Beyond Jurisdiction: Responsibilities for the Right to Health

The paper explores whether different types of non-state actors (NSAs) are or should become bearers of responsibilities for health-related human rights, in particular in situations where it is unlikely that they are accepted as full human rights duty-bearers. By differentiating them from human rights obligations/duties, the paper first establishes what is meant by ‘responsibilities for human rights’. It highlights that they oblige their bearers to not undermine and to proactively support human rights duty-bearers – usually states – to discharge their human rights duties. Second, the paper examines various non-state actors’ emerging responsibilities for health-related human rights – their legal basis and degree of normativity, their holders and bearers, their scope and content as well as the grounds based on which responsibilities for health-related human rights could be allocated to concrete non-state responsibility-bearer. This is done through an analysis and interpretation of relevant health-related human rights provisions in light of international human rights courts’ and treaty bodies’ ‘jurisprudence’.