Communication 431/12 – Thomas Kwoyelo v. Uganda
Complainant to corroborate his allegation. Nor do the facts of the case reveal
violations of Article 26.
Alleged Violation of Article 16
268.
Article 16 of the Charter relates to the right to health and provides that:
1. Every individual shall have the right to enjoy the best attainable state of
physical and mental health.
2. State Parties to the present Charter shall take the necessary measures to
protect the health of the people and to ensure that they receive medical
attention when they are sick.
269.
Both Common Article 3 of the Geneva Conventions and the relevant Article 7
of Additional Protocol II of the 1949 Geneva Conventions stipulates that the
wounded and the sick should be cared for and in the terms of the latter article ‘shall
receive, to the fullest extent practicable and with the least possible delay, the
medical care and attention required by their condition (without any distinction on
any grounds other than medical ones)’.
270.
Similarly, Articles 4(2)(a) and 5(1)(d) of the same Additional Protocol prohibit
violence to life, health and physical integrity and guarantee the right to medical
examination to internees and detainees respectively. These relate to what are
referred to as above ‘rules on material conditions of detention’.
271.
The purpose of the rules on material conditions of detention is to ensure that
detaining authorities adequately provide for detainees’ physical and psychological
needs, which include food, accommodation, health, hygiene, contacts with the
outside world, and others. Treaty and customary IHL provide a substantial
catalogue of standards pertaining to conditions of detention, as do human rights
72
62nd Ordinary Session, 25 April – 9 July 2018
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