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HEALTH LAW AND THEIR
CONSTITUTIONAL
PROVISIONS.
Name-SMIT SHAH
YEAR-5TH year ,9Th
semester.
Roll number-95
Subject-Health law
Sub-topic-constitutional
provision of health law
INTRODUCTION
-The right to health is the economic, social and cultural right to
a universal minimum standard of health to which all individuals
are entitled. The concept of a right to health has been
enumerated in international agreements which include
the Universal Declaration of Human Rights, International
Covenant on Economic, Social and Cultural Rights and
the Convention on the Rights of Persons with Disabilities. There
is debate on the interpretation and application of the right to
health due to considerations such as how health is defined,
what minimum entitlements are encompassed in a right to
health, and which institutions are responsible for ensuring a
right to health.
DEFINITIONS
Constitution of the World Health Organization[edit]
The preamble of the 1946 World Health Organization (WHO)
Constitution defines health broadly as "a state of complete
physical, mental and social well-being and not merely the
absence of disease or infirmity."[1] The Constitution defines the
right to health as "the enjoyment of the highest attainable
standard of health," and enumerates some principles of this
right as healthy child development; equitable dissemination of
medical knowledge and its benefits; and government-provided
social measures to ensure adequate health.
Frank P. Grad credits the WHO Constitution as the full area of
contemporary international public health," establishing the right
to health as a "fundamental, inalienable human right" that
governments cannot abridge, and are rather obligated to
protect and uphold.[2] The WHO Constitution, notably, marks
the first formal demarcation of a right to health in international
INTERNATIONAL CONVENTION ON THE
ELIMINATION OF ALL FORMS OF
RACIAL DISCRIMINATION[EDIT]
Health is briefly addressed in the United Nations' International
Convention on the Elimination of All Forms of Racial
Discrimination, which was adopted in 1965 and entered into
effect in 1969. The Convention calls upon States to "Prohibit
and to eliminate racial discrimination in all its forms and to
guarantee the right of everyone, without distinction as to race,
colour, or national or ethnic origin, to equality before the law,"
and references under this provision "The right to public health,
medical care, social security and social services."[6]
Universal Declaration of Human Rights[edit]
Article 25 of the United Nations' Universal Declaration of
Human Rights 1948 states that "Everyone has the right to a
standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and
medical care and necessary social services." The Universal
The Universal Declaration of Human Rights is noted as the first
international declaration of fundamental human rights, both
freedoms and entitlements alike. United Nations High Commissioner
for Human Rights Navanethem Pillay writes that the Universal
Declaration of Human Rights "enshrines a vision that requires taking
all human rights—civil, political, economic, social, or cultural—as an
indivisible and organic whole, inseparable and
interdependent."[4] Likewise, Gruskin et al. contend that the
interrelated nature of the rights expressed in the Universal
Declaration establishes a "responsibility [that] extends beyond the
provision of essential health services to tackling the determinants of
health such as, provision of adequate education, housing, food, and
favourable working conditions," further stating that these provisions
"are human rights themselves and are necessary for health."[5]
Just like international convention and laws many nation’s laws
and constitution also have given right to health as fundamental
right include INDIA,USA, UK,IRELAND etc. INDIA is one of them.
INDIAN CONSTITUTIONAL
PROSPECTIVE IN RIGHT TO
HEALTH.
The constitution of India does not directly or specifically grant the
right to health as Fundamental right. However the concept of right to
healthy life and good health do find a mention in several articles of
the constitution which may be summed up as under.
(1) article 21 of the Indian constitution guarantees that no person can
be deprived of his life or personal liberty except according to the
procedure establishment by law.
(2)Article 32 empower a person to move to apex court of India and
under article 226 state high court for enforcement of their
fundamental right, whenever they are violated.
Article 38 makes it a duty of state to promote the welfare of the
people a s effectively as it can.
Article 39 enjoins upon the state to ensure-
That the health and strength of workers and the tender age of the
children are not abuse.
