Chapter - 5
Annual Report 2012-2013
RIGHT TO HEALTH
5.1
Health is one of the most basic and essential asset of a human being. It is indeed a
fundamental human right that enables one to live a life with dignity. Internationally, it
was first articulated in the 1946 Constitution of the World Health Organization (WHO),
whose preamble defines health as "a state of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity". The preamble further 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."
5.2
The 1948 Universal Declaration of Human Rights also mentions health as part of
the right to an adequate standard of living (Article 25.1). Article 21 of the Constitution of
India has also been interpreted to uphold 'right to health' as part of Fundamental Right to
Life. The right to health is yet again recognized as a human right in the 1966 International
Covenant on Economic, Social and Cultural Rights (ICESCR).
5.3
The right to health has also been proclaimed in the 1979 Convention on the
Elimination of All Forms of Discrimination Against Women, 1989 Convention on the Rights
of the Child, 1993 Vienna Declaration and Programme of Action, 1994 Programme of Action
of the International Conference on Population and Development held at Cairo and other
international instruments like the 1995 Declaration and Programme of Action of the Fourth
World Conference on Women held in Beijing and 2006 Convention on the Rights of Persons
with Disabilities. Goal Nos. 4, 5 & 6 of the Millennium Development Goals, 2000 are also
related to health issues, i.e., reducing child mortality, improving maternal health and
combating HIV/AIDS, malaria and other diseases.
5.4
In recent years, increasing attention is being paid to right to the highest attainable
standard of health, by human rights treaty monitoring bodies, WHO and the Human Rights
Council. In 2002, the then Commission on Human Rights 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.
5.5
The National Human Rights Commission (NHRC) represents India's commitment
to human rights. Ever since it came into existence, it is closely monitoring the issue of right
to health and its various dimensions like maternal anemia, HIV/AIDS, access to health
care including emergency medical care, nutritional deficiencies, tobacco control, leprosy,
NHRC
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