"Right to Health"

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THE RIGHT TO HEALTH IS ONE OF THE RIGHTS RECOGNIZED IN INTERNATIONAL LAW. THE RIGHT WAS FIRST RECOGNIZED IN ARTICLE AS “THE UNIVERSAL DECLARATION OF HUMAN RIGHTS IN 1948.” THE WORLD HEALTH ORGANIZATION ALSO RECOGNIZED THIS RIGHT AS A FUNDAMENTAL RIGHT.

THE RIGHT TO HEALTH IS A COMPREHENSIVE NAME FOR THE SAKE OF HUMAN HEALTH-RELATED RIGHTS, AND ASIDE FROM THE RIGHT OF A PERSON FOR MEDICAL TREATMENT IT INCLUDES, AMONG OTHER THINGS, THE RIGHT TO SAFEGUARD THE PRIVACY OF A PATIENT, THE RIGHT TO PROTECT HIS WILL AUTONOMY, THE RIGHT TO LACK OF DISCRIMINATION IN ACCESS TO MEDICAL TREATMENT AND OTHER ASPECTS AFFECTING HUMAN HEALTH SUCH AS EXPLANATION AND ACCESS TO HEALTH INFORMATION, ACCESS TO FOOD AND WATER WORTHY OF ADEQUATE DRINKING UNDER APPROPRIATE SANITATION CONDITIONS, QUALITY THAT DOES NOT HARM HUMAN HEALTH.

BACKGROUND TO THE DEVELOPMENT OF THE RIGHT TO HEALTH
THE POINT OF DEPARTURE FOR THE GLOBAL DISCOURSE ON SOCIAL RIGHTS, ORIGINATED IN THE UNIVERSAL DECLARATION OF THE 1948 WORLD, WHICH DID NOT EXPRESSLY MENTION THE RIGHT TO HEALTH, BUT STATED THAT “EVERY PERSON IS ENTITLED TO A PROPER STANDARD OF LIFE FOR THE SAKE OF ENSURING THEIR HEALTH AND THEIR CHILDREN’S HEALTH—INCLUDING FOOD, CLOTHING, HOUSING, MEDICAL CARE.” A FEW YEARS LATER, THE CORNERSTONE WAS LAID IN RECOGNITION OF THE RIGHT TO HEALTH UNDER THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS. ARTICLE 12 OF THIS CONVENTION STIPULATED THAT STATES PARTIES TO THE CHARTER OF SALES IN “THE RIGHT TO ENJOY THE HIGHEST LEVEL OF PHYSICAL AND MENTAL HEALTH THAT CAN BE ACHIEVED.” MANY COUNTRIES HAVE RATIFIED THIS TREATY, AND IT IS A BROAD BASIS FOR RECOGNITION OF ITS RIGHT. MORE THAN HALF OF THE WORLD’S COUNTRIES PROTECT THE RIGHT TO HEALTH THROUGH CONSTITUTION OR LAWS.

THE RIGHT TO HEALTH
IT IS COMMON TO CLASSIFY HUMAN RIGHTS AS “NEGATIVE”, WHICH DEAL WITH THE AREAS UNDER WHICH THE GOVERNMENT IS NOT TO INTERFERE WITH OR PREVENT THEM, OR “SUBSTANTIAL,” REQUIRING ACTIVE INVOLVEMENT OF THE GOVERNMENT. MARVIN SUSLER, ONE OF THE MOST FAMOUS ACADEMICS ON THE ISSUE OF THE RIGHT TO HEALTH, CLAIMS THAT THE RIGHT TO HEALTH IS A SPECIAL RIGHT AND SHOULD BE EXPRESSED AS A “RIGHT OF POSITIVITY” AS A SOCIETY COMMITTED TO PROVIDING RESOURCES FOR THE ENTIRE POPULATION.

SUSYR SEES THE RIGHT TO HEALTH AS A RESULT OF FOUR MAIN INSTRUCTIONS:
EQUAL ACCESS TO HEALTH AND MEDICAL SERVICES.
A SOCIAL EFFORT OF “GOOD WILL” TO PROMOTE HEALTH EQUALITY AMONG EQUAL SOCIAL GROUPS.
AN EVALUATION MECHANISM TO MONITOR THE DISTRIBUTION OF SPECIFIC HEALTH AND NEEDS INCLUDING SERVICES THROUGHOUT THE COMPANY.
EQUAL SOCIO-POLITICAL SYSTEMS, WHICH GIVE ALL PARTIES A UNIQUE VOICE IN PROMOTING AND PROMOTING THE HEALTH SYSTEM.

SUSSSLER MAKES SURE THAT WHILE THE MINIMUM APPROACH ENABLES ACCESS TO HEALTH CARE, BUT IT DOES NOT REQUIRE OR GUARANTEES A FAIR HEALTH CONDITION FOR ANY PERSON DUE TO BIOLOGICAL DIFFERENCES IN HEALTH. THIS DISTINCTION IS IMPORTANT AND ACTUALLY ANSWERS SEVERAL REVIEWS OF THE “RIGHT TO HEALTH” THAT CLAIM THAT THE RIGHT DETERMINES AN IMPOSSIBLE STANDARD AND STRIVES FOR A PERFECT OPTIMAL HEALTH SITUATION, WHILE IN REALITY, MY HEALTH IS SUBJECTIVE AND VARIES BETWEEN MAN AND WOMAN AND SOCIETY.

ON THE OTHER HAND, PAUL HUNT CLAIMS THAT THE RIGHT TO HEALTH INCLUDES QUITE A FEW GENEALOGICAL RIGHTS SUCH AS THE RIGHT TO RECEIVE MEDICAL CARE WITHOUT VOLUNTARY CONSENT OR PROTECTION FROM DISCRIMINATION. HOWEVER, HUNT ADMITS THAT THERE ARE ALSO PRIVILEGES THAT ARE DISCRIMINATED AGAINST UNDER THE RIGHT AS THE COMPANY’S RESPONSIBILITY TO DEVOTE SPECIAL ATTENTION TO THE HEALTH NEEDS OF WEAKENED POPULATIONS AND HEALTH INJURIES, WHICH IS ALSO INCLUDED IN THE RIGHT TO HEALTH.

IN ISRAELI LITERATURE, THERE ARE THOSE WHO CLAIM THAT THE RIGHT TO HEALTH IS AS SUCH THAT IT IS CONCERNED WITH MANY RIGHTS IN INTERNATIONAL ART EXCEPT ARTICLE 25 OF THE DECLARATION OF HUMAN RIGHTS. THIS ARGUMENT RAISES A VIEW IN WHICH TO UNDERSTAND THE ISRAELI PATIENT’S RIGHTS ACT, A COMPARATIVE REVIEW OF THE PRINCIPLES THAT HAVE AN INTEREST IN THE SUBJECT. THIS INCLUDES ADDITIONAL RIGHTS SUCH AS: THE RIGHTS OF WOMEN, THE RIGHTS OF THE CHILD, THE RIGHTS OF THE PRISONER AND THE PROHIBITION OF DISCRIMINATION