Health as a Human Right

The WHO stated in their 1946 constitution that "the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being." Other documents and international treaties after the formulation of said constitution have led people to generally agree that health is a fundamental human right.

The Issue: There are international conventions and treaties that recognize this fundamental right, but there are astonishing gaps in access to many countries across the globe. Currently, there is no mechanism for holding countries and governments accountable for ensuring that they honor the right to health.

The problem is reviewing compliance with treaties from their respective conventions involves voluntary reporting. In addition, there is also no clear definition of the meaning of the right to health or indicators agreed among countries for measuring progress for that goal. However, several countries have incorporated human rights dealing with health into national legislation and updated constitutions (i.e. Brazil and Thailand). In addition, there are certain circumstances when said rights can be temporarily taken. For example, governments can suspend the right of people to travel.

The Questions: To what extent should countries honor this right? To what extent will they be able to accomplish this? Will they be willing to? What are the rights of individuals compared to society's rights to protect itself from illness? Should people deny the obligation of countries to set laws that protect public health?