Afterword : forced migration, state violence and the right to health

Abstract

The highest attainable standard of health is a fundamental human right. Defi ned by WHO in its 1946 Constitution as ‘a state of complete physical, mental and social well-being, and not merely the absence of disease or infi rmity’, health is not reducible to a medical concept but encompasses a broader, social dimension. The loss of health entails the loss of capacity/capability to conduct various daily activities that constitute and give meaning to life, such as work, social networks, family, time and leisure activities. The ownership, control or possession of one’s health contributes towards a life of dignity. Inversely, the loss or dispossession of health is of great harm to an individual and can constitute one of the gravest affronts to human dignity. It is for this reason that the right to health is recognized as a fundamental human right in all major international human rights conventions, and is part of customary international law.