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Right To Health: A Constitutional Mandate In India




Nivedita Singh, Dr Shakuntala Mishra National Rehabilitation University, Lucknow

Indra Daman Tiwari, University of Lucknow

Introduction

The Universal Declaration of Human Rights states in Article 25(1) that “Everyone has the right to an adequate standard of living, including food, clothing, housing, 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.1” According to the World Health Organization, “Health is a condition of total physical, mental, and social prosperity and not merely the absence of disease,” is how the WHO defined health in the introduction to its constitution, which is largely agreed upon. Now, this declaration has been strengthened to include the ability to lead a socially productive life.

The economic, social, and cultural right to a basic level of health to which every person is entitled is known as the right to health. The Universal Declaration of Human Rights, the International Covenant on Economic, Social, and Cultural Rights, and the Convention on the Rights of Persons with Disabilities all include references to the concept of a right to health. Due to factors including how health is defined, what minimum rights are included in a right to health, and which institutions are in charge of upholding a right to health, there is still some international diversity in the interpretation and application of the right to health.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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