
expelling State. The fact that the applicant's
circumstances, including his life expectancy,
would be significantly reduced if he were to be
removed from the Contracting State is not
sufficient in itself to give rise to breach of Article
3.
Per saperne di più:
http://www2.ohchr.org/english/issues/hea
lth/right/standards.htm
www.coe.int/socialcharter