Right to Food, Health, Equality: Key Concepts & Examples

Posted on Sep 15, 2024 in Law & Jurisprudence

Right to Food

Question 22: Negative and Positive Aspects

The Right to Food has both negative and positive aspects:

  • Negative: Governments are not obligated to provide free food to everyone, but they must ensure its availability.
  • Positive: In situations like war or natural disasters, governments should directly provide food.

Question 23: Steps for Implementation

States should take the following steps to implement the Right to Food:

  • Identify hungry and poor people.
  • Define obligations to provide sufficient food.
  • Review and empower the legal framework.
  • Coordinate between different government branches for harmony.
  • Monitor the progress of realizing the Right to Food.

Right to Health

Question 24: Meaning

The Right to Health means governments must create conditions where everyone can be as healthy as possible. It does not guarantee the right to be healthy.

Question 25: UN Human Rights Treaties

Examples of UN human rights treaties:

  • International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966
  • Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1979
  • Convention on the Rights of the Child (CRC) 1989

Question 26: ICESCR Article 12

The ICESCR (1966) in Article 12 states that steps for realizing the Right to Health include:

  • Reducing infant mortality and ensuring healthy child development.
  • Improving environmental and industrial hygiene.
  • Preventing, treating, and controlling epidemic, endemic, occupational, and other diseases.
  • Creating conditions to ensure access to health care for all.

Question 27: Convention and Article on Disability and Health

The statement “States Parties recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability” is found in:

  • Convention: Convention on the Rights of Persons with Disabilities
  • Article: Article 25
  • Year: 2006

Question 28: Four Elements of the Right to Health

According to General Comment No. 14, the Right to Health has four elements:

  • Availability
  • Accessibility
  • Acceptability
  • Quality

Question 29: Availability

A sufficient quantity of functioning public health and health care facilities, goods, services, and programs falls under availability.

Question 29: Accessibility

Accessibility has four overlapping dimensions:

  • Non-discrimination
  • Physical accessibility
  • Economic accessibility
  • Information accessibility

Question 30: Acceptability

All health facilities, goods, and services must be respectful of medical ethics and culturally appropriate, as well as sensitive to gender and life-cycle requirements.

Question 31: Quality

Health facilities, goods, and services must be scientifically and medically appropriate and of good quality.

Question 32: State Obligations

The Right to Health imposes three types of obligations on States Parties:

  • Respect
  • Protect
  • Fulfill

Question 33: Core Content of the Right to Health

General Comment No. 14 mentions that the Right to Health has “core content,” which represents the minimum level of health rights. Examples include:

  • Essential primary health care
  • Essential food
  • Sanitation
  • Safe water
  • Essential drugs

Example: Health centers

Essay: Mahmood’s Case

Question: Infringed Elements and State Obligations

What elements of General Comment No. 14 did Mahmood infringe?

Mahmood infringed the element of acceptability by preventing him from accessing healthcare.

What obligations shall the State “Ministry of Health” take in relation to this incident?

The Ministry of Health should fulfill its protection obligation.

Right to Equality

Question 34: Definition

The Right to Equality is the principle that all people are subject to the same laws of justice.

Question 35: French Declaration of 1789

Article 7 of the French Declaration of 1789 states that the law should be the same for all, whether it protects or punishes, and that all are equal in its sight.

Question 36: UDHR Article 7

Article 7 of the Universal Declaration of Human Rights (UDHR) states that “All are equal before the law and are entitled without any discrimination to equal protection of the law.”

Question 37: ICCPR Article 14

Article 14 of the International Covenant on Civil and Political Rights (ICCPR) of 1966 states:

  • The right to equality before the law.
  • The right to be presumed innocent until proven guilty.
  • The right to a fair and public hearing by an impartial tribunal.

Question 37: Justice

Justice has been defined as treatment in accordance with desert (what one deserves).

Question 38: Affirmative Action

Affirmative action is the policy of favoring members of a disadvantaged group who are perceived to suffer from discrimination within a culture.

Question 39: Purpose of Affirmative Action

Affirmative action aims to promote the opportunities of defined minority groups within a society, giving them equal access to those enjoyed by the majority population.

Question 40: Equality as a Double-Edged Sword

Equality can be a double-edged sword because it focuses on sameness, which may not always be fair. For example, giving all classmates the same grades regardless of their performance is equality but not justice.

Question 41: Equality vs. Justice

Equality does not necessarily mean justice. Justice involves acting and treating individuals justly or fairly, not just giving everyone the same treatment. The “box example” illustrates this concept.

Question 42: Reasons for Affirmative Action

Some states implement affirmative action (positive discrimination) policies to address existing inequalities. For example, individuals may have different levels of income, education, and abilities. Affirmative action aims to create equal opportunities for everyone to compete. An example is the affirmative action policy for Malays in Malaysia, who are the majority population.