Health care as a right by Dr priyanka

1. WHAT ARE HUMAN RIGHTS?
 Human Rights are derived from the inherent
dignity and worth of the human person.
 Human Rights are the entitlements that accrue to
one because he or she is a human being.
Therefore, all human beings, without exception,
are entitled to human rights !

2. MEANING OF HEALTH AND HEALTH
CARE
 The widely acceptable definition of health is that
given by the WHO in the preamble of its
constitution, according to World Health
Organization, “Health is a state of complete
physical, mental and social wellbeing and not
merely the absence of disease”.

3. THE HUMAN RIGHT TO HEALTH
 Means that everyone has the right to the highest
attainable standard of physical and mental
health, which includes access to all medical
services, sanitation, adequate food, decent
housing, healthy working conditions, and a clean
environment.

4.  The human right to health guarantees a system of
health protection for all.
 Everyone has the right to the health care they need,
and to living conditions that enable us to be
healthy, such as adequate food, housing, and a
healthy environment.
 Health care must be provided as a public good for
all, financed publicly and equitably

5.  The human right to health care means that hospitals,
clinics, medicines, and doctors‟ services must be
accessible, available, acceptable, and of good quality
for everyone, on an equitable basis, where and when
needed. The design of a health care system must be
guided by the following key human rights standards:

6.  Universal Access: Access to health care must be
universal, guaranteed for all on an equitable basis.
 Availability: Adequate health care infrastructure
(e.g. hospitals, community health facilities, trained
health care professionals), goods (e.g. drugs,
equipment), and services (e.g. primary care, mental
health) must be available in all geographical areas
and to all communities.

7.  Acceptability and Dignity: Health care institutions
and providers must respect dignity, provide
culturally appropriate care, be responsive to needs
based on gender, age, culture, language, and
different ways of life and abilities.
 Quality: All health care must be medically
appropriate and of good quality, guided by quality
standards and control mechanisms, and provided in a
timely, safe, and patient-centered manner.

8.  Non-Discrimination: Health care must be accessible
and provided without discrimination.
 Transparency: Health information must be easily
accessible for everyone.
 Participation: Individuals and communities must be
able to take an active role in decisions that affect their
health.
 Accountability: Private companies and public
agencies must be held accountable for protecting the
right to health care

9. WHY WE NEED RIGHT TO
HEALTH?
 We need a separate right to health as a fundamental right to
Have a transparent and quality health care service in the
country
 Eradicate dubious health service
 Address health crisis, allevation of the standard of living
 List out problems associated with medical terrorism
 Transform India into a welfare state in real sense

10.  57.57% out of pocket expenditure on health in India.
 Over 63 million people are faced with poverty every year
due to overburdening health care cost
 No financial protection for the vast majority of health care
needs
 We need the citizen of the country to be protected under
national health insurance

11.  India has one of the highest disease burdens in the
world
 In 2012, India witnessed 253 deaths per 100,000
population due to communicable diseases alone which
is much higher than the global average of 178
 India faces a higher disease burden than many
emerging economics such as china, Brazil, Indonesia,
Mexico and Srilanka.

12.  More than 100 children under the age of 5 die every
hour in the country
 A global disease burden study revealed that in 2016,
0.9 million children under the age of 5 died in India.
 The less than 5 years mortality rate in India stands at
fifty per one thousand live births in 2015-16 which
has decreased from 74 in 2005-2006.

13.  This children mortality rate is more than the rate
of under developed countries like Nigeria,
Congo.
 The maternal mortality ratio per 100,000 life
birth is 167 in 2011-2013.
 Assam stands at the top with 300 mortality rates.
 One allopathic doctor for every 10,189 people
 One govt hospital bed for every 2046 people.

14.  One state run hospital for every 90343 people
 India has 1 million of allopathic doctors to treat its 1.3
billion populations
 India doesn’t have enough hospital, doctors, nurses and
health workers and since health is a state subject ,
disparities and inequalities in the quality of care and
access to health varies widely not just between states,
but also between urban and rural areas.

15.  One in 5 doctors in rural India are qualified to practice
medicine.
 31.4% of those calling themselves allopathic doctors
were educated only upto class 12th
 In india,s self styled doctors without formal training
provide upto 75% primary care visits

16.  58% of the doctors in urban areas had a medical
degree
 Only 19% of those in rural areas had such a
qualifications.
 462 medical college that teach 56748 doctors
 3,123 institution that prepared 1,25,764 nurses each
year
 India’s population increasing annually by 26 million.

