HEALTH CARE AS HUMAN RIGHTS

THE HUMAN RIGHTS BASED APPROACH TO HEALTH CARE

Health is a fundamental human right indispensable for the exercise of other human rights. Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity.[1] - (International Covenant on Economic, Social and Cultural Rights, 2000)

The human right to health means that everyone has the right to the highest attainable standard of physical and mental health, which includes access to all medical services without any kind of discrimination. It means that hospitals, clinics, medicines, and doctors’ services must be accessible, available, acceptable, and of good and equal quality for everyone, on an equitable basis, where and when needed.

The design of a health care system must be guided by the following key human rights standards and principles:

• Universal Access: Access to health care must be universal, guaranteed for all on an equitable basis. Health care must be affordable and comprehensive for everyone, and physically accessible where and when needed.
• Availability: Adequate health care infrastructure (e.g. hospitals, community health facilities, trained health care professionals), goods (e.g. drugs, equipment), and services (e.g. primary care, mental health) must be available in all geographical areas and to all communities.
• Acceptability and Dignity: Health care institutions and providers must respect dignity, provide culturally appropriate care, be responsive to needs based on gender, age, culture, language, and different ways of life and abilities. They must respect medical ethics and protect confidentiality.
• Quality: All health care must be medically appropriate and of good quality, guided by quality standards and control mechanisms, and provided in a timely, safe, and patient-centred manner.

The human right to health also entails the following procedural principles, which apply to all human rights:

• Non-Discrimination: Health care must be accessible and provided without discrimination (in intent or effect) based on health status, race, ethnicity, age, sex, sexuality, disability, language, religion, national origin, income, or social status.
• Transparency: Health information must be easily accessible for everyone, enabling people to protect their health and claim quality health services. Institutions that organize, finance or deliver health care must operate in a transparent way.
• Participation: Individuals and communities must be able to take an active role in decisions that affect their health, including in the organization and implementation of health care services.
• Accountability: Private companies and public agencies must be held accountable for protecting the right to health care through enforceable standards, regulations, and independent compliance monitoring.

 The Human Right to Health is protected by international laws and Indian laws as in:

• Article 25.1 of the Universal Declaration of Human Rights affirms: ‘Everyone has the right to a standard of living adequate for the health of himself and of his family, including food, clothing, housing and medical care and necessary social services’.
• Article 12 of the International Covenant on Economic, Social and Cultural Rights that affirm: Health is a fundamental human right indispensable for the exercise of other human rights. Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity.
• Article 24 of the Convention on the Rights of the Child;
• Article 5 of the Convention on the Elimination of All Forms of Racial Discrimination;
• Articles 12 & 14 of the Convention on the Elimination of All Forms of Discrimination Against Women;
• Article 25 of the Convention on the Rights of Persons with Disabilities;
• Article 21 of the Indian Constitution that prescribe right to life and personal liberty -the Supreme Court has brought Article 21 to prescribes for the right to health, along with numerous other civil, political and economic rights, etc.
• Various articles under the Directive Principle of State Policy and Health: Article 38 imposes liability on State to secure a social order for the promotion of welfare of the people, Article 39(e) related with workers to protect their health, Article 41 imposed duty on State to public assistance basically for those who are sick and disable and Article 42 makes provision to protect the health of infant and mother by maternity benefit. Besides, Article 47 considers it the primary duty of the state to improve public health, securing of justice, human condition of works, extension of sickness, old age, disablement and maternity benefits and also contemplated.

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[1] General Comment No. 14 (2000) (1), Article 12 of the International Covenant on Economic, Social and Cultural Rights

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