That children are given opportunities and facilities to develop in a
healthy manner.
Article 41 require the state to provide public assistance in cases of
unemployment, old age, sickness, and disablement.
Under article 42 the state must make provision for securing just
and humane condition of work and for maternity relief.
Article 43 lays down inter alia that the state must endeavour to
secure decent standard of life to all workers.
Under article 45 of the sate must be endeavoured to provide early
childhood care and education to all children under the age of six
years.
Article 47 - as per this article impose primary duty on state to raise
the standard of the level of the nutrition and the standard of living of
its people.
-as per this article also enjoins the state to bring about the
prohibition of consumption (except for medical purpose)of
intoxicating drink and drugs which are injurious to health.
-Under the article 48-A the state must endeavour to protect and
improve the environment.
-Article 51-A: This article of constitution talk regarding Fundamental
duties of every citizen to protect and improve the environment.
WHETHER THE RIGHT TO HEALTH
IS FUNDAMENTAL RIGHT OR NOT?
Despite the facts that article 21 of the constitution deals clearly only with right to
life, supreme court has time and again taken the view the right to health is the facet
of article 21.According to supreme court right to life implies the right to live a
healthy life.
Giving the wide interpretation of article 21 the supreme court held that article cover the right
to live with dignity and necessities of life such as adequate nutrition and clothing.in simple
words this constitutional provision guarantee the right to the highest attainable standard of
physical and mental health.
When the P.I.I.L was filed for protection of Delhi from environmental pollution
causing by hazardous and noxious waste emanating from industries operating in the
city the supreme court has no hesitation in ordering 168 such industries to be shifted
elsewhere.
M.C Mehta vs. Union of India A.I.R 1987-In this famous case supreme court
regognise that environmental pollution causes several health hazards and thereby
violate the right to life.it therefore ordered the closure of several industries polluting
river Gangas.it also ordered by apex court to pay the compensation to victim of
industrial pollution.
Murli deora vs. Union of India –Recognising the health hazardous of smoking the
supreme court has held that non smokers have right to protected against the
dangers of passive smoking which is bound to affect their health. Therefore apex
Consumer education and research centre vs. union of India – in this landmark judgement
supreme court held that the health care and medical care is fundamental right under article
21 of the constitution .dealing with the right of workmen apex court held that right to life in
the said article include the protection of health and strength of workers.it observed that the
word life in article 21 does not connote only animal existence.it has more wider meaning
which includes the right to better standard of life and hygienic condition .according to the
court laid down guidelines in this case to be followed by all asbestos industries for the
protection of the health of their workers.
In the state of Punjab vs. Ram Lubhaya Bagga- in this case supreme court said right to health
is integral part of life. The government has constitutional duty to provide health facilities
and to maintain health services for its citizens.
In the citizens and inhabitants of municipal ward vs. Municipal corporation Gwalior –this
case the question arouse before court was whether the sate machinery is bound to assure
adequate condition necessary to health.in this case involving the maintenance of sanitation
and drainage facilities by municipal corporation it was held that state and its machinery are
bound to assure hygienic condition of living and therefore health.
EMERGENCY MEDICAL CARE
Condition which call for the emergency medical care are generally .
Accidents .
Road Accident.
Rail accident.
Collapse.
Natural calamities
(2) Delivery
(3) bites.
(4)Cardiac/coronary attack.
ACCIDENT
Rail accident-passenger trains are derailed by signal or by mechanical
failure or by human mistake injuries/killing many people. All of those
who are injured/killed need medical treatment.
Collapse.-A rail/road bridge collapse causing a bus or some of
compartment of train to fall and injure /kill many. The collapse of
the bridge may also kill/injured people walking over/ under the
bridge. All these people need medical care emergency.
Natural calamities.-Flood/typhoon/Earthquake etc. may destroy
many structure and kill the many people .in some of cases loss of
life is very heavy and so many people are injured . For example recent
floods in Kerala. So in this situation people need emergency medical
care.
