The European Social Charter, the human rights treaty on social and economic rights, guarantees the right to protection of health in Article 11 which complements Articles 2 and 3 of the European Convention on Human Rights - as interpreted by the European Court of Human Rights - by imposing a range of positive obligations designed to secure its effective exercise. The rights relating to health embodied in the two treaties are inextricably linked, since “human dignity is the fundamental value and indeed the core of positive European human rights law – whether under the European Social Charter or under the European Convention of Human Rights - and health care is a prerequisite for the preservation of human dignity”.

States Parties to the Charter must ensure the best possible state of health for the population according to existing knowledge. Health systems must respond appropriately to avoidable health risks, i.e. ones that can be controlled by human action. The main indicators are life expectancy and the principal causes of death. These indicators must show an improvement and not be too far behind the European average. Infant and maternal mortality are good indicators of how well a particular country’s overall health system is operating. States Parties must provide appropriate and timely care on a non-discriminatory basis, including services relating to sexual and reproductive health. The cost of health care must not represent an excessively heavy burden for the individual. Out-of-pocket payments should not be the main source of funding of the health system and steps must be taken to reduce the financial burden on patients from the most disadvantaged sections of the community. The number of health care professionals and equipment must be adequate.

Under Article 11 of the Charter, there must be free and regular consultation and screening for pregnant women and children throughout the country. Free medical checks must be carried out throughout the period of schooling. There should be screening, preferably systematic, for all the diseases that constitute the principal causes of death. States Parties must operate widely accessible immunisation programmes and must demonstrate their ability to cope with infectious diseases, such as arrangements for reporting and notifying diseases, special treatment for AIDS patients and emergency measures in case of epidemics. State Parties must put in place effective anti-tobacco and anti-alcoholism measures as well as measures for drug addiction. Under Article 11 of the Charter, States Parties must take steps to prevent accidents such as road accidents, domestic accidents, accidents at school and accidents during leisure time. Accidents at work are examined under Article 3 of the Charter.

In addition, the right of every worker to a safe and healthy working environment is a widely recognised principle, stemming directly from the right to personal integrity, one of the fundamental principles of human rights. Article 3 of the Charter applies to the whole economy, covering both the public and private sectors. The right to health care of elderly is guaranteed by Article 23 of the Charter, while Article 8 of the Charter guarantees the right of employed women to protection of their maternity.

The European Committee of Social Rights (ESCR) monitors the implementation of the Charter, not only in law, but also in practice. The ECSR examined the situation on health (Article 11) and health and safety at work (Article 3) in most of the States Parties to the Charter in its Conclusions 2017.

The ECSR by its decision of 15 May 2018 on the merits of the complaint Transgender Europe and ILGA-Europe v. the Czech Republic (No. 117/2015) concluded that there was a violation of Article 11§1 of the 1961 Charter (right to health) due to the requirement of sterilisation imposed on trans people wishing to change their personal documents so that they reflect their gender identity.

 

Article 3 of the Convention on Human Rights and Biomedicine (Oviedo Convention), which aims at ensuring equitable access to healthcare, is particularly relevant in a context of economic crisis, socioeconomic gaps in society and scarce resources. Appropriate measures implemented pursuant to this provision will contribute to the goal of providing equitable access to quality health care.

 

In 2018, the the Committee of parties to the Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health (MEDICRIME) held its first meeting. The convention, in force since 1 January 2016, is open to member and non-member States alike. By criminalising certain types of conduct, MEDICRIME helps countries stop the falsification of medicines and medical devices in order to protect public health.

 

The special vulnerability of children and the elderly in the biomedical field will require attention in the future, in the light of developing practices taking place, and were addressed at a conference on the 20th anniversary of the Oviedo Convention, which took place on 24-25 October 2017. A Strategic Action Plan will be developed on the basis of the outcome of the conference, to ensure that human rights of particularly vulnerable groups are better protected. Two studies on the challenges posed to the rights of the child by scientific and technological developments in biomedicine have been commissioned in preparation to the conference, and are also part of the activities carried out under the Council of Europe Strategy for the Rights of the Child (2016-2021).

 

The Enlarged Partial Agreement on Sport (EPAS) contributes to ensuring healthy lives and promotes well-being for all, at all ages, by supporting its member states in making sport fairer, safer and in conformity with high ethical standards. EPAS achieves those objectives by organising events and implementing projects to raise awareness on safe and healthy sport environments and to promote the well-being of those who do sport, with a particular focus on combatting sexual abuse in sport. As the UN recognises that sport contributes to well-being, regardless of age, gender or ethnicity, EPAS has an important role to play by supporting its member states and by facilitating co-operation at local, national and international level.

