The key provision is Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which recognizes "the right of everyone to the enjoyment of the highest attainable standard of physical and mental health."

The phrase is important: "highest attainable standard". States are generally expected to:

• Take concrete steps toward improving health systems and public health.
• Use the maximum available resources they reasonably have.
• Avoid discrimination in access.
• Ensure at least certain minimum core health services.
• Progressively realize the right over time rather than deliberately moving backward without strong justification.