Cardiac attack-person attack with heart trouble or strokes need
immediately medical care. Ambulance or not in the event of serious
attack such patient should be rushed to the nearest hospital or
nursing home for emergency medical care.
Bites- Every year hundreds of people die being bitten by poisonous
snakes. Snake-bitten patients should be transferred to the nearest
health centre or hospital for treatment.
Smit6 [autosaved]

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Smit6 [autosaved]

  • 1. HEALTH LAW AND THEIR CONSTITUTIONAL PROVISIONS. Name-SMIT SHAH YEAR-5TH year ,9Th semester. Roll number-95 Subject-Health law Sub-topic-constitutional provision of health law
  • 2. INTRODUCTION -The right to health is the economic, social and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international agreements which include the Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of Persons with Disabilities. There is debate on the interpretation and application of the right to health due to considerations such as how health is defined, what minimum entitlements are encompassed in a right to health, and which institutions are responsible for ensuring a right to health.
  • 3. DEFINITIONS Constitution of the World Health Organization[edit] The preamble of the 1946 World Health Organization (WHO) Constitution defines health broadly as "a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity."[1] The Constitution defines the right to health as "the enjoyment of the highest attainable standard of health," and enumerates some principles of this right as healthy child development; equitable dissemination of medical knowledge and its benefits; and government-provided social measures to ensure adequate health. Frank P. Grad credits the WHO Constitution as the full area of contemporary international public health," establishing the right to health as a "fundamental, inalienable human right" that governments cannot abridge, and are rather obligated to protect and uphold.[2] The WHO Constitution, notably, marks the first formal demarcation of a right to health in international
  • 4. INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION[EDIT] Health is briefly addressed in the United Nations' International Convention on the Elimination of All Forms of Racial Discrimination, which was adopted in 1965 and entered into effect in 1969. The Convention calls upon States to "Prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law," and references under this provision "The right to public health, medical care, social security and social services."[6] Universal Declaration of Human Rights[edit] Article 25 of the United Nations' Universal Declaration of Human Rights 1948 states that "Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services." The Universal
  • 5. The Universal Declaration of Human Rights is noted as the first international declaration of fundamental human rights, both freedoms and entitlements alike. United Nations High Commissioner for Human Rights Navanethem Pillay writes that the Universal Declaration of Human Rights "enshrines a vision that requires taking all human rights—civil, political, economic, social, or cultural—as an indivisible and organic whole, inseparable and interdependent."[4] Likewise, Gruskin et al. contend that the interrelated nature of the rights expressed in the Universal Declaration establishes a "responsibility [that] extends beyond the provision of essential health services to tackling the determinants of health such as, provision of adequate education, housing, food, and favourable working conditions," further stating that these provisions "are human rights themselves and are necessary for health."[5] Just like international convention and laws many nation’s laws and constitution also have given right to health as fundamental right include INDIA,USA, UK,IRELAND etc. INDIA is one of them.
  • 6. INDIAN CONSTITUTIONAL PROSPECTIVE IN RIGHT TO HEALTH. The constitution of India does not directly or specifically grant the right to health as Fundamental right. However the concept of right to healthy life and good health do find a mention in several articles of the constitution which may be summed up as under. (1) article 21 of the Indian constitution guarantees that no person can be deprived of his life or personal liberty except according to the procedure establishment by law. (2)Article 32 empower a person to move to apex court of India and under article 226 state high court for enforcement of their fundamental right, whenever they are violated. Article 38 makes it a duty of state to promote the welfare of the people a s effectively as it can.
  • 7. Article 39 enjoins upon the state to ensure- That the health and strength of workers and the tender age of the children are not abuse. That children are given opportunities and facilities to develop in a healthy manner. Article 41 require the state to provide public assistance in cases of unemployment, old age, sickness, and disablement. Under article 42 the state must make provision for securing just and humane condition of work and for maternity relief. Article 43 lays down inter alia that the state must endeavour to secure decent standard of life to all workers.
