Is there a 'universal human right to health' - Assignment Example

Right to health refers to the economic, cultural and social right to the highest achievable standard of health. Right to health is under recognition of the Universal Declaration of Human Rights, Convention on Rights of people with disabilities, and the social and cultural rights.1 Universality of Human Rights Universality principle of human rights acts as the foundation for the law on international human rights. This principle was emphasized for the first time in 1948 in Universal Declaration on Human Rights, and it has been reiterated during various conventions, resolutions and declarations on human rights.

For instance, during the Vienna conference in 1993, there were highlights on the duty of the state in promoting and protecting all the fundamental freedoms and human rights regardless of the differences in cultural, economic and political systems.1 Every state has ratified multiple treaties on human rights reflecting the consent of the states that create the legal obligations as well as giving some concrete expression to the universality. Some norms of the fundamental human rights enjoy the universal protection by international customary law across all civilizations and boundaries.

Universality of human rights entails any right2 applicable to all people, and it is influenced by other characteristics of human rights. The rights tend to be categorical, egalitarian, individual, fundamental and indivisible. Human Right to Health Good health is considered as the most essential and basic asset of every human being. Right to health is a fundamental part of the human rights. Internationally, the constitution on World Health Organization has articulated the right to health. The Universal Declaration of Human Rights in 1948 mentioned that health is fundamental towards adequate living.

In 1966, the international Covenant on Social, Economic and Cultural Rights recognized right to health as a human right. Since then, various international treaties on human rights have recognized right to health. Right to health is fundamental in every state. States should be committed in protecting the right to health through domestic policies and legislation, and international declarations and conferences.2 There has been an emphasis on the highest attainable health standards through treaty monitoring bodies and human rights commission.

Normally, right to health is an exclusive right. It is associated with access to and building of health facilities. Right to health has freedom like freedom from non-consensual medical treatment. Also, right to health contains entitlements like provision of equal opportunity for every person to enjoy right to health, and the right to treatment, control and prevention of diseases.2 Human rights are interrelated, indivisible and interdependent. A violation of the right to health impairs enjoyment of the other rights.

Right to Health in International Law on Human Rights Right to the highest standard of health is a component of human right recognised in the international law on human right. International covenant on social, economic and cultural rights acts as a major instrument in protection of right to health by recognising the right to the enjoyment of mental and physical health. Right to health is recognized in various regional instruments such as African Charter on