THE RIGHT TO HEALTH MELBA KATINDI ADVOCACY OFFICER

OUTLINE OF PRESENTATION Introduction The Right to Health Challenges and Realization of the Right to Health The EAC Bill Role of Parliamentarians Role of CSOs Conclusion 2

THE RIGHT TO HEALTH 1946: WHO Constitution adopted the right to health "a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity” 1966: International Covenant on Economic Social and Cultural Rights (ICESCR) adopted- Kenya ratified the Convention in------ CEDAW, CRC, CRPD, ACHPR and ACRWC all have clauses that specifically expound on the right to health for women, children and persons with disabilities- Kenya has ratified all these instruments In the last decade over 70 countries have incorporated the right to health into national constitutions including Kenya 3

But Health remains out of reach to billions. . CHALLENGES Nearly 2 billion people (a third of the world’s population) lack access to essential medicines. The median coverage of health insurance is 35% in Latin America, 10% in Asia, and less than 8% in Africa. In Kenya only 1 in 4 working kenyans can afford medical cover In low-income / middle-income countries, drugs account for 20– 60% of health-care costs, and 50– 90% of these costs are paid out-of- pocket by patients. 4

Challenges cont. . Globally, about 150 million people suffer financial catastrophe annually while 100 million are pushed below the poverty line. On average, a Kenyan woman without health insurance must pay almost $350 USD in order to deliver (normally) in a private health facility The huge burden of health and particularly HIV is on women, children and older persons. 5

Actualizing the right to health Important steps. Map the current state of public health to determine accessibility by all including the minority, marginalised and special groups Accessibility: Physical facilities, drugs and commodities, equipment, personnel, comprehensive services. consider geographical location, special needs e. g reproductive health services, HIV services, palliative care… Introduce rights approaches in service delivery in the health sector- people centred approaches, socio- cultural analyses of environments and issues, accountability, transparency, allocation of health finances. 6

Actualizing the right to health The How Increased literacy among community people and parliaments on 7 the rights of special groups. Formulation and review of legislation to actualize this right Investing - financial, physical and human resources Increased on-budget allocation for health sector Prioritizing and Maximizing results from ministerial allocations Commitment towards fighting corruption Investment in public education and advocacy prevention strategies

THE DRAFT EAC HIV AND AIDS PREVENTION AND MANAGEMENT BILL, 2010 Necessary due to the high stigma associated with HIV and the rampant discrimination that PLHIV faced over the years Purposes of the Bill • promote a rights based approach to dealing with all matters relating to HIV and AIDS; • extend to every person living with or affected by HIV, the full protection of the person’s human rights and civil liberties • Ensure special investment in women and girls health • Standardize HIV management in the EA region Clauses 44 and 35 will greatly impact women, girls and caregivers. Is silent on the older people. 8

EAC Bill cont ……. Current status of the bill: Bill has just been discussed and approved by the EAC Sectoral Council on Health (combining health and HIV & AIDS) in its sitting of March-April '11 in Kigali. The Bill awaits to be tabled at the Sectoral Council on Legal & Judicial Affairs later this year Will thereafter be taken to the Council of Ministers, who, upon approval and with necessary modifications, if any, will table it before EALA. 9

ROLE OF PARLIAMENTARIANS IN REALIZATION OF THE EAC BILL Knowledge, buy-in and support on the EAC Bill Prioritize health and hasten implementation of the policies promoting health rights by raising evidence based information on failures to deliver on this right. Pass effective country-specific policies and regulations that encompass the HRBA and protection against HIV related violations - in line with the Bill Actively advocate for recognition of the needs of vulnerable groups and prioritize those in implementation of country-specific health budgets Positively exploit civil society for up to date information, 10 representative of reality on the ground

ROLE OF CSO’s Familiarize themselves with the mandate of EALA with the aim of identifying opportunities for engagement Information sharing with members of parliament to provide useful information that would enrich debate on health related bills Meaningful engagement in the formulation and review of legislation touching on matters relating to health Collect evidence and facts on good and bad practices and share with stakeholders including MPs Public information and education – More media engagement Hold governments accountable in delivery of services Continue to advocate for actualization of the highest attainable standard of health • Undertake Strategic Litigation: Public interest litigation for special groups 11

Conclusion The right to health is closely linked to the right to life without which human rights have no value for any individual. Through meaningful MPs - CSOs engagement, we can enhance realization of the needs of vulnerable groups hence facilitating a more productive and wealthier nation! 12

AHSANTE SANA 13