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The right to health and wellbein

Human Rights 75 | The right to health and wellbeing


The right to the highest attainable standard of physical and mental health is enshrined in several international legal instruments including the International Covenant on Economic, Social and Cultural Rights. It includes freedoms and entitlements. Freedoms include the right to control one’s health and body (for example, sexual and reproductive rights) and to be free from interference (for example, free from torture and non-consensual medical treatment and experimentation, particularly relevant for persons with disabilities). Entitlements include the right to access quality health services without any discrimination. 

A human rights-based approach to health commits countries to develop rights-compliant, effective, gender transformative, integrated, accountable health systems and implement other public health measures that improve the underlying determinants of health, like access to water and sanitation. 

This means countries must ensure legislation and health policies and programmes respect and advance the realization of human rights. Research shows that proactive measures to comply with human rights obligations help countries improve substantive equality and build resilience to shocks. For example, applying a human rights framework to reproductive health can help us identify how preventable maternal mortality and morbidity results from a variety of human rights violations including discrimination and lack of access to quality health services.

Fundamental human rights principles

A human rights-based approach (HRBA) requires mainstreaming fundamental human rights principles and standards across health services and health system policies, including public health emergency preparation and responses. They include:

This requires prioritizing the needs of those furthest behind to achieve equity. Equity is used as a framework in public health to identify and address unfair and remediable health disparities among different sub-populations. HRBA provides legal standards and obligations to put legal protections for equality and non-discrimination into action.

Addressing discrimination requires attention to overlapping and intersecting factors of discrimination notably gender, race, ethnicity, disability, sexual orientation, gender identity and socioeconomic status. An intersectional lens allows for the examination of health inequalities driven by multiple grounds of exclusion and for health interventions to be designed in a way that responds to intersecting factors. This would include, for example, ensuring that health information is provided in formats that allow people to access the information they need. 

Participation requires empowering health service users, communities and civil society to engage in planning, decision-making and implementation processes for health across the programme cycle and at all levels of the system. To be meaningful, participation must include explicit strategies to address power imbalances, value experiential evidence, and manage conflicts of interest so that the needs and expectations of people are met. Participatory planning techniques can be used to engage beneficiary populations in designing health services or public spending prioritization.

Countries must establish accessible and effective accountability mechanisms. These may include administrative and judicial remedies and oversight by other institutions, such as national human rights institutions and health and social care regulators. The United Nations human rights mechanisms, including the Committee on Economic Social and Cultural Rights, play a crucial accountability role by regularly reviewing countries’ compliance with their health-related human rights obligations.

There is a growing recognition of the importance of regulation of non-State actors, such as the private sector and non-governmental organizations, to ensure they respect and protect human rights. For example, by enacting bans on tobacco advertising, promotion and sponsorship (TAPS), countries are implementing their commitments to manage tobacco control under the WHO Framework Convention on Tobacco Control. One third of countries (66), representing a quarter of the world’s population, have completely banned all forms of TAPS.

Progressive realization and international cooperation 

Some human rights obligations are of immediate effect, such as the guarantee of non-discrimination. Other components of the right to health, like access to cutting edge health technology, are subject to the principle of progressive realization. Countries are legally obliged to use the maximum available resources to develop and implement rights-based legislation, policies and programmes. Countries in a position to assist have an obligation to cooperate with those with fewer resources.

Core components of the right to health

The right to health includes 5 essential, interrelated elements: availability, accessibility, acceptability and quality.

Availability refers to the need for a sufficient quantity of functioning health facilities, goods and services for all. Availability can be measured through the analysis of disaggregated data to different stratifiers including by age, sex, location and socio-economic status and qualitative surveys to understand coverage gaps. 

Accessibility requires that health facilities, goods, and services must be accessible to everyone. Accessibility has four dimensions: non-discrimination, physical accessibility, economic accessibility (affordability) and information accessibility. This is particularly important for persons with disabilities who often encounter significant barriers to health related to the inaccessibility of services, facilities and health information.

Assessing accessibility requires analysis of physical, geographical, financial and other barriers to health systems and services, and how they may affect people who are marginalized. It requires the establishment or application of clear norms and standards in both law and policy to address these barriers.

