Sources of the Right to Health: Where does our Right to Health come from? by Shubhi Jadoun, Lloyd Law College
In recent years, increasing attention has been paid to the right to the highest attainable standard of health, for instance by human rights treaty monitoring bodies, by WHO and by the Commission on Human Rights (now replaced by the Human Rights Council), which in 2002 created the mandate of Special Rapporteur on the right of everyone to the highest attainable standard of physical and mental health. These initiatives have helped clarify the nature of the right to health and how it can be achieved. India is one of the founding member countries of United Nations and signed it in 1945 and thus being inspired and influenced from its conventions; health has held importance since its inception in our constitution. However, health and related aspects were not given express position as a Fundamental Right but can be traced in DPSPs. Time and again judicial interpretations have been made with respect to health, its definition, and its inclusion in Article 21 as a fundamental right due to health being a part and parcel of life. However, it has still not gained the position of a separate Fundamental Right. In this article, we will analyse what the various sources of right to health are along with healthcare and its aspects in domestic sources as well as international sources.
The Right to Health w.r.t Prisoners and Refugees by Shubhi Jadoun, Lloyd Law College and Avni Kritika, Amity University
The Right to Wellbeing is viewed as an inborn essential common freedom, accessible to each individual, regardless of their managerial status. However, as far as the current status of medical services in India is concerned, it is pertinent to highlight the issues in the medical services arrangement and framework pertaining to prisoners and refugees in India. This article aims at emphasising on health related issues faced by prisoners and refugees and their Right to Health.
The Right to Health for Individuals Engaged in Industries with Hazardous Work Environments by Sahiba Vyas, National Law University, Odisha and Shubhi Jadoun, Lloyd Law College
The Occupational health of workers working in hazardous industries has been overlooked for ages in India. There are various Conventions having provisions for the removal of health vulnerabilities caused due to hazardous industries and work environments. Apart from International Conventions, there are some national laws which have provisions regarding the same as well. Through this blog, the authors will attempt to through some light upon how working in a hazardous industry is violating the Right to Life of such workers, as enshrined under the Indian Constitution. Further, the article also tries to highlight the various occupational safety laws, in lieu of Right to Life, that are available in India; how all these laws have been waived off and how the situation can now be solved.
The Right to Health and Access to Healthcare for Women by Sahiba Vyas, National Law University, Odisha and Shubhi Jadoun, Lloyd Law College
India is still fighting to establish gender equity. This discrimination had taken a toll on women with respect to their health in terms of access to quality healthcare and health education. The Pandemic has worsened this problem. Through this article, the authors attempt to analyse how the Right to Life enshrined under Indian Constitution has been overlooked in the case of women’s health in India and also discuss the vulnerabilities faced by Women when it comes to accessing healthcare as compared to men who have been dominating the Indian society for ages now.
Impact Of Climate Change On Right To Health by Shreepurna Dasgupta, Institute of Law, Nirma University, Ahmedabad
With the new IPCC report out, the situation of climate change is evidently alarming and it is believed that mitigating efforts might not even work to save the environment at this point. Through this blog, the author would like to highlight the impact that climate change shall have on the right to health as a human right.