Right to Health - India

8/12/2019 Right to Health - India

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Health Rights an IntroAbraham Dennyson

Emmanuel Hospital AssociationNov 2011


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Q. ?A. Human rights are certain rights that are vested in

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


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Q. Do all people have

human rights?Yes. The only condition to be fulfilled is that one must be

a human being.


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Q. Thus, human rights are therights of people. But do allpeople have thesame rights?

Human rights is not a static or fixed

concept, it is constantly evolving orchanging. It is like a seed, which, onceplanted, grows slowly and steadily,

putting out roots, shoots, branches,leaves and fruits.


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Q. Who gives us human rights?

No one gives us human rights, but otherpeople can take away our rights by

violating them or by not implementingthem.

Governmental obligations with regard to

human rights broadly fall under theprinciples of respect, protect and fulfill


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Health Rights

The right not to suffer bad health and tohave assistance when suffering bad health

is however a very important prerequisitefor the full enjoyment of all other rights.

And it doesnt seem fair to have peopleprivately ensure themselves against

health misfortune because poor people,the ones most likely to suffer disease, donot have the means


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Key aspects of the right tohealth

1. Health care services-goods andfacilities 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 environmentalconditions;

Health-related education and information; Gender equality.


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The right to health containsfreedoms.

These freedoms include the right to befree from non-consensual medical

treatment, such as medical experimentsand research or forced sterilization, and tobe free from torture and other cruel,inhuman or degrading treatment orpunishment.


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The right to health containsentitlements.

The right to a system of health protectionproviding equality of opportunity for

everyone to enjoy the highest attainablelevel of health;

The right to prevention, treatment andcontrol of diseases;

Access to essential medicines


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without any discrimination.

Non-discrimination is a key principle inhuman rights and is crucial to the

enjoyment of the right to the highestattainable standard of health


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Declaration of Alma-Ata, 1978

The Declaration affirms the crucial role ofprimary health care, which addresses themain health problems in the community,providing promotive, preventive, curative andrehabilitative services accordingly (art. VII).It stresses that access to primary health careis the key to attaining a level of health thatwill permit all individuals to lead a sociallyand economically productive life (art. V) andto contributing to the realization of thehighest attainable standard of health.


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

articulates a duty of the State to raise thelevel of nutrition and the standard of

living and to improve public health: TheState shall regard the raising of the levelof nutrition and the standard of living ofits people and the improvement of publichealth as among its primary duties


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Article 42

Provision for just and humaneconditions of work and maternity

relief- The State shall make provision forsecuring just and humane conditions ofwork and for maternity relief


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essential part of Article 21.

The Fundamental Right to Life, as statedin 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 settledlaw that right to health is integral to

right to life. Government has aconstitutional obligation to providehealth facilities.
http://www.cehat.org/rthc/paper3.htmhttp://www.cehat.org/rthc/paper3.htm

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Right to Health - India