Acceptability relates to respect for medical ethics, culturally appropriate, and sensitivity to gender. Acceptability requires that health facilities, goods, services and programmes are people-centred and cater to the specific needs of diverse population groups and in accordance with international standards of medical ethics for confidentiality and informed consent. 

Quality extends to the underlying determinants of health, for example safe and potable water and sanitation as well as requiring that health facilities, goods, and services are scientifically and medically approved.

Quality is a key component of universal health coverage (UHC). Quality health services should be: 

  • safe: avoiding injuries to people for whom the care is intended;
  • effective: providing evidence-based services to those who need them; 
  • people-centred: providing care that responds to individual needs; 
  • timely: reducing waiting times and harmful delays; 
  • equitable: providing care that does not vary in quality on account of age, gender, ethnicity, disability, geographic location, and socio-economic status; 
  • integrated: providing a full range of health services throughout the life course; and
  • efficient: maximizing the benefit of available resources and avoiding waste.

Quality extends to the underlying determinants of health, for example safe and potable water and sanitation as well as requiring that health facilities, goods, and services are scientifically and medically approved.

Quality is a key component of universal health coverage (UHC). Quality health services should be: 

  • safe: avoiding injuries to people for whom the care is intended;
  • effective: providing evidence-based services to those who need them; 
  • people-centred: providing care that responds to individual needs; 
  • timely: reducing waiting times and harmful delays; 
  • equitable: providing care that does not vary in quality on account of age, gender, ethnicity, disability, geographic location, and socio-economic status; 
  • integrated: providing a full range of health services throughout the life course; and
  • efficient: maximizing the benefit of available resources and avoiding waste.

Human rights treaties which include the right to health

Goal 3: Ensure healthy lives and promote well-being for all at all agesAccess to essential health services   How can we achieve these targets?  Does everyone have access to healthcare?  ​What can I do to help?

Goal 3: Ensure healthy lives and promote well-being for all at all ages

Over the last 15 years, the number of childhood deaths has been cut in half. This proves that it is possible to win the fight against almost every disease. Still, we are spending an astonishing amount of money and resources on treating illnesses that are surprisingly easy to prevent. The new goal for worldwide Good Health promotes healthy lifestyles, preventive measures and modern, efficient healthcare for everyone.

Great strides have been made in improving people’s health in recent years. 146 out of 200 countries or areas have already met or are on track to meet the SDG target on under-5 mortality. Effective HIV treatment has cut global AIDS-related deaths by 52 per cent since 2010 and at least one neglected tropical disease has been eliminated in 47 countries.

However, inequalities in health care access still persist. The COVID-19 pandemic and other ongoing crises have impeded progress towards Goal 3. Childhood vaccinations have experienced the largest decline in three decades, and tuberculosis and malaria deaths have increased compared with pre-pandemic levels.

The Sustainable Development Goals make a bold commitment to end the epidemics of AIDS, tuberculosis, malaria and other communicable diseases by 2030. The aim is to achieve universal health coverage, and provide access to safe and affordable medicines and vaccines for all.

To overcome these setbacks and address long-standing health care shortcomings, increased investment in health systems is needed to support countries in their recovery and build resilience against future health threats.

Access to essential health services   

A significant portion of the global population still lacks access to vital healthcare services. To bridge this gap and ensure equitable healthcare provision, addressing disparities is critical. Various determinants of health, including environmental and commercial factors, need attention to pave the way for achieving our common objective of Health for All and achieving the Sustainable Development Goal targets.

How can we achieve these targets?  

Ensuring healthy lives for all requires a strong commitment, but the benefits outweigh the cost. Healthy people are the foundation for healthy economies. Countries worldwide are urged to take immediate and decisive actions to predict and counteract health challenges.

This becomes especially critical in safeguarding vulnerable population groups and individuals residing in regions burdened by high disease prevalence. By doing so, we can strengthen health systems and foster resilience in the face of health adversities.

Immunization is one of the world’s most successful and cost-effective health interventions. However, the alarming decline in childhood vaccination – the largest sustained decline in childhood vaccinations in approximately 30 years – is leaving millions of children at risk from devastating but preventable diseases.

Does everyone have access to healthcare?  

