What are key terms related to health and human rights?

Glossary

The following terms relate both to health and human rights and to human rights in general.

A

Acceptability
One of four criteria set out by Committee on Economic, Social, and Cultural Rights by which to evaluate the right to the highest attainable standard of health. Acceptability: means that all health facilities, goods and services must be respectful of medical ethics, culturally appropriate, sensitive to gender and life-cycle requirements, as well as designed to respect confidentiality and improve the health status of those concerned (General Comment 14). See also "Adequacy," "Availability," and "Quality."

Accessibility
One of four criteria set out by Committee on Economic, Social, and Cultural Rights by which to evaluate the right to the highest attainable standard of health health. Accessibility: means that health facilities, goods and services have to be accessible to everyone without discrimination. Accessibility has four overlapping dimensions: non-discrimination, physical accessibility, economic accessibility (affordability), and information accessibility (General Comment 14). See also "Acceptability," "Adequacy," and "Quality."

Accession
Acceptance by a state of the opportunity to become a party to a treaty and be legally bound by it. Unlike ratification, this is a one-step process.

Actio popularis (public action)
A legal action brought by any member of a community in vindication of a public interest.

Adoption
Process by which the parties drafting a treaty agree to its text and open the treaty for accession or ratification by potential state parties.

Adoption theory
Theory maintaining that international law becomes an automatic part of domestic law following treaty accession or ratification, without further domestication.

Amicus curiae (friend of the court)
A legal document filed with the court by a party not involved in a lawsuit, generally advocating a particular legal position or interpretation.

Availability
One of four criteria set out by Committee on Economic, Social, and Cultural Rights by which to evaluate the right to the highest attainable standard of health. Availability: means that functioning public health and health care facilities, goods, and services, as well as programmes, have to be available in sufficient quantity. This should include the underlying determinants of health, such as safe drinking water, adequate sanitation facilities, clinics and health-related buildings, trained medical personnel, and essential drugs (General Comment 14). See also "Acceptability," "Accessibility," and "Quality."

B

Basic needs
Used largely in the development community to refer to basic health services, education, housing, and other goods necessary for a person to live.

C

Concluding observations
Recommendations by a treaty’s enforcement mechanism on the actions a state should take in ensuring compliance with the treaty’s obligations. This generally follows both submission of a state’s country report and a constructive dialogue with state representatives.

Country report
A state’s report to the enforcement mechanism of a particular treaty on the progress it has made in implementing it.

Customary international law
A source of international law consisting of rules derived form the consistent conduct of states acting out of the belief of a legal obligation. A particular category of customary international law, jus cogens, refers to a principle of international law so fundamental that no state may opt out by treaty or otherwise.

D

De facto (in fact, in reality)
Existing in fact.

De jure (by right, lawful)
A situation or conclusion based on law.

Dignity
The quality of being worthy, honored, or esteemed. Human rights are based on inherent human dignity and aim to protect and promote it.

Discrimination
Distinction between persons in similar cases on the basis of race, sex, relation, political opinions, national or social origins, association with a national minority, or personal antipathy (WHO).

Domestication
Process by which an international treaty is incorporated into domestic legislation.

E

Entry into force
Point at which a treaty becomes a legally binding document on all state parties.

Essential medicines
Medicines that satisfy the priority health-care needs of the population. Essential medicines are intended to be available at all times in adequate amounts, in the appropriate dosage forms, with assured quality, and at a price the individual and the community can afford.

Exhaustion of domestic remedies
Requirement to seek all available avenues for national redress before submitting a complaint on behalf of a victim to any regional or international tribunal. There are limited exceptions to this requirement if national remedies are unavailable, ineffective (sham proceedings), or unreasonably delayed.

G

General comments/recommendations
Interpretive texts issues by a treaty’s enforcement mechanism on the content of particular rights. Although these are not legally binding, they are widely regarded as authoritative and have significant legal weight.

H

Health
A state of complete physical, mental, and social well-being, not merely the absence of disease or infirmity (WHO).

Human rights
Universal legal guarantees for all human beings, set out in international standards, protecting human dignity and fundamental freedoms and privileges. Human rights cannot be waived or taken away.

Human rights covenants/conventions
Treaties which are legally binding on states which ratify them.

Human rights declarations
Statements of non-binding human rights norms and principles (though they may reflect binding customary international law).

