Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

252 | PRACTITIONERS GUIDE No. 6
The African Commission has held that “[d]enying people food and medical
attention [. . .] constitutes a violation of Article 4 [right to life]” 1035 as
well as of the right to health (Article 16 ACHPR). The African Commission
has determined that the right to health includes a duty to protect citizens
from adverse consequence of pollution, whether caused by State
or private action, in addition to the duties of States under the right to
a healthy environment (Article 24 ACHPR). 1036 The African Commission
has also found that the “failure of the Government to provide basic
services such as safe drinking water and electricity and the shortage
of medicine” 1037 constitutes a violation of the right to enjoy the best
attainable state of physical and mental health.
3. Social Security
The right to social security is recognised by several international human
rights treaties and instruments. 1038 Under the CESCR, it includes “the
right to access and maintain benefits, whether in cash or in kind, without
discrimination in order to secure protection, inter alia, from (a) lack
of work-related income caused by sickness, disability, maternity, employment
injury, unemployment, old age, or death of a family member;
(b) unaffordable access to health care; (c) insufficient family support,
particularly for children and adult dependents.” 1039
The CESCR has also defined the minimum core content of the right to
social security. This includes:
a) To ensure access to a social security scheme that provides a minimum
essential level of benefits that will enable them to acquire at
least essential health care, basic shelter and housing, water and
sanitation, foodstuffs, and the most basic forms of education;
b) To ensure the right to access to social security systems or schemes
on a non-discriminatory basis, especially for disadvantaged and
marginalised individuals and groups;
c) To respect existing social security schemes and protect them from
unreasonable interference. 1040
1035 Malawi African Association and Others v. Mauritania, ACommHPR, op. cit., fn. 1006, paras.
120 and 122.
1036 SERAC and CESR v. Nigeria, ACommHPR, op. cit., fn. 29, paras. 52–53.
1037 Free Legal Assistance Group and Others v. Zaire, ACommHPR, op. cit., fn. 892, para. 47.
1038 Article 9 ICESCR; Article 5(e)(iv) ICERD; section III(f), Declaration concerning the aims and
purposes of the International Labour Organisation (Declaration of Philadephia), adopted on
10 May 1944; Articles 22 and 25.1 UDHR; Articles 11.1(e) and 14.2(c) CEDAW; Article 26
CRC; Article XVI ADRDM; Article 9, Protocol of San Salvador; Articles 12, 13 and 14 ESC(r).
1039 CESCR, General Comment No. 19, op. cit., fn. 950, para. 2.
1040 Ibid., para. 59.