Healthcare

Our health and the well-being of our loved ones are of utmost importance to us as human beings, regardless of our age, gender, socio-economic status, or ethnicity. We consider our health to be our most fundamental and essential asset, and we are willing to make sacrifices to ensure a longer and healthier life for ourselves and our families. When we speak about well-being, health is often at the forefront of our minds.

The right to health is an integral part of our human rights and is crucial for a life lived with dignity. It encompasses the right to enjoy the highest attainable standard of physical and mental health. The World Health Organization (WHO) first articulated this right in its 1946 Constitution, where health is defined as a state of complete physical, mental, and social well-being, rather than simply the absence of disease or infirmity.

According to the WHO's preamble, the enjoyment of the highest attainable standard of health is a fundamental right of every human being, without discrimination based on race, religion, political belief, economic status, or social condition.

The 1948 Universal Declaration of Human Rights also acknowledges health as a component of the right to an adequate standard of living. Subsequently, the 1966 International Covenant on Economic, Social and Cultural Rights reaffirmed the right to health as a human right. Every state has ratified at least one international human rights treaty that recognizes the right to health, emphasizing its relevance to all nations.

In essence, the right to health encompasses the right to physical and mental well-being and is a fundamental part of our human rights framework. It emphasizes the importance of ensuring access to healthcare, promoting overall well-being, and eliminating discrimination in the pursuit of a healthy life for all individuals.

In a welfare state, the health and healthcare of its citizens hold significant importance. It assumes that the state has a responsibility to create conditions conducive to good health. The maintenance and improvement of public health are crucial prerequisites in a modern state. The right to health is essential for both the affluent and the impoverished. This right encompasses various factors such as housing, food, water, sanitation, and the environment.

Health serves as a vital indicator of human development, and human development is a fundamental component of economic and social progress. In India, the right to healthcare and protection has been acknowledged since early times. After gaining independence, India adopted the approach of considering the public as the rightful beneficiaries and the state as the primary provider of healthcare for all. As a founding member of the United Nations, India has ratified several international conventions that commit to securing the healthcare rights of individuals in society. Although the Indian Constitution does not explicitly recognize the fundamental right to health, the country has taken significant steps to ensure healthcare access and provision for its citizens.

The Indian Constitution contains specific provisions that address the well-being and health of individuals. Public health is listed and supported under Schedule VII of the Constitution. It is the responsibility of every individual to contribute to the promotion of better health. The state government has the authority to enact, adopt, and enforce public health regulations as deemed necessary.

Some important provisions related to health in the Indian Constitution include:

- Article 21 of the Constitution of India: The Supreme Court has interpreted this article as guaranteeing the right to life and personal liberty to every citizen. The Court has held that this right must be interpreted in harmony with international law and also includes the protection of life and health. The right to live with human dignity is derived from the constitutional principles of the state and encompasses the protection of health.

- Article 25(2) of the Universal Declaration of Human Rights: This article recognizes the right to a standard of living adequate for the health and well-being of individuals and their families, including food, clothing, housing, medical care, and necessary social services.

- Article 7(b) of the International Covenant on Economic, Social and Cultural Rights: This article emphasizes the right of everyone to enjoy the highest attainable standard of physical and mental health. It obliges states to take steps to ensure the prevention, treatment, and control of diseases, and the creation of conditions that would assure medical service and medical attention in the event of sickness.

In addition, Part IV of the Indian Constitution imposes obligations on the state to take measures for improving healthcare conditions for the people. Several articles within this part are related to health and well-being:

- Article 23 implicitly relates to health as it prohibits human trafficking, which is known to contribute to the spread of diseases such as AIDS, particularly through prostitution.

- Article 24 deals with child labor and ensures that no child below the age of 14 years shall be employed in factories, mines, or any hazardous occupations. This article emphasizes the importance of child health and protection.

- Article 38 imposes a duty on the state to secure a social order for the promotion of the welfare of the people. Universal healthcare plays a crucial role in achieving this objective.

- Article 39(e) is related to the protection of workers' health. It emphasizes the state's responsibility to safeguard the well-being of workers.

- Article 41 imposes a duty on the state to provide public assistance, especially for those who are sick and disabled.

- Article 42 highlights the fundamental responsibility of the state to protect the health of infants and mothers by providing maternity benefits.

- Article 47 underscores the obligation of the state to raise the level of nutrition and the standard of living of its people as a primary duty.

In summary, these constitutional provisions and international declarations highlight the significance of health and well-being as fundamental human rights. They emphasize the responsibility of the state to protect and promote the health of its citizens, and individuals are entitled to a life with dignity, which includes the right to health.

