Worldwide, children face significant health risks. The right to health of the child offers insight into the ways in which these risks should be mitigated. However, the concept of ‘the highest attainable standard of health of the child’ as laid down in article 24 of the Convention on the Rights of the Child remains unclear.
Therefore, this book seeks to clarify the international normative framework on the right to health of the child. It does so by looking at the international children’s rights framework, international health and human rights law and by taking a particular look at relevant legislation in the European region, covering both European Union legislation and human rights law of the Council of Europe, including the Guidelines on Child-Friendly Healthcare. Also, the interpretation of the right to health by the UN Committee on the Rights of the Child is analyzed for 35 countries of different levels of development. On the basis of these sources, priorities are identified that should be realized to achieve the highest attainable standard of health of the child.
This book addresses the question how the implementation process influences the interpretation of the highest attainable standard of health of the child. This results in a definition of the highest attainable standard of health of the child that takes into account the varying capabilities of individual children and which considers children as active rights-holders, notwithstanding their age or level of development.
I. Introduction (p. 1)
II. The Right to Health of the Child in the Children’s Rights Convention (p. 39)
III. Children’s Right to Health in the Recommendations of the Committee on the Rights of the Child in the Concluding Observations on the Country Reports (p. 107)
IV. The Right to Health of the Child in International Health and Human Rights Law: Adding a Human Voice? (p. 151)
V. Regional Interpretations of the Right to Health of the Child: a Focus on Europe (p. 187)
VI. Realizing the Right to Health of the Child (p. 231)
VII. Conclusions (p. 283)