Vol. 9, Issue 12, Part B (2023)

The research paper explores the fundamental concept of the right to health as an integral component of human rights, drawing on international declarations and treaties. Beginning with a quote from Benjamin Disraeli, the paper emphasizes the importance of a healthy population for the well-being and potential of a state. The introduction establishes that public health is a crucial responsibility of the state, intertwined with the controversial and complex human right to health. The paper delves into international documents such as the Universal Declaration of Human Rights and the International Covenant on Economic, Social, and Cultural Rights to trace the recognition of the right to health as a fundamental human right. The concept of the right to health is then dissected, incorporating both individual rights to obtain a certain standard of health and the state's obligation to ensure public health. The World Health Organization's definition of health as complete physical, mental, and social well-being is explored, encompassing various elements such as safe drinking water, adequate nutrition, and gender equality. The paper discusses the freedoms and entitlements embedded in the right to health, including freedom from non-consensual medical treatment and entitlements like access to healthcare facilities and essential medicines. It also touches on the importance of non-discrimination and emphasizes the need for health services, goods, and facilities to be provided without discrimination. Further, the paper introduces the conceptual framework of the right to health, emphasizing the interconnectedness with other human rights. It traces the historical evolution of the perception of health, from a focus on disease absence to a comprehensive approach that includes physical, mental, and social well-being. The legal dimensions of the right to health are explored, highlighting its inclusion in the Indian Constitution under Article 21 and the associated elements of progressive realization and non-retrogression. The research also addresses challenges in public health spending and the need for a shift in societal discourse. Specific sectors, such as prisoners, disabled persons, victims of violence, and mental health, are examined concerning the right to health. The paper also outlines the essentials of the right to health, including availability, accessibility, quality, acceptability, and affordability of healthcare services. The international human rights perspective is reinforced by examining relevant articles in the International Covenant on Economic, Social, and Cultural Rights. The research concludes by affirming the right to health as a human right enshrined in international human rights law and emphasizes the importance of an inclusive and quality healthcare system for all.

“The Heath of people is the foundation upon which all their happiness and all their powers as a state depend”

Benjamin Disraeli, British PM.