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Module 5. The Right to Health
The Duty to Respect, Protect, and Fulfil Obligations Relating to the Right to Health

Taken as a whole, States’ obligations with regard to health include:

  1. Obligation to respect:

    States must refrain from denying or limiting equal access to health care services, as well as to the underlying determinants of health for persons with disabilities.

    Example: The State repeals a law that discriminates against persons with disabilities in their access to health care and adopts a law that recognizes that persons with disabilities in public or private institutions, such as hospitals or prisons, may not be denied access to health care and related support services, or water and sanitation.

  2. Obligation to protect:

    States must take all appropriate measures to ensure that third parties, such as health clinic professionals, service provider organizations, or others do not harm the right to health of persons with disabilities.

    Example: The State takes measures to ensure that health care providers do not discriminate against persons with disabilities in the provision of health care.

    Example: The State adopts specific measures to ensure that persons with disabilities are effectively reached in public health programs, such as infectious disease prevention education.

    Example: The State provides reasonable accommodations to ensure equal access to health services for persons who are deaf in the form of on-call sign language interpreter services at medical facilities.

    Example: The State investigates reports of discriminatory treatment of patients with disabilities.

  3. Obligation to fulfil:

    States must be proactive in their adoption and implementation of measures to give effect to the principles of equal access and non-discrimination in health care provisions.

    Example: The State provides disability training to health care providers to help them understand how to effectively accommodate consumers with disabilities.

    Example: The State provides information on dental services in accessible formats for persons with disabilities, such as plain language for persons with intellectual disabilities.

    Example: The State ensures that the right to health of persons with physical and mental disabilities is adequately reflected in their national health strategy, plan of action, and other policies, such as national poverty reduction plans.

In sum, international human rights law strongly supports the right of persons with disabilities to have equal and effective access to health services. The enjoyment of the right to health facilitates the enjoyment of other rights by persons with disabilities.

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