COMPILATION OF INTERNATIONAL NORMS
AND STANDARDS RELATING TO DISABILITY
Part IV. Rights Based Perspective. 5/12   
4. Disability and Health Rights
Legislation should be aimed at ensuring the effective exercise of the right to health,
without any discrimination. All persons should have security in health matters, and
the availability of necessary help without financial barriers.
Governments within their national health care system should give priority and address
the special needs of the disabled. Responsibility must be recognised at all levels
of policy-making so that priorities in overall national development take into account the
need and strengthen those aspects of life that are a prerequisite to health. Before
launching or reforming their national health care system Governments should determine what
types of health care financing to utilise in order to increase the resources allocated to
health.
There should be public and private financing. The national health care system
should encourage the participation of public agencies and private and non-governmental
organizations involved in the sector in planning and monitoring its execution and access.
A primary health care system should provide a wide-range of curative, rehabilitative
and other support services to meet the basic health needs of the population and give
special attention to vulnerable groups such as the disabled.
Article 25 of the Universal Declaration of Human Rights states that
each person has"...the right to security in the event of (...)
sickness...".Article 10 (f) of the Additional Protocol to the American
Convention on Human Rights in the Field of Economic, Social, and Cultural Rights
urges States to satisfy the health needs of the highest risk groups and of those whose
poverty makes them the most vulnerable.
Article 18 (4) of the African Charter on Human and People's Rights
states that the disabled should have the right to special measures of protection in
keeping with their physical needs.
Article 13 of the European Social Charter urges States to ensure that
any person who is without adequate resources and who is unable to secure such resources be
granted adequate assistance and the care necessary in the case of sickness.
Article 12 of the International Covenant on Economic, Social and Cultural
Rights recognises the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health, and that States create conditions which
will assure to all medical service and attention in the event of sickness.
Article 23 (3) of the Convention on the Rights of the Child states
that whenever possible, the disabled child should be provided health care services free of
charge.
Article 7 of the Convention concerning Employment Promotion and Protection
against Unemployment urges States to secure persons the provision of benefit in
respect of a condition requiring medical care of a preventive or curative nature.
According to Article 10 the benefit shall include at least:
- general practitioner care;
- Specialist care at hospitals;
- The necessary pharmaceutical supplies and
- Hospitalisation.
Article 13 urges States to secure persons the provision of sickness benefit.
According to Article 16 sickness benefits shall be a periodical payment.
Article 5 (4) (g) of the Convention concerning Employment Promotion and
Protection against Unemployment encourages States to ensure the provision of
medical care to persons in receipt of unemployment benefit and their dependants. Article
23 notes that a State whose legislation provides for the right to medical care and makes
it directly or indirectly conditional upon occupational activity shall endeavour to
ensure, under prescribed conditions, the provision of medical care to persons in receipt
of unemployment benefit and to their dependants.
Article 7 of the Convention concerning Medical Care and Sickness Benefits states that
the contingencies covered by the Convention should include:
- Need for medical care of a curative and preventive nature and
- Incapacity for work resulting from sickness and involving suspension of earnings, as
defined by national legislation.
Article 8 states that medical care shall comprise at least:
- General practitioner care;
- Specialist care at hospitals;
- The necessary pharmaceutical supplies;
- Hospitalisation and
- Medical rehabilitation.
Article 18 states that sickness benefits are in periodical benefits. Sickness means any
morbid condition, whatever its cause. Article 22 and 23 set forth that a periodical
payment shall be such as to attain at least 60 percent of the total previous earnings of
the beneficiary or 60 percent of the total wages of an ordinary adult male labourer.
Article 29 states that very claimant shall have the right of appeal in the case of refusal
of benefit or complaint as to its quality or quantity.
Article 1 of the Declaration of Alma-Ata provides that health, which
is a state of complete physical, mental and social well-being, is a fundamental human
right. Article 2 refers to the existing "...gross inequality in the health
status..." of persons both between developed and developing countries and within
developed countries. The Declaration is important for disabled persons as the promotion of
primary health care will result in the prevention of disabilities and the improvement of
rehabilitative services for disabled persons.
Article V of the Declaration of Alma-Ata states that Governmentsare
responsible for the health of their people which can be attained by the provision of
adequate health and social measures. The main social target is the attainment of all
peoples a level of health that will permit them to lead a socially and economically
productive life. Article VII (6) states that those in need should have priority in health
care and article VIII urges Governments to 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 co-ordination with other sectors.
Article 10 (d) of the Declaration on Social Progress and Development
states that social progress and development should aim at the achievement of the highest
standards of health and the provision of health protection for the entire population.
In addition, article 19 notes that free health services, adequate preventive and
curative facilities, and welfare medical services are the means to achieve the above
goals.
Paragraph 118 of the World Programme of Action concerning Disabled Persons
encourages the establishment and development of a public system of social care and health
protection. Paragraph 96 urges States to co-ordinate programmes for prevention of
disability which include community-based primary health care systems that reach all
segments of the population, and for public health activities that will assist people in
attaining lifestyles that will provide the maximum defence against the causes of
impairment
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