Human rights indicators
Criteria used to measure compliance with international human rights standards.

I

Interdependent/ indivisible
Term used to describe the relationship between civil and political rights and economic and social rights. Interdependence and indivisibility mean that one set of rights does not take precedence over the other, and that guaranteeing each set of rights is contingent upon guaranteeing the other.

International law
The set of rules and legal instruments regarded and accepted as binding agreements between nations. Sources are: treaties, custom, general principles of law, and judicial decisions and juristic writings (Statute of the International Court of Justice, art. 38(1)(d)).

Interpretive declaration
Declaration by a state as to its understanding of some matter covered by a treaty. Unlike reservations (see below), declarations merely clarify a state’s position and do not purport to exclude or modify the legal effect of a treaty.

M

Maximum available resources
Key provision of ICESCR, Article 2 obliging governments to devote the maximum of available government resources to realizing economic, social and cultural rights.

Monitoring/ fact finding/ investigation
Terms often used interchangeably, generally intended to mean the tracking and/or gathering of information about government practices and actions related to human rights.

N

Negative rights
State obligations to refrain from interfering with a person’s attempt to do something.

Neglected diseases
Diseases affecting almost exclusively poor and powerless people in rural parts of low-income countries that receive less attention and resources.

P

Positive rights
State obligations to do something for someone.

Progressive realization
Requirement that governments move as expeditiously and effectively as possible toward the goal of realizing economic, social and cultural rights, and to ensure there are no regressive developments.

Protocol
Addition to a treaty that clarifies terms, amends text, or establishes new obligations.

Public health
What we as a society do collectively to ensure the conditions in which people can be healthy (Institute of Medicine).

Q

Quality
One of four criteria set out by Committee on Economic, Social, and Cultural Rights by which to evaluate the right to the highest attainable standard of health. Quality: means that health facilities, goods, and services must be scientifically and medically appropriate and of good quality. This requires skilled medical personnel, scientifically approved and unexpired drugs, and hospital equipment (General Comment 14). See also "Acceptability," Accessibility," and "Availability."

R

Ratification
Follows signature and indicates a state’s acceptance of a treaty and agreement to be bound by it.

Reservation
A unilateral statement by a state when signing, ratifying, or acceding to a treaty which purports to exclude or modify the effect of certain treaty provisions. Under the Vienna Convention on the Law of Treaties, a state cannot enter a reservation that is “incompatible with the object and purpose of the treaty.”

Respect, protect, and fulfill
Governments’ obligations with respect to rights. Respect: government must not act directly counter to the human rights standard. Protect: government must act to stop others from violating the human rights standard. Fulfill: government has an affirmative duty to take appropriate measures to ensure that the human rights standard is attained.

Right to health
Right to the enjoyment of a variety of facilities, goods, services, and conditions necessary for the realization of the highest attainable standard of health.

S

Self executing treaty
A treaty that does not require implementing legislation for its provisions to have effect in domestic law.

Shadow report
Independent NGO submission to a treaty enforcement mechanism to help it assess a state’s compliance with that treaty.

Signature
Expression of a state’s willingness to continue the treaty-making process and proceed to ratification. Although the provisions of the treaty are not yet legally binding on the states, signature creates an obligation to refrain in good faith from acts that would defeat the object and purpose of the treaty.

Special procedures
Mechanisms with the Human Rights Council, including special rapporteurs, clarifying communications with countries, and country missions, to address country-specific human rights violations or thematic issues.

Special rapporteurs
Individuals appointed by the Human Rights Council to investigate human rights violations and present an annual report with recommendations for action. There are both country-specific and thematic special rapporteurs, including one on the right to the highest attainable standard of health.

T

Transformation theory
Theory maintaining that international law only becomes part of domestic law after domestication and the incorporation of treaty provisions into domestic legislation.

Treaty
A formal agreement entered by two or more nations which is binding upon them.

U

Underlying determinants of health
Conditions necessary for good health, including safe and potable water, adequate food, housing, halthy occupational and environmental conditions, health-related education, non-discrimination, etc. This includes both social and economic and civil and political rights.

W

Working groups
Small committees appointed by the Human Rights Council on a particular human rights issue. Working groups write governments about urgent cases and help prevent future violations by developing clarifying criteria on what constitutes a violation.

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