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

252 | PRACTITIONERS GUIDE No. 6The African Commission has held that “[d]enying people food and medicalattention [. . .] constitutes a violation of Article 4 [right to life]” 1035 aswell as of the right to health (Article 16 ACHPR). The African Commissionhas determined that the right to health includes a duty to protect citizensfrom adverse consequence of pollution, whether caused by Stateor private action, in addition to the duties of States under the right toa healthy environment (Article 24 ACHPR). 1036 The African Commissionhas also found that the “failure of the Government to provide basicservices such as safe drinking water and electricity and the shortageof medicine” 1037 constitutes a violation of the right to enjoy the bestattainable state of physical and mental health.3. Social SecurityThe right to social security is recognised by several international humanrights treaties and instruments. 1038 Under the CESCR, it includes “theright to access and maintain benefits, whether in cash or in kind, withoutdiscrimination in order to secure protection, inter alia, from (a) lackof work-related income caused by sickness, disability, maternity, employmentinjury, 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.” 1039The CESCR has also defined the minimum core content of the right tosocial security. This includes:a) To ensure access to a social security scheme that provides a minimumessential level of benefits that will enable them to acquire atleast essential health care, basic shelter and housing, water andsanitation, foodstuffs, and the most basic forms of education;b) To ensure the right to access to social security systems or schemeson a non-discriminatory basis, especially for disadvantaged andmarginalised individuals and groups;c) To respect existing social security schemes and protect them fromunreasonable interference. 10401035 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 andpurposes of the International Labour Organisation (Declaration of Philadephia), adopted on10 May 1944; Articles 22 and 25.1 UDHR; Articles 11.1(e) and 14.2(c) CEDAW; Article 26CRC; 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.