Universal health coverage (UHC) aims to ensure that everyone can access quality health services without facing financial hardship. While efforts to combat infectious diseases like HIV, TB and malaria led to significant expansions in service coverage between 2000 and 2015, progress has since slowed.

Inequalities continue to be a fundamental challenge for UHC. Coverage of reproductive, maternal, child and adolescent health services tends to be higher among those whoare richer, more educated, and living in urban areas, especially in low-income countries.

​What can I do to help?

You can start by promoting and protecting your own health and the health of those around you, by making well-informed choices, practicing safe sex and vaccinating your children.

You can raise awareness in your community about the importance of good health, healthy lifestyles as well as people’s right to quality health care services, especially for the most vulnerable such as women and children.

You can also hold your government, local leaders and other decision-makers accountable to their commitments to improve people access to health and health care.

TARGET 3.1 

REDUCE MATERNAL MORTALITY

By 2030, reduce the global maternal mortality ratio to less than 70 per 100,000 live births.

TARGET 3.2

REND ALL PREVENTABLE DEATHS UNDER 5 YEARS OF AGE

By 2030, end preventable deaths of newborns and children under 5 years of age, with all countries aiming to reduce neonatal mortality to at least as low as 12 per 1,000 live births and under‑5 mortality to at least as low as 25 per 1,000 live births.

TARGET 3.3

FIGHT COMMUNICABLE DISEASES

By 2030, end the epidemics of AIDS, tuberculosis, malaria and neglected tropical diseases and combat hepatitis, water-borne diseases and other communicable diseases.

TARGET 3.4

REDUCE MORTALITY FROM NON-COMMUNICABLE DISEASES AND PROMOTE MENTAL HEALTH

By 2030, reduce by one third premature mortality from non-communicable diseases through prevention and treatment and promote mental health and well-being.

TARGET 3.5

PREVENT AND TREAT SUBSTANCE ABUSE

Strengthen the prevention and treatment of substance abuse, including narcotic drug abuse and harmful use of alcohol.

TARGET 3.6

REDUCE ROAD INJURIES AND DEATHS

By 2020, halve the number of global deaths and injuries from road traffic accidents.

TARGET 3.7

UNIVERSAL ACCESS TO SEXUAL AND REPRODUCTIVE CARE, FAMILY PLANNING AND EDUCATION

By 2030, ensure universal access to sexual and reproductive health-care services, including for family planning, information and education, and the integration of reproductive health into national strategies and programmes.

TARGET 3.8

ACHIEVE UNIVERSAL HEALTH COVERAGE

Achieve universal health coverage, including financial risk protection, access to quality essential health-care services and access to safe, effective, quality and affordable essential medicines and vaccines for all.

TARGET 3.9

REDUCE ILLNESSES AND DEATH FROM HAZARDOUS CHEMICALS AND POLLUTION

By 2030, substantially reduce the number of deaths and illnesses from hazardous chemicals and air, water and soil pollution and contamination.

TARGET 3.A

IMPLEMENT THE WHO FRAMEWORK CONVENTION ON TOBACCO CONTROL

Strengthen the implementation of the World Health Organization Framework Convention on Tobacco Control in all countries, as appropriate.


TARGET 3.B

SUPPORT RESEARCH, DEVELOPMENT AND UNIVERSAL ACCESS TO AFFORDABLE VACCINES AND MEDICINES

Support the research and development of vaccines and medicines for the communicable and non-communicable diseases that primarily affect developing countries, provide access to affordable essential medicines and vaccines, in accordance with the Doha Declaration on the TRIPS Agreement and Public Health, which affirms the right of developing countries to use to the full the provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights regarding flexibilities to protect public health, and, in particular, provide access to medicines for all.


TARGET 3.C

INCREASE HEALTH FINANCING AND SUPPORT HEALTH WORKFORCE IN DEVELOPING COUNTRIES

Substantially increase health financing and the recruitment, development, training and retention of the health workforce in developing countries, especially in least developed countries and small island developing States.

