Health Rights an Intro

Abraham Dennyson Emmanuel Hospital Association Nov 2011

A.

Human rights are certain rights that are vested in every person by virtue of his/her being a human being.

Q. ?

Q. Do all people have human rights?

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

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

Q. Who gives us human 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 doesnt 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

Health Rights

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2.

Health care services- goods and facilities must be available, Underlying determinants of health
accessible, acceptable and of good quality.

Safe drinking water and adequate sanitation; Safe food; Adequate nutrition and housing; Healthy working and environmental conditions; Health-related education and information; Gender equality.

Key aspects of the right to health

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 freedoms.

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

The right to health contains entitlements.

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

without any discrimination.

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.

Declaration of Alma-Ata, 1978

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

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

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

Article 42

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.

essential part of Article 21.