The Right to Health in Relation to Human Rights (original) (raw)

Abstract

Laws are an essential tool for improving public health capacity and thus for their public health outcomes. Effective responses to emerging threats and the attainment of public health goals require that the International world, States, their governments and partner organizations be legally prepared. Public health law focuses on the nexus between law, public health and the legal tools applicable to public health issues. The second part of the research paper attempts to analysis of the existing National and International guidelines, and Legislations in relation to health policy of India and access the need for a rights sensitive legislation. Third part of the research papers explores the judicial contribution in establishing right to health as basic human rights. Fourth part compares Indian health rights with some other countries. Finally the research paper suggests some recommendations that exists for a contemporary framework with proper implementation to address this issue

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What metrics assess the relationship between health and human rights?add

The study indicates that over 70% of India's population lacks adequate access to healthcare, exacerbated by economic deprivation among nearly 40% living below the poverty line. The relationship is framed within constitutional articles that bind the state to ensure health as a fundamental right.

How has India's Supreme Court shaped the right to health?add

In cases like Pt. Parmanand Katara v. Union of India, the Supreme Court recognized the right to health under Article 21, asserting that timely medical treatment is essential for the right to life. The court's rulings demonstrate that health access must be safeguarded as a fundamental right.

What are the international standards for the right to health?add

Article 12 of the International Covenant on Economic, Social and Cultural Rights of 1966 emphasizes universal access to the highest attainable standard of health. Additionally, the Alma-Ata Declaration in 1978 highlighted the role of accessible primary health care as vital for public health equity.

Which constitutional provisions in India address health rights?add

Articles 39, 43, and 47 of the Indian Constitution mandate state intervention to improve public health and nutrition. However, these provisions are part of the Directive Principles of State Policy, which are not enforceable in courts, leading to a gap in health rights realization.

What challenges exist in enforcing health care rights in India?add

Significant challenges arise from inadequate public health financing, outdated legislation, and lack of community involvement, hampering effective health service delivery. The report calls for urgent health reforms to address these gaps and ensure compliance with the right to health.

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