In an international context, the Right to Health is considered a fundamental human right by the World Health Organization (WHO). It implies that everyone should have access to healthcare services regardless of their financial situation. However, the Right to Health goes beyond just timely healthcare. According to WHO guidelines, it also encompasses access to safe water, adequate sanitation, healthy working conditions, a clean environment, and access to health-related information.

Respecting an individual's right to privacy and treating them with dignity and respect are also essential. Medical examinations should not be conducted without consent. These principles underpin the WHO's promotion of people-centered care as a manifestation of human rights. Discrimination in healthcare is viewed as unjust and a significant barrier to community development. Therefore, the Right to Health is acknowledged and relevant in every country worldwide. Each country has ratified at least one international treaty recognizing the right to health, and a dedicated committee monitors the implementation and practice of the Right to Health in each nation.

In China, the government has been providing healthcare services to the people since the Chinese communist revolution in 1949. However, during the 1990s, there was a significant wave of healthcare privatization, resulting in a decline in life expectancy. In response, the government implemented various policies and measures to ensure healthcare access. In 2008, a healthcare reform plan was announced, emphasizing the government's role in providing public health and basic medical services. Over the next decade, additional healthcare schemes were introduced, and by 2017, approximately 97% of the Chinese population was covered by three categories of public health insurance. These categories include Urban Employee Basic Medical Insurance, Urban Resident Basic Medical Insurance, and New Corporation Medical Services. Individuals covered under these schemes can claim insurance for all medical expenses, even minor ones. In 2020, amidst the pandemic, the Chinese government officially legalized basic medical and healthcare, declaring health as a priority and recognizing the Right to Health as a fundamental duty of the Chinese population.

In the United Kingdom, although the Right to Health is not explicitly recognized as a protected right, human rights are legally upheld. This includes obligations for all public authorities, including the National Health Service (NHS). The NHS provides public healthcare services to permanent residents of the country, offering free healthcare at the point of need, funded through general taxation. However, there have been some changes, such as the exclusion of prescribed medications and dentistry from general taxation. Despite the absence of a specific right to health, patients in the UK enjoy healthcare benefits under human rights law. For instance, it is the duty of hospitals to protect vulnerable and elderly patients from mistreatment, and priority should be given to patients at risk. Parental consent is considered essential when treating a child.

In France, the healthcare system is primarily funded by the government through National Health Insurance. While not all medical expenses are covered, France consistently ranks among the top countries in providing healthcare services to its population. The quality of healthcare in France is on par with other Western countries.

Japan, as a highly developed country, mandates health insurance coverage for all residents. Those without insurance through their employers can participate in the National Health Insurance program administered by local governments. This system allows patients to freely choose their doctors and facilities, with the government providing coverage.

In these countries, the right to healthcare is not fully realized. While they have health insurance systems in place, there is no comprehensive healthcare system. Despite advocating for human rights globally, these countries do not consider the right to health as a basic human right. Although they have adequate medical and healthcare facilities, these services are not government-funded.

Underdeveloped and developing countries such as Congo, Myanmar, and Nigeria face significant challenges in their healthcare services. These countries have a scarcity of doctors, and financial resources are often unevenly distributed, further exacerbated by natural calamities like famine and drought. Inequality in healthcare services exists, with limited accessibility for those with limited financial means. Consequently, people in these countries face lower life expectancy rates due to the lack of adequate healthcare.

Overall, while the legal recognition and implementation of the Right to Health may vary between countries, the principles of health as a fundamental right and the obligation to provide healthcare services are upheld in various ways across different nations.

Although the term "Right to Health" is not explicitly mentioned in the Indian Constitution, the Supreme Court of India has interpreted it as a fundamental right under the Right to Life, which is enshrined in Article 21. The Supreme Court has taken a significant stance by initially interpreting the Right to Health within the framework of the Directive Principles of State Policy, emphasizing the State's duty to prioritize the health of the population. Subsequently, in a broader interpretation of Article 21, the Supreme Court declared that the Right to Health is an integral part of the Right to Life, thus establishing it as one of the fundamental rights protected by the Indian Constitution.

The Supreme Court's interpretation has played a crucial role in imposing positive obligations on the State. The fundamental right to access healthcare of appropriate quality is a humanitarian principle that should be available to all citizens, regardless of their country of origin. The international community should recognize the obligation to promote these ideals through any available means. While social rights like healthcare require solidarity among citizens to be enjoyed, the universalization of social rights is necessary for greater equality among humanity in the future. Hire RR Legal's experienced advocates as we are the best medical lawyer in India for decades.