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The Interrelation Between the Right to Health and the Right to Social Security in International Human Rights Law | ||
| پژوهشنامه حقوق تطبیقی | ||
| Articles in Press, Corrected Proof, Available Online from 23 September 2026 | ||
| Document Type: Original Article | ||
| DOI: 10.22080/lps.2026.31618.1875 | ||
| Authors | ||
| mansoor Maleki toulabi1; mohad setayeshpur* 2; Reza Parizad Taserani3 | ||
| 1Department of Public International Law, Qom Branch, Islamic Azad University, Qom, Iran | ||
| 2Mohamad Setayeshpur, Associate Professor, International Law Department, Faculty of Law, University of Qom, Qom, Islamic Republic of Iran | ||
| 3Assistant Professor , Department of Political Science, Qom Branch, Islamic Azad University, Qom, Iran. | ||
| Receive Date: 28 April 2026, Revise Date: 11 July 2026, Accept Date: 15 July 2026 | ||
| Abstract | ||
| The progressive consolidation of economic, social and cultural rights within the international human rights framework has, particularly in recent decades, brought to the forefront rights whose realization is intrinsically linked to the material conditions of human existence. Among these, the right to health and the right to social security constitute two fundamental pillars of social protection, playing a decisive role in safeguarding human dignity and mitigating structural inequalities. Despite their recognition as distinct rights in international instruments, legal analyses have largely addressed them in isolation, thereby overlooking the structural and functional interconnections between them—an omission that has, at the policy level, contributed to institutional fragmentation and the erosion of rights-based approaches. The central concern of this article lies in examining the nature of this interrelationship within the framework of international human rights law and assessing its practical implications for the effective fulfillment of States’ obligations. Employing a descriptive–analytical methodology and drawing upon binding international instruments, General Comments of the Committee on Economic, Social and Cultural Rights, and standards developed by the International Labour Organization, the article demonstrates that the right to health and the right to social security are grounded in shared normative foundations, overlapping obligations, and mutually reinforcing functions, such that the realization of one is substantially constrained in the absence of the effective implementation of the other. The analysis further reveals that neglecting this interdependence—particularly in contexts marked by resource constraints, economic crises, and austerity measures—leads to the individualization of health-related risks and the weakening of public support mechanisms, thereby undermining the protective capacity of human rights. | ||
| Keywords | ||
| Health; Social security; human dignity; Rights-based approach; Human Rights | ||
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