Right to Health as a Fundamental Right

  • Abinaya S
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  • Abinaya S

    LLM Student at Christ (Deemed to be University), India.

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Abstract

Everyone has a right to good health. It pertains to both the Right of people to a certain quality of health and health care and the duty of the State to provide a certain level of public health in the community as a whole. The Right to health is intricately related to a plethora of other human rights, such as the Right to food, water, housing, work, education, and life, as well as non-discrimination, privacy, access to information, and the prohibition on torture. A major transformation in our approach to healthcare is required. Instead of seeing it as spending, we should regard it as a high-yield investment that may significantly reduce future out-of-pocket costs while increasing productivity. The proof is in front of us today, and we are experiencing its terrible economic consequences as we race to deal with a massive health crisis and a collapsing healthcare system. If the present healthcare model does not change, our children may end up in the same predicament. This is the time for a constitutional amendment to make health a fundamental right. India is facing a defining moment in its history, and our children will pay the price for our choices today. Before the constitutional amendment that defined it as a basic right in its own Right, the Right to education had long been seen as inherent to the Right to life. The primary school enrolment rate now exceeds 95%, a level thought to be unattainable 15 years ago. If health is recognized as a fundamental right, the whole health ecosystem will be strengthened, physicians and healthcare workers will be empowered, and openness, inclusiveness, and accountability will be ensured. It will also pave the path for particular laws, capable institutions, more significant budgets, medical training and research, wellness and prevention, and service outreach, generating tremendous confidence and optimism among residents.

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International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 361 - 368

DOI: https://doij.org/10.10000/IJLMH.112476

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