The aim of this article is to explore the human right to health, focusing on health promotion and preventative health aimed at sustaining or attaining well-being. The Victorian Charter of Human Rights and Responsibilities 2006 (Parliament of Victoria 2006) is compared with international treaties, to which Australia is party, with reference to the right to health and health promotion. Through this comparison it is argued that health promotion and the prevention of chronic conditions are rights, and that systematic changes are needed across multiple sectors to ensure that these rights are met.