Sustainable Development Goals and Related human rights 
  • Right to life [UDHR art. 3; ICCPR art. 6], particularly of women [CEDAW art. 12] and children [CRC art. 6]  
  • Right to health [UDHR art. 25; ICESCR art. 12], particularly of women [CEDAW art. 12]; and children [CRC art.24] 
  • Special protection for mothers and children [ICESCR art.10]  
  • Right to enjoy the benefits of scientific progress and its application [UDHR art. 27; ICESCR art. 15(1)(b)] 
  • International cooperation [UDHR art. 28, DRtD arts. 3-4], particularly in relation to the right to health and children’s rights [ICESCR art. 2(1); CRC art. 4]  

Rights of the patient and his family


We are living in a time in the 21st century where, sadly, freedom has been confused with debauchery, commentary with aggression, criticism with intolerance and so on. The above is due to a lack of education in all aspects since currently there is a lot of talk about everyone's rights, but we rarely touch on our obligations and a lack of empathy towards others. It is for this reason that today's blog is directed to this aspect. This is a repetitive issue and sadly not improved for more than 50 years in our country, or even more. We all, regardless of where we work or where we live, have universal human rights, but also universal obligations and in the area of health it is no exception and the objective of the above is to be able to work and live in harmony as a society and as human beings.


Health systems in first world countries are commonly very expensive and require people to have medical expenses insurance. There are few countries that have done things well in the preventive area and therefore the quality of life of their society has greatly improved and at the same time they have reduced spending on families on health issues. In our country, unfortunately, it has not been possible to ensure that the health systems are at the level of what any patient requires, not today nor before, since very little is still invested in health, research, education and training, which causes that although each Every year there are more and more general doctors who graduate, they cannot aspire to a specialty due to lack of resources or space and end up working in pharmacy consortiums that pay a pittance and that is even degrading, all in favor of the health of the people, when They let you go home with half a pharmacy sold, even when you don't need it. Patients have rights but also obligations and doctors have obligations, but also rights.

Right to respectful assistance

- Right to be assisted by health professionals without any distinction based on their ideas, religious or political beliefs, socioeconomic condition, race, sex, sexual orientation or any other condition.

- Right to receive dignified and respectful treatment from the health team.

- Right to privacy. All medical-care activities must protect the privacy of the patient.

- Right to confidentiality. Any person who participates in the preparation or manipulation of medical documentation, or has access to its content, must maintain the confidentiality of said information.

- Right to receive religious care if required.

- Right to be attended to in accordance with their cultural guidelines.

- Right to know the personnel who assist you (name, service and position).

Of health information

- Right to receive the necessary health information, linked to your health in a clear and sufficient manner. You also have the right not to receive information if you do not wish to do so.

- Right to obtain a second opinion on the diagnosis, prognosis or treatment related to your health condition.

Participation in making decisions about your health

- Autonomy of the will. The patient has the right to accept or reject certain medical or biological therapies or procedures, with or without expression of cause, as well as to subsequently revoke his or her expression of will. Children and adolescents have the right to intervene in the terms established by the civil code for the purposes of making decisions about therapies or medical procedures that involve their life or health.

- Right to give consent to any medical practice or treatment, after having received all the necessary information.

- Right to give advance directives, which must be respected by the health team.

- Right to revoke any prior directive regarding medical practices or treatment.

Clinic history

- Right to have a single medical history.

- Right to confidentiality of your medical history.

- Right to have every practice carried out by the health team recorded in the clinical history.

- Right to access medical history within 48 hours of request except in emergency cases.

Obligations of the patient and his family

Every patient has the right to know the institutional rules in advance in order to be able to comply with their obligations and thus guarantee correct care activity for all our patients.

- Respect the rules of the institution.

- Take care of the furniture, equipment and facilities of the Sanatorium.

- Treat staff and other patients with respect.

- Leave the room within 2 hours of receiving medical discharge.

- Provide all the information requested about your health.

- To inform the doctor if you revoke any decision about your health.

- He is responsible for his actions and decisions, in case of refusing or abandoning treatment.

- Sign the documentation requested.

- Take care of the items provided: bedding, portable equipment, etc.

Right of the minor and disabled patient

In the case of children and adolescents, and in reference to people who cannot make medical decisions for themselves due to their health or disability, the patient's rights will be guaranteed by their legal representatives. Decision-making must be made in the best interest of the patient and always respecting her dignity and well-being.

