r. Ensure that national health policies guarantee that the determinants of the right to
health are achieved through the development and promotion of the income
generating capacity of families, particularly those affected by epidemic diseases.
Cross-cutting Obligations
s. Protect individuals and peoples against environmental, industrial and occupational
hazards, preventing air, land and water pollution and alleviating the adverse effects
of urban development, industrialisation, and global warming on ecosystems,
livelihood and food security.
t. Ensure the right not to be subjected to medical or scientific experimentation without
free and informed consent. In this regard, vulnerable and disadvantaged groups
should be given special attention and protection.
u. Ensure adequate supervision and regulation of research facilities on embryos
especially those produced as a result of medical procedures offering assistance
towards procreation and the attendant application of such procedures, in order to
prevent the fostering of selective gender-biased eugenics.
v. Ensure the right to benefit from scientific progress and application thereof without
any discrimination whatsoever.xx In this regard states are further bound to ensure the
right of everyone, especially children, to protection from all forms of trade in organs
and medical exploitation.
w. Ensure the recognition, acceptance, development, efficacy, modernisation and
integration of traditional medicine into the public health care system. xxi This will
include legislation on traditional medicine and the creation of an oversight authority,
with the objectives to:
1. Sensitise the society to the benefits of traditional medicine;
2. Protect individuals from abuse and misuse of traditional medicines,
and to ensure that individuals are not subjected to false medicines;
3. Cultivate and conserve medicinal plants;
4. Produce locally standardised African traditional medicines;
5. Protect traditional medical knowledge.
Vulnerable Groups, Equality and Non-Discrimination
x. Ensure that national plans prioritise members of vulnerable and disadvantaged
groups in access to health care.
y. Ensure access to affordable health facilities, infrastructure, goods and services to all
without discrimination of any kind. States parties should ensure equitable distribution
of all health facilities, goods and services, and measures to ensure physical access
by all including particularly members of vulnerable and disadvantaged groups. To
this end states should ensure that all health indicators (including for example
maternal mortality rates) are disaggregated according to a variety of factors, such as
26