Human Right To Health: A Critique

Anu Radha Kumari, Chanakya National Law University Patna

INTRODUCTION

Various international protocols have recognised varied degrees of health as a human right. The WHO constitution, which defined health as a "state of complete physical, mental, and social well-being," first championed it as a fundamental human right in 1946.1 The Universal Declaration of Human Rights, which was published in 1948, then defined the "right to a standard of living adequate for his and his family's health and well-being."2 In addition, the 171 signatories to the 1976 International Covenant on Economic, Social, and Cultural Rights ('ICESCR') affirm that "everyone has a right to the enjoyment of the highest attainable standard of physical and mental health."3

Additionally, international commitments relating to women's right to health have been particularly reaffirmed by documents like the Beijing Declaration of 1995 and the Convention on the Elimination of All Forms of Discrimination Against Women.4 Nevertheless, gender is still a significant factor in health globally.

I examine the human right to health as it is stated and upheld by international agreements in this article. I contend that the framework governing the right to health remains gender-blind because of the widely acknowledged hierarchy between first and second generation human rights, even if gender-specific requirements exist in several instruments.