Right to patient autonomy

The patient has the right to decide about his health and to have his will respected.

  • Any action that affects one's health requires the free and voluntary consent of the affected person after having received the information required for this and the different existing options. This is what is known as informed consent.
  • A patient may freely revoke her consent in writing at any time.
  • If the patient expresses his/her desire not to be informed, his/her wishes will be respected.
  • Any patient of legal age, who is capable and free, can express in advance the health care and treatments that she wants to receive through the prior instructions document. This is useful so that it is fulfilled if there comes a time when she cannot express her wishes personally. Of course, instructions given by patients that are contrary to our law cannot be applied.
  • All of this also implies the patient's right to refuse treatment.


Rights of the cancer patient

The right to be forgotten oncology refers to the possibility that survivors of any type of cancer can take out financial products, such as mortgages or life insurance, without having to report their oncological history.

This regulation implies:

  • The prohibition of discriminating and differentiating in insurance, such as health or life insurance, for people who have suffered from cancer if it has already been exceeded more than 5 years ago.
  • The annulment of stipulations, clauses, agreements or conditions that discriminate and reject said people.
  • Eliminate the obligation to declare that you have suffered any type of cancer when purchasing life insurance.
  • The prohibition of considering a history of oncology at the time of contracting insurance.

Patient rights violated

As we mentioned at the beginning, knowing the patient's rights is essential to guarantee that they are fulfilled. Consequently, if the patient's rights are violated, it will be easier to be aware of it and establish the necessary measures.

For this, you must know that:

  • Patients have the right to lodge complaints about poor organization, operation, existing resources or treatment received in the centres.
  • They also have the right to submit suggestions to increase user satisfaction on the aforementioned aspects.

When it comes to knowing who to contact to claim your violated right, it will depend on which one it was. For example, in the event that the waiting time for care, surgery, consultations with specialists, etc. If they last longer than they should, the claim will have to be presented to the Citizen Service, as well as reported to the Public Health Platform of the corresponding Autonomous Community.

If the patient's right to privacy is violated, it will be necessary to appeal to the prosecutor's office. On the other hand, if what happens is that due to poor care that has violated the patient's rights, their health condition has worsened, a complaint will have to be filed in court. However, in general, having legal advice, especially when medical negligence has been committed, can make the process much easier for you.

Rights of the patient's companion

The patient's companion plays a fundamental role, especially with regard to avoiding loneliness in the most vulnerable people, such as children, the elderly and the disabled. For this reason, it is essential to know what the rights of the patient's companion are, since their presence should not be taken as a courtesy or custom, but as a possibility registered by law.

Key information for the patient's relatives

First of all, when informing the patient and his or her family, it is necessary to give them time to assimilate the news that there is a disease. It is vital in these cases to also pay attention to non-verbal communication, not interrupting, respecting silence, listening and sharing feelings and emotions. The information must always be sincere and truthful. Do not give false hope and always ask in case there is any doubt. Simple and clear language should be used, adapted to the person to whom the information is being transmitted.


Likewise, one must be well informed before informing the family of the patient's situation and, on certain occasions, it may be necessary to recognize that specific information is unknown. Communication between the doctor and the patient is essential when it comes to having a good development of clinical practice. Likewise, your family members must be taken into account. In fact, the information given to the patient's family is key because they also want to know and have the right to know what is happening to the patient, what is the procedure to follow and possible consequences - especially if they were not qualified. ; In addition, it can influence the patient's recovery.


When hearing the news of an illness, hospitalization or certain treatments, it is normal for the patient or his or her family to experience a series of emotional needs that, if not resolved, add to the discomfort already generated by knowledge of said pathology. As a consequence, this increases the discomfort and needs of the patient and, therefore, makes it difficult to start treatment or recover from the patient.


In the case of terminally ill patients, the information provided to patients and their families represents an essential therapeutic element when it comes to alleviating the suffering that the entire process may cause. We must not forget that families are the main support for the patient.


The process of informing the patient and the patient's family also improves the relationship between healthcare workers and facilitates their work performance, something that ultimately results in better quality of care and satisfaction. At the same time, information to the patient and her family is vital so that the therapeutic strategy is carried out correctly and there is better adherence to the treatments.


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