Health Rights an IntroHealth Rights an IntroAbraham Dennyson

Emmanuel Hospital AssociationNov 2011

Q. Q. मा�नवा�धि�का�रमा�नवा�धि�का�र ??A. Human rights are certain rights that are vested in

every person by virtue of his/her being a humanbeing.

Q. Do all people have Q. Do all people have human rights?human rights?

Yes. The only condition to be fulfilled is that one must be a human being.

Q. Thus, human rights are the Q. Thus, human rights are the rights of people. But do all rights of people. But do all people have the people have the same same rights?rights?

Human rights is not a static or fixed concept, it is constantly evolving or changing. It is like a seed, which, once planted, grows slowly and steadily, putting out roots, shoots, branches, leaves and fruits.

Q. Who gives us human Q. Who gives us human rights?rights?

No one ‘gives’ us human rights, but other people can take away our rights by violating them or by not implementing them.

Governmental obligations with regard to human rights broadly fall under the principles of respect, protect and fulfill

Health RightsHealth Rights

The right not to suffer bad health and to have assistance when suffering bad health is however a very important prerequisite for the full enjoyment of all other rights.

And it doesn’t seem fair to have people privately ensure themselves against health misfortune because poor people, the ones most likely to suffer disease, do not have the means 

Key aspects of the right to Key aspects of the right to healthhealth

1. Health care services- goods and facilities must be available, ◦ accessible,◦ acceptable and ◦ of good quality.

2. Underlying determinants of health◦ Safe drinking water and adequate sanitation;◦ Safe food;◦ Adequate nutrition and housing;◦ Healthy working and environmental

conditions;◦ Health-related education and information;◦ Gender equality.

The right to health contains The right to health contains freedoms.freedoms.

These freedoms include the right to be free from non-consensual medical treatment, such as medical experiments and research or forced sterilization, and to be free from torture and other cruel, inhuman or degrading treatment or punishment.

The right to health contains The right to health contains entitlements.entitlements.

The right to a system of health protection providing equality of opportunity for everyone to enjoy the highest attainable level of health;

The right to prevention, treatment and control of diseases;

Access to essential medicines

without any discrimination.without any discrimination.

Non-discrimination is a key principle in human rights and is crucial to the enjoyment of the right to the highest attainable standard of health

Declaration of Alma-Ata, 1978Declaration of Alma-Ata, 1978

The Declaration affirms the crucial role of primary health care, which addresses the main health problems in the community, providing promotive, preventive, curative and rehabilitative services accordingly (art. VII). It stresses that access to primary health care is the key to attaining a level of health that will permit all individuals to lead a socially and economically productive life (art. V) and to contributing to the realization of the highest attainable standard of health.

Constitution of India (1950): Constitution of India (1950): Part IV, art. 47, Part IV, art. 47,

articulates a duty of the State to raise the level of nutrition and the standard of living and to improve public health: “The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties…”

Article 42Article 42

“Provision for just and humane conditions of work and maternity relief- The State shall make provision for securing just and humane conditions of work and for maternity relief”

essential part of Article 21.essential part of Article 21.

The Fundamental Right to Life, as stated in Article 21 of the Indian Constitution, guaranties to the individual her/his life

Further in, State of Punjab and Others v. Mohinder Singh[iv] “It is now a settled law that right to health is integral to right to life. Government has a constitutional obligation to provide health facilities.”