The right to health is a fundamental entitlement for all individuals, ensuring the highest possible standard of physical and mental well-being. This right is outlined in the 1966 International Covenant on Economic, Social and Cultural Rights. It encompasses access to preventive and curative healthcare services, the autonomy to make health-related decisions, and the entitlement to be treated with dignity and respect, free from discrimination.
The right to health encompasses more than just access to healthcare services; it involves both freedoms, like the right to make decisions about one's health, and entitlements, such as access to a comprehensive health system that ensures equal opportunities for individuals to achieve optimal health. This right extends to physical and mental well-being, covering areas like maternal and child health, informed consent, disease prevention, and access to essential medications and safe water sources.
Every person, irrespective of their background or location, is entitled to health, which is contingent upon adequate housing, sanitation, nutritious food, safe working environments, and access to legal recourse. The right to health is interconnected with a broader spectrum of rights. In the absence of prerequisites such as access to justice, a clean environment, freedom from violence, or education, the realization of the right to health remains unattainable. A rights-based approach to health precedes health policies and their implementation, prioritising the needs of the marginalised for achieving equity and a better quality of life. This principle has been adopted in the 2030 Agenda for Sustainable Development and Universal Health Coverage. In India, the right to health is protected under the Constitution of India in several ways. Right to Health is a part of Right to Life, and is a fundamental right guaranteed to all under the Constitution’s Article 21. Articles 38, 39, 42, 43, & 47 put the obligation on the state in order to ensure the effective realization of the right to health.
Improving access to health for marginalised communities warrants an understanding of their needs, barriers to access, and developing contextual solutions available in a timely manner, at minimal cost, and with dignity. MAAdol drive, a multi-stakeholder intervention funded by USAID and implemented by PATH and Piramal Foundation to strengthen the Wage Compensation Scheme (WCS) by the government of Assam, is one such example. It was launched in 2018 to extend support to pregnant women from tea tribes, a group of marginalised tribal communities from the tea garden areas of Assam.
Health is a valuable asset. While it is easy to spend it recklessly, preserving it requires much more effort. It is the unspoken responsibility of both society and the government to promote and assist individuals in maintaining their health. However, in a society marked by inequality, disparities in health outcomes are unfortunately not surprising. The COVID-19 pandemic has only highlighted this reality further. The right to health is not universally recognized, particularly in politically unstable regions. It is unrealistic to assume that everyone across the globe has access to adequate healthcare or even basic necessities. The all-encompassing nature of this right has turned it into somewhat of a myth. While there has been some progress in terms of international and legal support for the right to health, there is still much work to be done in order to ensure its widespread implementation.