Justiciability of the Right to Health in International Legal System

Right to health is a fundamental right that has been mentioned in several international and regional documents and national laws. Since the beginning of the codification of human rights documents, there have been some challenges about justisiability of Economic, Social and Cultural rights including the right to health as one of the most important components of these rights. This led to the ignorance of these rights by the governments and the issue turned into a mean for justifying the violation of human rights of people.
In this article, justiciability of the right to health in international system was examined by looking to available studies and relevant legal documents in international law system and the related interpretations by different authorities. The results showed that substantially the right to health is a justiciable right that has been litigated many times in international, regional and national courts. Therefore the governments should realize the minimum necessities for health of the individuals as an inevitable obligation and they should use all the necessary means including administrative, legal, financial and judicial ones in this regard.