Access to Quality Healthcare as a Human Right

Introduction

Healthcare is not just a service — it is a basic human right. Every person, regardless of their age, gender, income, location, or background, deserves access to quality medical care when they need it. This idea is supported by international organizations like the United Nations (UN) and the World Health Organization (WHO), which recognize the right to health as a basic part of human dignity.

But despite this recognition, millions of people around the world still face huge challenges in accessing good healthcare. The reasons can be high costs, lack of hospitals, or shortage of doctors, the reality is far from the ideal.

What Does “Right to Health” Mean?

The right to health does not mean the right to be healthy all the time. It means:

• Everyone should have access to healthcare services when they are sick.
• People should receive equal treatment no matter their financial status.
• Governments must ensure clean water, nutritious food, safe housing, and healthy environments, because these things also affect health.

International Support for Health as a Right

The idea of health as a right is supported globally:

• Article 25 of the Universal Declaration of Human Rights (1948) says everyone has the right to a standard of living that includes medical care. It recognizes access to medical care as a human right.
• The International Covenant on Economic, Social and Cultural Rights (1966) clearly recognizes the right of everyone to enjoy the highest attainable standard of physical and mental health.
• The WHO, 1946 Constitution declares that health is a fundamental right of every human being. Declares health as a basic human right.

These documents are not just words on paper — they create moral and legal duties for governments to work toward universal health coverage.

Why is Access to Quality Healthcare Important?

1. Saves Lives: Early diagnosis and treatment prevent many deaths.
2. Improves Productivity: Healthy people can work, study, and support their families.
3. Reduces Poverty: Medical bills push many families into debt; affordable healthcare helps avoid this.
4. Promotes Equality: Everyone, rich or poor, urban or rural, should be treated with dignity and care.

Barriers to Accessing Healthcare

Unfortunately, in many parts of the world, especially in developing countries, access to quality healthcare is still a luxury. Some common barriers include:

1. High Costs

Medical treatment, surgeries, and medicines are expensive. In many countries, people pay out of their own pocket, which makes healthcare unaffordable for the poor.

2. Lack of Infrastructure

Rural or remote areas often lack hospitals, clinics, or even basic health centers. People may have to travel long distances to get treated.

3. Shortage of Healthcare Workers

Many regions do not have enough doctors, nurses, and medical staff. This leads to overcrowded hospitals and poor quality of care.

4. Discrimination

Sometimes, people are denied proper care due to their caste, religion, gender, age, or disability. This goes against the idea of equality in healthcare.

5. Lack of Awareness

Many people do not know their health rights, or what services they are entitled to. This leads to underutilization of available healthcare.

Healthcare in India: A Mixed Reality

National Health Policies & Schemes in India (Non-Constitutional but Statutory and Executive Initiatives)

India has made progress in healthcare over the years. Though not legal articles, the following policies enforce access to healthcare:

1. National Health Policy (NHP) 2017 – Aims to achieve universal health coverage.
2. Ayushman Bharat (PM-JAY) (Statutory & Executive Framework) – World’s largest government public health insurance scheme. Provides free health coverage up to ₹5 lakh per family per year to over 50 crore poor and vulnerable citizens.

Though not a law, it is implemented under existing frameworks like:

• Insurance Laws
• National Health Authority’s regulations

3. The Clinical Establishments (Registration and Regulation) Act, 2010 – Ensures minimum standards for hospitals and clinics. This central law mandates that all clinical establishments (like hospitals, clinics, labs) be registered and meet minimum standards of facilities and services.

• Ensures quality of healthcare infrastructure.
• Covers both private and public healthcare providers.
• Empowers authorities to inspect, regulate, and penalize non-compliant clinics.

4. Drugs and Cosmetics Act, 1940 – Regulates quality of medicines and drugs
5. Janani Suraksha Yojana
6. Mission Indradhanush -have helped millions of poor people get access to free or low-cost health services.

However, challenges still remain:

• Public hospitals are often overloaded.
• There is a huge urban-rural gap in medical services.
• Out-of-pocket expenditure remains high.
• Mental health care is still neglected.

So while the right to healthcare exists in principle, its implementation is still uneven.

Steps to Ensure Healthcare for All

To make access to healthcare a reality for all, governments, organizations, and citizens must work together. Some steps include:

1. Increase Public Health Spending

Governments should invest more in health infrastructure, staff training, and affordable medicine.

2. Strengthen Primary Healthcare

Basic health centers in villages and small towns should be equipped to handle most common illnesses. This reduces the pressure on large hospitals.

3. Promote Health Insurance

Schemes like Ayushman Bharat should be expanded so that nobody is denied treatment due to lack of money.

4. Raise Awareness

People must be informed about their health rights, government schemes, and preventive care through campaigns and education.

5. Use of Technology

Telemedicine, mobile health apps, and digital health records can help reach more people, especially in remote areas.

Role of the Private Sector

While public health is the government’s responsibility, private hospitals and companies also play a big role. They can:

• Offer affordable services
• Partner with the government in public-private models
• Invest in rural healthcare
• Run CSR health initiatives

However, regulation is needed to ensure fair pricing and quality care in private hospitals.

Some laws and regulations in India to safeguard the health care in India:

Indian Constitutional and Legal Provisions

Constitution of India(Part III & IV)

Although the Indian Constitution does not specifically mention “right to healthcare” in the Fundamental Rights, the Supreme Court has interpreted several articles to include right to health. Though there is no explicit mention of the “right to health” as a fundamental right, courts have interpreted it as part of Article 21 (Right to Life).

● Article 21 – Right to Life and Personal Liberty

“No person shall be deprived of his life or personal liberty except according to procedure established by law.”

This has been interpreted to include the right to health and medical care.
📌 Key Case: Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996) – Supreme Court ruled that the government is duty-bound to provide medical facilities.
Held that failure to provide timely medical treatment is a violation of Article 21.

● Directive Principles of State Policy (Part IV): (Not Enforceable in Court, but Guiding Principles)

• Article 38 – The State shall strive to promote the welfare of the people.
• Article 39(e) – Protect the health of workers.
• Article 41 – Right to provide public assistance in cases of sickness and disability.
• Article 42 – Provision for just and humane conditions of work and maternity relief.
• Article 47 – Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

✅ Interpreted by the Supreme Court to include the right to live with dignity, which covers:

• Access to medical care
• Clean environment
• Mental and physical health

Key Indian Case Laws on Right to Healthcare

• CESC Ltd. v. Subhash Chandra Bose (1992)
  Right to health and medical care is a Fundamental Right under Article 21.
• State of Punjab v. Mohinder Singh Chawla (1997)
  Reaffirmed that the right to health is integral to Article 21.
• Consumer Education & Research Centre v. Union of India (1995)
  Held that medical care is a human right and an essential part of the right to life.

Conclusion

Access to quality healthcare is a human right, not a privilege. Every person should be able to live a healthy life with dignity and without fear of medical costs. Governments must treat health as a priority and ensure that no one is left behind due to poverty, location, or social status.

Creating a strong, fair, and affordable healthcare system is not just about treating diseases — it’s about building a more equal and just society. Because when we care for the health of our people, we care for the future of our nation.

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