17.  There is a shortage of 27.21% for clinical equipment
 5.2 million medical injuries are recorded in India.
 Around 98000 people lose their lives every year due
to negligence and error.
 WHO figures says India ranks at 171st out of 175
countries on public health spending.

18. PATIENTS RIGHTS
 The right to get to get the possible medical care
without discrimination
 Right to prompt life saving treatment
 Right to take part in all decision relating to a patients
health care
 Right to privacy
 Right to know the identity and role of people
 Right to dignity and to have caregivers respect

19.  Right to appropriates assessment and management of
the pain of the patients
 Right to receive visitors
 Right to refuse treatment and to leave the medical
centre
 Right to get necessary information related to the line
of treatment as well as all health records

20. PATIENTS RESPONSIBILITY
 The responsibility to
 Refrain from misconduct and misbehaving with
any medical service providers
 From physical assault of any healthcare personal or
damage property
 Be truthful
 Provide the complete and accurate medical history

21.  Cooperate with the agreed line of treatment
 Meet the financial obligations
 Refrain from initiating, participating or supporting
and illegal health care practices
 Report illegal or unethical behavior

22. HOW? STOP MEDICAL TERRORISM
 For a quality and transparent healthcare services in
India
 CCTV surveillance of the hospital premises
 ICU monitoring facility
 Availability of bed head ticket at the time of
discharge
 Recording the surgery
 Prompt action towards negligence issues

23.  Prevention of laboratory nexus
 Development of the skills of a paramedical staff
 Development of the record keeping mechanism on the
cases pertaining to medical error and negligence

24. WHAT IT IS?
 The WHO says ‘The highest attainable standards
of health as a fundamental right of every human
being’.
 The right to health is the economic social and
cultural right to a universal minimum standards
of heath to which all individual are entitled.

25. THE RIGHT TO HEALTH IN INTERNATIONAL
HUMAN RIGHTS LAW
 art. 12 1. The States Parties to the present Covenant
recognize the right of everyone to the enjoyment of
the highest attainable standard of physical and
mental health.
 2. The steps to be taken by the States Parties to the
present Covenant to achieve the full realization of
this right shall include those necessary for:

26.  (a) The provision for the reduction of the stillbirth rate
and of infant mortality and for the healthy
development of the child;
 b) The prevention, treatment and control of epidemic,
endemic, occupational and other diseases;
 c) The creation of conditions which would assure to all
medical service and medical attention in the event of
sickness.

27.  art. 47- articulates a duty of the State to raise the
level of nutrition and the standard of living and to
improve public health: “The State shall regard the
raising of the level of nutrition and the standard of
living of its people and the improvement of public
health as among its primary duties…”

28. HOW DOES THE RIGHT TO HEALTH
APPLY TO SPECIFIC GROUPS?
 Some groups or individuals, such as children, women, persons with
disabilities or persons living with HIV/AIDS, face specific hurdles
in relation to the right to health.
 These can result from biological or socio-economic factors,
discrimination and stigma, or, generally, a combination of these.
 Considering health as a human right requires specific attention to
different individuals and groups of individuals in society, in
particular those living in vulnerable situations.

29.  Similarly, States should adopt positive measures to
ensure that specific individuals and groups are not
discriminated against.
 For instance, they should disaggregate their health
laws and policies and tailor them to those most in need
of assistance rather than passively allowing seemingly
neutral laws and policies to benefit mainly the
majority groups.

30. WOMEN
 Convention on the Elimination of All Forms of
Discrimination against Women,
 art. 12 1. States Parties shall take all appropriate measures
to eliminate discrimination against women in the field of
health care in order to ensure, on a basis of equality of men
and women, access to health-care services, including those
related to family planning.

31.  2. States Parties shall ensure to women appropriate
services in connection with pregnancy, confinement
and the post-natal period, granting free services where
necessary, as well as adequate nutrition during
pregnancy and lactation.
 art. 10 (2) Special protection should be accorded to
mothers during a reasonable period before and after
childbirth. During such period working mothers
should be accorded paid leave or leave with adequate
social security benefits.

32.  Violence against women: a women’s rights and right-
to-health issue Violence against women is a
widespread cause of physical and psychological
harm or suffering among women, as well as a
violation of their right to health.

33.  The Committee on the Elimination of Discrimination
against Women requires States to, among other things,
enact and enforce laws and policies that protect women
and girls from violence and abuse and provide for
appropriate physical and mental health services.
 Health-care workers should also be trained to detect and
manage the health consequences of violence against
women, while female genital mutilation should be
prohibited.

