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Summary of Remarks by Katherine Gorove

Published online by Cambridge University Press:  28 February 2017

Katherine Gorove
Katherine Gorove*
Affiliation:
United States Department of State
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Abstract

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Type
Shifting Norms in International Health Law
Information
Proceedings of the ASIL Annual Meeting , Volume 98 , 2004 , pp. 18 - 22
Copyright
Copyright © American Society of International Law 2004

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References

1 See CESCR General Comment 1, Reporting by States Parties, UN Doc. E/1989/22. The General Comments of the CEDSCR are compiled periodically, most recently in UN Doc. HRI/GEN/l/Rev.6 (May 12, 2003), available at <http://www.unhchr.ch/tbs/doc.nsf>.

2 UN Doc. E/C.12/2000/4.

3 UN Doc. E/CN.4/2000/48, para. 59 (emphasis added).

4 The Committee defines the core obligations in para. 43, stating:

43. In General Comment No. 3, the Committee confirms that 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. . . . Accordingly, in the Committee’s view, these core obligations [of Article 12 of the ESC Covenant] include at least the following obligations:

  1. (a)

    (a) To ensure the right of access to health facilities, goods and services on a non-discriminatory basis, especially for vulnerable or marginalized groups;

  2. (b)

    (b) To ensure access to the minimum essential food which is nutritionally adequate and safe, to ensure freedom from hunger to everyone;

  3. (c)

    (c) To ensure access to basic shelter, housing and sanitation, and an adequate supply of safe and pothole water;

  4. (d)

    (d) To provide essential drugs, as from time to time defined under the WHO Action Programme on Essential Drugs;

  5. (e)

    (e) To ensure equitable distribution of all health facilities, goods and services;

  6. (f)

    (f) To adopt and implement a national public health strategy and plan of action, on the basis of epidemiological evidence, addressing the health concerns of the whole population; the strategy and plan of action shall be devised, and periodically reviewed, on the basis of a participatory and transparent process; they shall include methods, such as right to health indicators and benchmarks, by which progress can be closely monitored; the process by which the strategy and plan of action are devised, as well as their content, shall give particular attention to all vulnerable or marginalized groups.

5 CHR Res. 2002/24 (April 22, 2002), para. 9(f). ECOSOC’s endorsement was on July 25, 2002 by a vote of 44-1 (US)-4 (Australia, India, Japan, Pakistan).