Right to Participation in Public Health Strategy Development

Potts HT¹*

1. Monash University, Melbourne, Victoria, Australia

United Nations human rights documentation frequently reiterates the importance of the human right to participation in policy development, but infrequently describes the process. This right is part of the normative content of Article 12 (the right to health) of the International Covenant on Economic, Social and Cultural Rights and to which Australia is a party.

General Comment No. 14 The Right to the Highest Attainable Standard of Health, which issued from the United Nations Committee on Economic, Social and Cultural Rights in 2000 states that ‘…participation of the population in all health-related decision-making at the community, national and international levels’ is an important aspect of the right to health. Paragraph 43(f) of General Comment No. 14, directs States to adopt and implement a national public health strategy and plan of action which is developed and reviewed via a participatory process. This minimum core obligation is directed at incorporation of public participation in the public health policy process.

The paper addresses what is required for effective participation and suggests a framework for that participation. By incorporation of qualitative research involving Australian health officials, representatives of Non-Government Organisations (NGOs), analysis of health documentation and relevant literature, it is considered that participation in the context of paragraph 43(f) can be interpreted as a ‘right to a process’. In view of incomplete knowledge and understanding of the human right to health together with the potential for manipulation of participation, consideration is given to legislative protection of this process.

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