My health, my right: The need for action is now

 Dr. Supriya Sonowal 

(Pursing post graduation in

Community Medicine at GMCH)

According to the World Health Organization “health is a state of complete physical, mental and social well being and not merely the absence of disease or infirmity.”

Since its inception, the global framework on health has evolved from a mere management approach to diseases to a more dynamic and comprehensive health governance approach which recognizes ‘health’ as an essential human right. The World Health Day celebrated by the World Health Organisation (WHO) since its inception has been endeavouring to create awareness on a specific health theme each year to highlight a priority area of concern for nations to take cognizance of. Such an action reminds nations of the growing population health concerns which require a coordinated and collaborative approach. Over the past 76 years, the WHO has brought to notice varied issues concerning the health of women, children, specially-abled and elderly population for diverse group of stakeholders including the state, private sector, civil society and the community. The celebration is marked by activities which extend beyond the day itself and serves as an opportunity to focus worldwide attention on these important aspects of global health. In the spirit of world health day 2024, the theme ‘My Health, My Right’ as the right to health of millions is under threat. Disease conflicts and disasters loom as causes of death and disability. The WHO Council on the Economics of Health for All has found that about 140 countries recognize health as human right ,but more than half the world ’s population 4.5 billion people were not fully covered by essential health service in 2021 and only 4 countries have mentioned how to finance it. This year’s theme was chosen to recognise the right of everyone, everywhere to have access to quality health services, education, and information along with the provision of safe drinking water, clean air, good nutrition, quality housing, decent working, safe environmental conditions and freedom from discrimination. The right to the highest attainable standard of physical and mental health is enshrined in several international legal instruments, including the International Covenant on Economic, Social and Cultural Rights. It includes safe and quality care without discrimination, right to control one’s own health and body, privacy and confidentiality regarding own health, right to information about treatment and to informed consent, right to make decisions about own health. Although the constitution of India does not recognize the Right to Health as a fundamental right under Part III of the Constitution (Fundamental Right), various judicial interpretation has acknowledge the significant importance of human health as a significant component with the Right to life and personal liberty (Article 21). That is why experts and policymakers consider health as an inseparable part of the ‘Right to Life’. Article 23 of the Constitution of India which prohibits human trafficking and child labour also indirectly recognizes and acknowledges the importance of Right to Health. The Supreme Court has repeatedly observed that the expression ‘life’ in Article 21 means a life with human dignity and not mere survival or animal existence. (Francis Coralie Mullen versus The Administration, Union Territory of Delhi AIR 1981 746). Right to life has a very broad scope which includes right to livelihood, better standard of life, hygienic conditions in workplace and right to leisure. In the case of Paschim Baga Khet Manzoor Sanity vs. State of West Bengal (1996) 4 SCC 37, the scope of Article 21 was further widened, as the court held that it is the responsibility of the Government to provide adequate medical aid to every person and to strive for the welfare of the public at large. Fundamentally, the right to health cannot be alienated from the right to life. Without realization of health as a right, one cannot be expected to live a life of dignity and reach their highest human potential. Most importantly the goal to attain the highest possible level of health and well being for all at all ages, through a preventive and promotive care orientation in all developmental policies. The right to health is a multi-dimensional concept which paves the foundation for human well being. Attaining good health is influenced by several socio-economic and environmental factors. That is why the right to health entails within the right to the access to various facilities, services and conditions necessary for its realization. Nevertheless the scope for improvement and maintenance of systems require continuous financial vestment coupled with technical resources. Therefore, let us reiterate the commitment to “My Health, My Right” by augmenting capacities and strengthening systems in the pursuit of universal well being. By prioritizing access to comprehensive healthcare services, promoting health literacy, fostering inclusive healthcare environments, advocating for universal health coverage, and harnessing the power of technology, we create a future where every individual’s right to health is respected, protected and fulfilled.