Socio-economic rights have been widely regarded as aspirational goals, rhetorically useful, but having few practical implications for government policy and the distribution of resources within a polity. It is not therefore surprising that socioeconomic rights have been systematically neglected in the world today, with millions still lacking access to even basic shelter, food or health-care.
It is argued that the tradition of regarding socio-economic rights as second-class is deceptive, especially considering the fundamental nature of these rights. Nigeria has embraced and adopted the Universal Declaration of Human Rights, which states, under Article 25, that there is a “right to a standard of living adequate for the health and well-being” of each person and their family, including basic food, medical care, social services, and security in the event of unemployment or disability. It is these human rights that offer a means of articulating and fulfilling basic human needs. These needs are encompassed by the protections provided by economic rights.
In line with the Maastricht Guidelines which is a document released by the United Nations Office of the High Commissioner for Human Rights, there are three layers of obligations in matters touching the Economic, Social and Cultural rights which also includes the Right to Health as embedded in article 25 of the Universal Declaration of Human Rights (UDHR) which is a standard setting instrument. These obligations include the mandate to respect, protect and fulfill tasks which will guarantee and restore every individual right to health in every national, state and Local level. This Article will reveal what is obtainable with the different layers of obligation as enshrined in the document of which failure to perform any one of the three obligations will most likely constitute a violation of the right to health.
The first obligation on the document is the obligation to respect. This Obligation requires that states not interfere with the enjoyment of the right to health of its citizenry. Thus, they are to refrain from denying or limiting equal access for all persons, (including women, children, vulnerable groups, detainees, minorities etc.), to preventive, curative and palliative health services; abstaining from enforcing discriminatory state practices as state policy and abstain from imposing discriminatory practices relating to women’s health and status. This means that no preferential form of treatment is to be given to a citizen over another citizen for the purpose of wealth, status or any other factor that could bring about ill-treatments to another citizen who is not as privileged as the other. It should be understood that people are first humans before becoming wealthy or famous and that knowledge has to stick to the minds of state and country actors, especially those in the health sector in order to keep the Right to health of any individual if checked.
The Second Obligation on the document is the obligation to protect. This obligation on the other hand, stresses on the need to ensure that third parties (i.e., non-State actors) do not infringe upon the enjoyment of the right to health of citizens in a particular region, state or country. In essence, this is about the state’s obligation to adopt legislation and policies to ensure that third parties do not violate people’s right to health or exploit them through abuse of market processes. It is the duty of the state to also ensure that health ethics and standards are maintained, harmful traditional practices are abolished, gender-based violence is check-mated, techniques for the control of pollution (i.e., Air, Land and Water) is employed, environmental degradation is avoided at all cost, transparency and accountability is ensured through the increase of access to health-related public finance information, which will in turn facilitate the implementation of the obligation to protect the right to health.
The Third Obligation on the document is the obligation to Fulfill. This obligation requires that states take positive steps to realizing the Right to health. It is expected of states to take positive measures which includes; appropriate budgeting through the dedication of maximum available resources, implementation of plans and policies, promotion of health fostering factors for example through WASH (i.e., Water, Sanitation and Hygiene), disseminating appropriate nutrition and lifestyle information, and supporting people, to make informed choices about their health, etc.
In conclusion, it is important to note that the violations of the Right to health of any individual whether directly perpetuated by the state or by private entities will have an adverse effect on the Nation at large if such violations are not avoided and checked per time.
Jekeli writes from the Centre for Social Justice (CSJ), Abuja.
