Health and Human Rights

On this page

Foundations - Health's Human Side

  • Health: A fundamental human right (WHO); not merely absence of disease but complete physical, mental, social well-being.
  • Interlinked: Health & human rights are indivisible. Poor health can result from rights violations & vice-versa.
  • "Right to Health": Not a right to be healthy, but right to the highest attainable standard of physical and mental health.
    • Key elements (AAAQ Framework):
      • Availability: Sufficient health facilities, goods, services.
      • Accessibility: Non-discriminatory, physically & economically accessible, information access.
      • Acceptability: Culturally appropriate, medically ethical.
      • Quality: Scientifically sound, effective, safe.
  • Core Principles: Non-discrimination, equality. Special attention to vulnerable populations (e.g., women, children, minorities, impoverished).

⭐ Universal Declaration of Human Rights (UDHR) Article 25.1 affirms the right to a standard of living adequate for health and well-being, including medical care and necessary social services.

Global Frameworks - World's Health Rules

  • WHO Constitution (1946): Health as a fundamental human right; "highest attainable standard of health".
  • UDHR (1948): Art. 25 - right to adequate standard of living for health.
  • ICESCR (1966): Art. 12 - right to "highest attainable standard of physical & mental health".
    • Obligations: Respect, Protect, Fulfil.
  • CEDAW (1979): Art. 12 - women's equal access to healthcare.
  • CRC (1989): Art. 24 - child's right to health.
  • International Health Regulations (IHR, 2005):
    • Legally binding WHO instrument for global health security.
    • Prevents & responds to international disease spread.

⭐ ICESCR Art. 12 is pivotal, legally obligating states to ensure the "highest attainable standard of health" for all individuals within their jurisdiction without discrimination.

Vulnerable Populations - Care For All Kind

  • Definition: Groups with ↑ risk of poor health due to limited resources, social marginalization, or specific health conditions.
  • Key Populations & Health Risks:
    • Women: Maternal health issues, gender-based violence.
    • Children: Malnutrition, infections, abuse. (U5MR critical)

      ⭐ Article 21 of the Indian Constitution (Right to Life) is interpreted to include the Right to Health, crucial for all vulnerable groups.

    • Elderly: Chronic diseases (NCDs), neglect, isolation.
    • Disabled (PwD): Access barriers, stigma, rehabilitation.
    • PLWHA: Discrimination, ART access, opportunistic infections.
    • Prisoners: TB, HIV, mental health, poor hygiene.
    • Refugees/Migrants: Trauma, infectious diseases, mental health.
  • Rights: Non-discrimination, equitable access to quality healthcare.

Indian Context - Bharat's Health Rights

  • Constitutional Pillars:
    • Art 21: Right to Life, judicially expanded to include Right to Health.
    • Art 47: State's duty: raise nutrition, standard of living, improve public health.
  • Key Legislations:
    • Medical Termination of Pregnancy (MTP) Act, 1971 (Amended 2021): Legal framework for abortion. Gestational limits up to 24 weeks for specific cases.
    • Pre-Conception & Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994: Combats sex-selective abortion.
    • Mental Healthcare Act, 2017: Safeguards rights of persons with mental illness.
  • Judicial Activism:
    • Landmark judgments via PILs affirm health as a fundamental right.

    Parmanand Katara vs. Union of India (1989) established the right of every injured citizen to receive medical aid.

  • Oversight Body:
    • National Human Rights Commission (NHRC): Addresses violations of health rights.

High‑Yield Points - ⚡ Biggest Takeaways

  • The Right to Health is a fundamental human right, ensuring access to quality healthcare.
  • Key Covenants: UDHR and ICESCR affirm health as a human right.
  • Alma-Ata Declaration (1978): Promoted Primary Health Care for Health for All.
  • Core Medical Ethics: Autonomy, beneficence, non-maleficence, and justice underpin health rights.
  • Vulnerable groups (e.g., women, children, prisoners) require specific protection of their health rights.
  • Indian Constitution: Article 21 (Right to Life) is interpreted to include the right to health.
  • Patient Rights: Informed consent and confidentiality are essential in medical practice to uphold human rights.
Rezzy AI Tutor

Have doubts about this lesson?

Ask Rezzy, our AI tutor, to explain anything you didn't understand

Practice Questions: Health and Human Rights

Test your understanding with these related questions

Which of the following is NOT a core component of the WHO's global STI control strategy?

1 of 5

Flashcards: Health and Human Rights

1/8

According to ACR-EULAR, high positive RF and anti-CCP is given a score of _____

TAP TO REVEAL ANSWER

According to ACR-EULAR, high positive RF and anti-CCP is given a score of _____

3

browseSpaceflip

Enjoying this lesson?

Get full access to all lessons, practice questions, and more.

Start For Free
Health and Human Rights | International and Global Health - OnCourse NEET-PG