water and adequate sanitation facilities, hospitals, clinics and other healthrelated buildings, trained medical and professional personnel.”93
340. Accessibility means that the right to health is within reach of every individual
without discrimination and it is composed of the following components: nondiscrimination, physical accessibility, economical accessibility, informational
accessibility.94 Acceptability requires that “all health facilities good and
services must be respectful of medical ethics, and be culturally
appropriate.”95 In terms of quality, the health services are required to be
“scientifically and medically appropriate and of good quality.”96
341. The Court also takes note of General Comment No. 14 (2000), which
obligates states to mainstream gender in all the health policies, planning,
programmes and research.97 Notably, the requirement of the right to health
is in relation to the “highest attainable standard of health”, in other words,
states are obliged to take the necessary steps “to the maximum of its
available resources”.
342. The Court observes that if a State is unwilling to use its maximum available
resources then it will be in breach of its obligations. The burden of proof
rests on the State to demonstrate that it has made use of all available
resources in order to satisfy its obligations on the right to health.
343. In this regard, it is critical to recall that, under the General Comment No. 14
(2000), the core obligations of states which relate to providing primary
health care and which constitutes the minimum required standard, is as
follows:
93
General Comment No. 14, ibid, § 12(a).
General Comment No. 14, ibid, para 12(b).
95 Ibid, § 12(c).
96 Ibid, § 12(d).
97 Ibid, § 20.
94
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