  • 8. Under article 45 of the sate must be endeavoured to provide early childhood care and education to all children under the age of six years. Article 47 - as per this article impose primary duty on state to raise the standard of the level of the nutrition and the standard of living of its people. -as per this article also enjoins the state to bring about the prohibition of consumption (except for medical purpose)of intoxicating drink and drugs which are injurious to health. -Under the article 48-A the state must endeavour to protect and improve the environment. -Article 51-A: This article of constitution talk regarding Fundamental duties of every citizen to protect and improve the environment.
  • 9. WHETHER THE RIGHT TO HEALTH IS FUNDAMENTAL RIGHT OR NOT? Despite the facts that article 21 of the constitution deals clearly only with right to life, supreme court has time and again taken the view the right to health is the facet of article 21.According to supreme court right to life implies the right to live a healthy life. Giving the wide interpretation of article 21 the supreme court held that article cover the right to live with dignity and necessities of life such as adequate nutrition and clothing.in simple words this constitutional provision guarantee the right to the highest attainable standard of physical and mental health. When the P.I.I.L was filed for protection of Delhi from environmental pollution causing by hazardous and noxious waste emanating from industries operating in the city the supreme court has no hesitation in ordering 168 such industries to be shifted elsewhere. M.C Mehta vs. Union of India A.I.R 1987-In this famous case supreme court regognise that environmental pollution causes several health hazards and thereby violate the right to life.it therefore ordered the closure of several industries polluting river Gangas.it also ordered by apex court to pay the compensation to victim of industrial pollution. Murli deora vs. Union of India –Recognising the health hazardous of smoking the supreme court has held that non smokers have right to protected against the dangers of passive smoking which is bound to affect their health. Therefore apex
  • 10. Consumer education and research centre vs. union of India – in this landmark judgement supreme court held that the health care and medical care is fundamental right under article 21 of the constitution .dealing with the right of workmen apex court held that right to life in the said article include the protection of health and strength of workers.it observed that the word life in article 21 does not connote only animal existence.it has more wider meaning which includes the right to better standard of life and hygienic condition .according to the court laid down guidelines in this case to be followed by all asbestos industries for the protection of the health of their workers. In the state of Punjab vs. Ram Lubhaya Bagga- in this case supreme court said right to health is integral part of life. The government has constitutional duty to provide health facilities and to maintain health services for its citizens. In the citizens and inhabitants of municipal ward vs. Municipal corporation Gwalior –this case the question arouse before court was whether the sate machinery is bound to assure adequate condition necessary to health.in this case involving the maintenance of sanitation and drainage facilities by municipal corporation it was held that state and its machinery are bound to assure hygienic condition of living and therefore health.
  • 11. EMERGENCY MEDICAL CARE Condition which call for the emergency medical care are generally . Accidents . Road Accident. Rail accident. Collapse. Natural calamities (2) Delivery (3) bites. (4)Cardiac/coronary attack.
  • 12. ACCIDENT Rail accident-passenger trains are derailed by signal or by mechanical failure or by human mistake injuries/killing many people. All of those who are injured/killed need medical treatment. Collapse.-A rail/road bridge collapse causing a bus or some of compartment of train to fall and injure /kill many. The collapse of the bridge may also kill/injured people walking over/ under the bridge. All these people need medical care emergency. Natural calamities.-Flood/typhoon/Earthquake etc. may destroy many structure and kill the many people .in some of cases loss of life is very heavy and so many people are injured . For example recent floods in Kerala. So in this situation people need emergency medical care.
  • 13. Cardiac attack-person attack with heart trouble or strokes need immediately medical care. Ambulance or not in the event of serious attack such patient should be rushed to the nearest hospital or nursing home for emergency medical care. Bites- Every year hundreds of people die being bitten by poisonous snakes. Snake-bitten patients should be transferred to the nearest health centre or hospital for treatment.