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The Nature Of State Obligations

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Chapter Summary

Committee on Economic, Social and Cultural Rights (CESCR) General Comment 14 states that government obligations include ensuring the availability of timely and appropriate health care, as well as the underlying determinants of health. CESCR General Comment 14 includes a wide range of state obligations. Government obligations broadly fall into three categories to respect, to protect and to fulfil the right to health. Violations of the right to health can occur through the direct action by the state or of others who are not sufficiently regulated by the state. Violations of the right can also occur through omission or failure by states to take necessary actions or measures arising from their legal obligations. This chapter presents an overview of examples of government's legally binding obligations to respect, protect and fulfil the right to health.

Keywords: CESCR General Comment 14; right to health; state obligations



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