The Council of Europe also co-ordinates the implementation of the Convention on an Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events (CETS No. 218) and the Anti-Doping Convention (ETS No. 135), which ensure the health and well-being of athletes and spectators.

 

The European Landscape Convention (ETS No. 176) is the first international treaty to be exclusively concerned with all aspects of landscape. Its Parties declare themselves “concerned to achieve sustainable development based on a balanced and harmonious relationship between social needs, economic activity and the environment”. They acknowledge that “the landscape contributes to the formation of local cultures and that it is a basic component of the natural and cultural heritage, contributing to human well-being” and that “the landscape is an important part of the quality of life for people everywhere: in urban areas and in the countryside, in degraded areas as well as in areas of high quality, in areas recognised as being of outstanding beauty as well as everyday areas”. The Work Programme of the Convention implements the Recommendation CM/Rec(2017)7 the Committee of Ministers of the Council of Europe on the contribution of the European Landscape Convention to the exercise of human rights and democracy with a view to sustainable development. The publication “Council of Europe Landscape Convention: Contribution to human rights, democracy and sustainable development” (presents the Recommendation and a Conceptual reference report. “Principles for the participation of the public in the definition and implementation of landscape policies, as defined in the European Landscape Convention” were also prepared and included in the publication. (Council of Europe Publishing, 2018, ISBN 978-92-871-8486-3) [« Convention du Conseil de l’Europe sur le paysage : contribution aux droits humains, à la démocratie et au développement durable » (Editions du Conseil de l’Europe, 2018, ISBN 978-92-871-8485-6)

The entrance into force of the Protocol amending the European Landscape Convention will allow non-European States to become Parties to the Council of Europe Landscape Convention.

 

Recommendation CM//Rec(2016)7 of the Committee of Ministers to member States on young people’s access to rights recommends that youth policies facilitate young people’s access to rights with a special emphasis on, inter alia, social and health-care services that cater for the specific needs of young people. Even though health is not primarily a youth policy issue, advice on youth policy development and other support measures will be given to member States. The recommendation is available in French, Czech, Portuguese and Russian.

 

The Steering Committee for Human Rights (CDDH) published an analysis on the legal and practical aspects of effective alternatives to detention in the context of migration. The CDDH’s Drafting Group on Migration and Human Rights (CDDH-MIG) is currently working on a user-friendly handbook on the effective implementation of alternatives to immigration detention. The CDDH-MIG will furthermore start work on reception conditions for migrant children and potential guidelines on alternatives to immigration detention for children. The work of the Drafting Group seeks to protect the human rights and dignity of migrants and asylum-seekers in Council of Europe member states.

 

The Parliamentary Assembly addresses questions of public health as a human rights issue, in particular through its Committee on Social Affairs, Health and Sustainable Development. In this context, the latest texts adopted were Resolution 2168 (2017) and Recommendation 2104 (2017) on Human rights of older persons and their comprehensive care and Recommendation 2115 (2017) on The use of new genetic technologies in human beings. Further reports are currently (Jan. 2018) being prepared on "Universal access to maternal healthcare", "The provision of palliative care in Europe", "Inquiry into growing antimicrobial resistance in Europe", "Addressing the health need of adolescents in Europe", "Organ transplant tourism", "Protecting the rights of people with psychosocial disabilities with regard to involuntary measures in psychiatry" and "Combating trafficking in human tissues and cells".

In 2017, as well as publishing a guide to visiting places where children are detained for migration purposes, its  Committee on Migration, Refugees and Stateless Persons elected a General Rapporteur on Conditions of Reception of Migrants and Refugees, responsible for examining and denouncing degrading conditions and promoting the humanitarian reception and well-being of migrants in Europe. The Committee’s action aims to encourage member states to recognise the value of migration and to ensure their equal treatment in all areas. 

 

The Congress of Local and Regional Authorities adopted the following texts of relevance:

 

The Steering Committee for Human Rights (CDDH) published an analysis on the legal and practical aspects of effective alternatives to detention in the context of migration. The CDDH’s Drafting Group on Migration and Human Rights (CDDH-MIG) is currently working on a user-friendly handbook on the effective implementation of alternatives to immigration detention. The CDDH-MIG will furthermore start work on reception conditions for migrant children and potential guidelines on alternatives to immigration detention for children. The work of the Drafting Group seeks to protect the human rights and dignity of migrants and asylum-seekers in Council of Europe member states.

 

Recent work of the Commissioner for Human Rights relating to good health and well-being for all at all ages includes reminding member states of the importance of maintaining universal access to health-care services for all, including irregular migrants, and addressing the protection of women´s sexual and reproductive health and rights.

See: