Skip to main content Skip to main navigation menu Skip to site footer
Bulletin of Abai KazNPU. Series of Jurisprudence

INTERNATIONAL STANDARDS FOR HEALTH: UNIVERSAL AND REGIONAL MECHANISMS FOR IMPLEMENTATION

Published September 2025
КазНМУимени С.Д.Асфендиярова
Abstract

The article is devoted to the study of international standards of the right to health protection and the mechanisms of their implementation at the universal, regional and national levels. The author proceeds from the fact that human health is an integral element of the human rights system, enshrined in key international treaties and declarations. The basic documents of the universal level are considered – the Constitution of the World Health Organization of 1946, the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966 and the General Comment No. 14 of the UN Committee on ESCR. Special attention is paid to the four elements of the right to health formulated in international practice: accessibility, acceptability, quality and non-discrimination (AAAQ).

Regional mechanisms are described by the example of the European Social Charter, the African Charter on Human and Peoples' Rights and the Inter-American Convention on Human Rights. The article presents the practice of the European Court of Human Rights, the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights, where issues of access to medical care and treatment conditions were considered in the context of violations of fundamental rights.

The experience of the Republic of Kazakhstan is considered in the national dimension. The Constitution of the Republic of Kazakhstan enshrines the right to health protection (art. 29), and the Code "On the Health of the People and the Healthcare System" specifies the mechanisms for its implementation. The paper highlights recent reforms – the creation of the Constitutional Court, the updating of the Concept of Healthcare Development until 2026, as well as the desire to harmonize national legislation with international obligations.

The article concludes that the effective realization of the right to health is possible only with an integrated approach, including the implementation of international standards, the development of national institutions and the strengthening of judicial and quasi-judicial protection mechanisms.

PDF (Русский)