34. CHILDREN AND ADOLESCENTS
 Children face particular health challenges related to
the stage of their physical and mental development,
which makes them especially vulnerable to
malnutrition and infectious diseases, and, when they
reach adolescence, to sexual, reproductive and
mental health problems.

35.  art. 24 1. States Parties recognize the right of the
child to the enjoyment of the highest attainable
standard of health and to facilities for the treatment of
illness and rehabilitation of health. States Parties shall
strive to ensure that no child is deprived of his or her
right of access to such health-care services.
 2. States Parties shall pursue full implementation of
this right and, in particular, shall take appropriate
measures:
 (a) To diminish infant and child mortality;

36.  (b) To ensure the provision of necessary medical
assistance and health care to all children with emphasis
on the development of primary health care;
 (c) To combat disease and malnutrition, including within
the framework of primary health care, through, inter
alia, the application of readily available technology and
through the provision of adequate nutritious foods and
clean drinking water, taking into consideration the
dangers and risks of environmental pollution

37.  To ensure appropriate prenatal and post-natal health care
for mothers;
 (e) To ensure that all segments of society, in particular
parents and children, are informed, have access to
education and are supported in the use of basic
knowledge of child health and nutrition, the advantages
of breastfeeding, hygiene and environmental sanitation
and the prevention of accidents;
 (f) To develop preventive health care, guidance for
parents and family planning education and services.

38. PERSONS WITH DISABILITIES
 Even though more than 650 million people
worldwide have a disability of one form or another
(two thirds of whom live in developing countries),
most have long been neglected and marginalized by
the State and society.

39.  (art. 1). The newly adopted Convention on the Rights
of Persons with Disabilities requires States to
promote, protect and ensure the full and equal
enjoyment of all human rights and fundamental
freedoms by persons with disabilities, including their
right to health, and to promote respect for their
inherent dignity

40.  Article 25 further recognizes the “right to the
enjoyment of the highest attainable standard of health
without discrimination” for persons with disabilities
and elaborates upon measures States should take to
ensure this right.
 (art. 23) recognizes the right of children with
disabilities to special care and to effective access to
health-care and rehabilitation services.

41. MIGRANTS
 Migration has become a major political, social and
economic phenomenon, with significant human rights
consequences.
 The International Organization for Migration estimates
that, today, there are nearly 200 million international
migrants worldwide.
 According to the International Labour Organization, 90
million of them are migrant workers.

42.  Although migration has implications for the right to
health in both home and host countries, the focus here
is on migrants in host countries.
 Their enjoyment of the right to health is often limited
merely because they are migrants, as well as owing to
other factors such as discrimination, language and
cultural barriers, or their legal status.

43.  Major difficulties faced by migrants—particularly
undocumented migrants—with respect to their
right to health
 Migrants are generally inadequately covered by State
health systems and are often unable to afford health
insurance.
 Migrant sex workers and undocumented migrants in
particular have little access to health and social
services;

44.  Migrants have difficulties accessing information on
health matters and available services.
 Often the information is not provided adequately by
the State;
 Undocumented migrants dare not access health care
for fear that health providers may denounce them to
immigration authorities;
 Migrant workers often work in unsafe and unhealthy
conditions;

45.  The International Convention on the Protection of
the Rights of All Migrant Workers and Members of
Their Families
 (art. 28) stipulates that all migrant workers and their
families have the right to emergency medical care
for the preservation of their life or the avoidance of
irreparable harm to their health.
 Such care should be provided regardless of any
irregularity in their stay or employment.

46.  (art. 25). The Convention further protects migrant
workers in the workplace and stipulates that they
shall enjoy treatment not less favorable than that
which applies to nationals of the State of
employment in respect of conditions of work,
including safety and health

47. PERSONS LIVING WITH HIV/AIDS
 More than 25 million people have died of AIDS in the
past 25 years, making it one of the most destructive
pandemics in recent times.
 There are now about 33 million people living with
HIV/AIDS. Since emerging as a major health
emergency, the epidemic has had a serious and, in
many places, devastating effect on human rights and
development.

48.  It is generally recognized that HIV/AIDS raises many human
rights issues.
 Conversely, protecting and promoting human rights are
essential for preventing the transmission of HIV and reducing
the impact of AIDS on people’s lives.

49.  Many human rights are relevant to HIV/AIDS, such
as the right to freedom from discrimination, the right
to life, equality before the law, the right to privacy
and the right to the highest attainable standard of
health.
 Article 14 of the constitution guarantee the right of
equality to every person which includes treatment of
HIV/AIDS patients.