CHAPTER
7
7.1
The Constitution of India elucidates certain Directive Principles of State Policy that are
fundamental to the governance of the country. It is the duty of the State to ensure the
implementation of these Directive Principles for the overall development of its citizens. These are
essentially related to economic, social and cultural rights. They include, among others, the right to
work; right to education; raising the level of nutrition, and improvement of public health. The
International Covenant on Economic, Social and Cultural Rights (ICESCR) that was adopted by the
United Nations General Assembly on 16 December 1966 and entered into force on 3 January 1976 is
the main treaty on economic, social and cultural rights at the international level. It recognizes the
right to work and favourable conditions of work; form and join trade unions; social security
including social insurance; the widest possible protection and assistance for the family, mothers and
children; an adequate standard of living including adequate food, clothing and housing; the highest
attainable level of health and health care; and education. The Committee on Economic, Social and
Cultural Rights is responsible for monitoring compliance of rights recognized under the Convention
by the States Parties. India is a party to this Convention.
7.2
The focus of this chapter is on 'Right to Health', 'Right to Food', 'Right to Education' and
'Rights of Women and Children'.
A.
Right to Health
7.3
The 'right to health' is indispensable for the exercise of other human rights. Every human
being is entitled to the enjoyment of the highest attainable standard of health conducive to living a
life of dignity. The human right to health is recognized in numerous international instruments. For
instance, Article 25 of the Universal Declaration of Human Rights 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, and the right to security in
the event of unemployment, sickness, disability, widowhood, old age…….Motherhood and
childhood are entitled to special care and assistance…….”. ICESCR provides the most
comprehensive article on the right to health in international human rights law. Article 12.1 of the
Covenant affirms that the States Parties must recognize “the right of everyone to the enjoyment of
the highest attainable standard of physical and mental health”, while Article 12.2 enumerates, by
way of illustration, a number of “steps to be taken by the States Parties……..to achieve the full
realization of this right”.
National Human Rights Commission 91