Human Rights and Health
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Top Contributors - Naomi O'Reilly, Jess Bell, Kim Jackson, Vidya Acharya, Kirenga Bamurange Liliane and Carin Hunter
Introduction[edit | edit source]
The Universal Declaration of Human Rights, adopted in 1948 following the Second World War, is generally agreed to be the foundation of international human rights law and represents the universal recognition that basic rights and fundamental freedoms are inherent to all human beings, inalienable and equally applicable to everyone, and that every one of us is born free and equal in dignity and rights regardless of our nationality, place of residence, gender, national or ethnic origin, colour, religion, language, sexual orientation or any other status.
Health and its value to human life has been recognised as a basic human right in Article 25 of the Universal Declaration of Human Rights, which states that
"Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control" Universal Declaration of Human Rights [2]
The Constitution of the World Health Organisation, which also came into effect in 1948 also recognises health as a basic human right and states that “the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition”[3].
With numerous nation states endorsing the right to health as part of their constitution, they are legally obliged to safeguard access to quality health in a "timely, acceptable and affordable" manner, whilst ensuring provision for the determinants of health.[4]
"Understanding health as a human right creates a legal obligation on states to ensure access to timely, acceptable, and affordable health care of appropriate quality as well as to providing for the underlying determinants of health, such as safe and potable water, sanitation, food, housing, health-related information and education, and gender equality." World Health Organisation
“The right to the highest attainable standard of health” implies a clear set of legal obligations on states to ensure appropriate conditions for the enjoyment of health for all people without discrimination. The right to health is one of a set of internationally agreed human rights standards, and is inseparable or ‘indivisible’ from these other rights. This means achieving the right to health is both central to, and dependent upon, the realisation of other human rights, to food, housing, work, education, information, and participation.
The right to health, as with all other human rights, includes both freedoms and entitlements:
- Freedoms
- Include the right to control one’s health and body (for example, sexual and reproductive rights) and to be free from interference (for example, free from torture and non-consensual medical treatment and experimentation).
- Entitlements
- Include the right to a system of health protection that gives everyone an equal opportunity to enjoy the highest attainable level of health.
Displaced persons are also entitled to all the rights and fundamental freedoms that are spelled out in international human rights instruments. The protection of displaced persons must therefore be seen in the broader context of the protection of human rights.
Violations of Human Rights in Health[edit | edit source]
Violations or lack of attention to human rights can have serious health consequences. Overt or implicit discrimination in the delivery of health services – both within the health workforce and between health workers and service users – acts as a powerful barrier to health services, and contributes to poor quality care.
Mental ill-health often leads to a denial of dignity and autonomy, including forced treatment or institutionalization, and disregard of individual legal capacity to make decisions. Paradoxically, mental health is still given inadequate attention in public health, in spite of the high levels of violence, poverty and social exclusion that contribute to worse mental and physical health outcomes for people with mental health disorders.
Violations of human rights not only contribute to and exacerbate poor health, but for many, including people with disabilities, indigenous populations, women living with HIV, sex workers, people who use drugs, transgender and intersex people, the health care setting presents a risk of heightened exposure to human rights abuses – including coercive or forced treatment and procedures.
Sub Heading 3[edit | edit source]
Resources[edit | edit source]
https://www.who.int/news-room/fact-sheets/detail/human-rights-and-health
https://ijrcenter.org/refugee-law/
References[edit | edit source]
- ↑ Physiopedia. An Introduction to Human Rights. Available from: https://youtu.be/M_HsXzPpYCg[last accessed 15/05/22]
- ↑ United Nations. Universal Declaration of Human Rights. Available from: https://www.un.org/en/universal-declaration-human-rights/ (accessed 22 June 2019).
- ↑ World Health Organization, BASIC DOCUMENTS [forty-eighth edition]. 2014. Available from: http://apps.who.int/gb/bd/PDF/bd48/basic-documents-48th-edition-en.pdf#page=7 [accessed 22 June 2019]
- ↑ World Health Organization. Human rights and health. Available from: https://www.who.int/news-room/fact-sheets/detail/human-rights-and-health [accessed 22 June 2019]
