THE RIGHT TO HEALTH

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THE RIGHTTO HEALTH

• MELBA KATINDI
• ADVOCACY OFFICER

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OUTLINE OF PRESENTATION

• Introduction
• The Right to Health
• Challenges and Realization of the Right to Health
  
• The EAC Bill
• Role of Parliamentarians
• Role of CSOs
• Conclusion

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THE RIGHT TO HEALTH

• 1946 WHO Constitution adopted the right to
  health
• "a state of complete physical, mental and social
  well-being and not merely the absence of disease
  or infirmity
• 1966 International Covenant on Economic Social
  and Cultural Rights (ICESCR) adopted- Kenya
  ratified the Convention in------
• CEDAW, CRC, CRPD, ACHPR and ACRWC all have
  clauses that specifically expound on the right to
  health for women, children and persons with
  disabilities- Kenya has ratified all these
  instruments
• In the last decade over 70 countries have
  incorporated the right to health into national
  constitutions including Kenya

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But Health remains out of reach to billions ....

• CHALLENGES
• Nearly 2 billion people (a third of the worlds
  population) lack access to essential medicines.
• The median coverage of health insurance is 35 in
  Latin America, 10 in Asia, and less than 8 in
  Africa. In Kenya only 1 in 4 working kenyans can
  afford medical cover
• In low-income / middle-income countries, drugs
  account for 2060 of health-care costs, and
  5090 of these costs are paid out-of- pocket by
  patients.

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Challenges cont....

• Globally, about 150 million people suffer
  financial catastrophe annually while 100 million
  are pushed below the poverty line.
• On average, a Kenyan woman without health
  insurance must pay almost 350 USD in order to
  deliver (normally) in a private health facility
• The huge burden of health and particularly HIV is
  on women, children and older persons.

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Actualizing the right to health

• Important steps.
• Map the current state of public health to
  determine accessibility by all including the
  minority, marginalised and special groups
• Accessibility Physical facilities, drugs and
  commodities, equipment, personnel, comprehensive
  services.
• consider geographical location, special needs
  e.g reproductive health services, HIV services,
  palliative care
• Introduce rights approaches in service delivery
  in the health sector- people centred approaches,
  socio- cultural analyses of environments and
  issues, accountability, transparency, allocation
  of health finances.

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Actualizing the right to health

• The How
• Increased literacy among community people and
  parliaments on the rights of special groups.
• Formulation and review of legislation to
  actualize this right
• Investing - financial, physical and human
  resources
• Increased on-budget allocation for health sector
• Prioritizing and Maximizing results from
  ministerial allocations
• Commitment towards fighting corruption
• Investment in public education and advocacy
  prevention strategies

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THE DRAFT EAC HIV AND AIDS PREVENTION AND
MANAGEMENT BILL, 2010

• Necessary due to the high stigma associated with
  HIV and the rampant discrimination that PLHIV
  faced over the years
• Purposes of the Bill
• promote a rights based approach to dealing with
  all matters relating to HIV and AIDS
• extend to every person living with or affected by
  HIV, the full protection of the persons human
  rights and civil liberties
• Ensure special investment in women and girls
  health
• Standardize HIV management in the EA region
• Clauses 44 and 35 will greatly impact women,
  girls and care-givers. Is silent on the older
  people.

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EAC Bill cont .

• Current status of the bill
• Bill has just been discussed and approved by the
  EAC Sectoral Council on Health (combining health
  and HIV AIDS) in its sitting of March-April '11
  in Kigali.
• The Bill awaits to be tabled at the Sectoral
  Council on Legal Judicial Affairs later this
  year
• Will thereafter be taken to the Council of
  Ministers, who, upon approval and with necessary
  modifications, if any, will table it before EALA.

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ROLE OF PARLIAMENTARIANS IN REALIZATION OF THE
EAC BILL

• Knowledge, buy-in and support on the EAC Bill
• Prioritize health and hasten implementation of
  the policies promoting health rights by raising
  evidence based information on failures to deliver
  on this right.
• Pass effective country-specific policies and
  regulations that encompass the HRBA and
  protection against HIV related violations - in
  line with the Bill
• Actively advocate for recognition of the needs of
  vulnerable groups and prioritize those in
  implementation of country-specific health budgets
• Positively exploit civil society for up to date
  information, representative of reality on the
  ground

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ROLE OF CSOs

• Familiarize themselves with the mandate of EALA
  with the aim of identifying opportunities for
  engagement
• Information sharing with members of parliament
  to provide useful information that would enrich
  debate on health related bills
• Meaningful engagement in the formulation and
  review of legislation touching on matters
  relating to health
• Collect evidence and facts on good and bad
  practices and share with stakeholders including
  MPs
• Public information and education More media
  engagement
• Hold governments accountable in delivery of
  services
• Continue to advocate for actualization of the
  highest attainable standard of health
• Undertake Strategic Litigation Public interest
  litigation for special groups

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Conclusion

• The right to health is closely linked to the
  right to life without which human rights have no
  value for any individual.
• Through meaningful MPs - CSOs engagement, we can
  enhance realization of the needs of vulnerable
  groups hence facilitating a more productive and
  wealthier nation!

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AHSANTE SANA
THANK YOU
THANK YOU
FOR YOUR ATTENTION