Introduction to Health Rights in India

1. Health Rights an IntroHealth Rights an Intro
Abraham Dennyson
Emmanuel Hospital Association
Nov 2011

3. Q.Q. मानवािधकारमानवािधकार ??
A. Human rights are certain rights that are vested in
every person by virtue of his/her being a human
being.

4. Q. Do all people haveQ. Do all people have
human rights?human rights?
Yes. The only condition to be fulfilled is that one must be
a human being.

5. Q. Thus, human rights are theQ. Thus, human rights are the
rights of people. But do allrights of people. But do all
people have thepeople have the samesame rights?rights?
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.

6. Q. Who gives us human rights?Q. Who gives us human 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

7. Health RightsHealth 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 doesn’t 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

11. Key aspects of the right toKey aspects of the right to
healthhealth
1. Health care services- goods and
facilities must be available,
◦ accessible,
◦ acceptable and
◦ of good quality.
1. Underlying determinants of health
◦ Safe drinking water and adequate sanitation;
◦ Safe food;
◦ Adequate nutrition and housing;
◦ Healthy working and environmental
conditions;
◦ Health-related education and information;
◦ Gender equality.

12. The right to health containsThe right to health contains
freedoms.freedoms.
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.

13. The right to health containsThe right to health contains
entitlements.entitlements.
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

14. without any discrimination.without any discrimination.
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

15. Declaration of Alma-Ata, 1978Declaration of Alma-Ata, 1978
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.

17. Constitution of India (1950):Constitution of India (1950):
Part IV, art. 47,Part IV, art. 47,
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…”

18. Article 42Article 42
“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”

19. essential part of Article 21.essential part of Article 21.
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.”