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Human Right To Health: An International And Indian Overview




Dr. Apeksha Chaudhary & Mrs. Sudeshna, Assistant Professor, Institute of Legal Studies, Ch. Charan Singh University, Meerut (UP)

ABSTRACT

Human right to health is the foundation of all the human activities. Human right to health means all the health care services accessible by all the individuals without any kind of the discrimination such as caste, colour, status, gender, nationality, language, region etc. Health and human rights must always go hand in hand. People have a right to healthcare, and to be treated with dignity and respect when they access it. World Health Organization makes it very clear that health is a state of complete physical, mental and social wellbeing and not merely the absence of disease. The Constitution of India does not expressly recognize Right to Health as a fundamental right under Part III of the Constitution (Fundamental Rights). However, through judicial interpretation, this has been read into the fundamental right to life & personal liberty (Article 21) and is now considered an inseparable part of the Right to Life. Supreme court also clearly stated that right to life should be protected by the State anyhow. Therefore, it is the duty of the State to care for the health of the public at large and the Central Government and various State governments have, rightfully and proactively, taken various measures to contain the entry and spread of the COVID-19 pandemic. Apart from this Government also revised the old National Health Policy. National Health policy, 2017 inform, clarify, strengthen and prioritize the role of the Government in shaping health systems in all its dimensions.

Keywords: Health, human rights, accessibility, discrimination, health system

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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