Human
Rights are defined as the undeniable fundamental rights to which a person is
entitled simply because of being human. For this reason, Human Rights are
universal, applicable everywhere and to everyone. They are conceived in the
Universal Declaration of Human Rights, which every nation has signed in order
to make sure that local and international laws, as well as public policy, agree
with these principles.
As
dignified human beings, one of these fundamental rights is the right to an
appropriate standard of living and health. This right not only assures the
wellbeing of the people, in terms of guaranteeing conditions that can satisfy
the most basic needs, like food, clothing, housing, and social services; but it
also assures the wellbeing of the society in a macro-level, as these conditions
allow the individuals to carry on better lives that allow them to be more
productive in the society.
In
this sense, the right to health is considered a fundamental right entitled
under Article 25 of this declaration. It is a fundamental and universal right
because health is a critical determinant for the kind of life we can carry on,
and ultimately, the access to healthcare defines if we whether live or die.
This article has a second clause that entitles pregnant women and children, of
all social, economical and cultural backgrounds, require special care and
assistance because they are vulnerable individuals that require specialized
care and attention. Pregnant women have limited physical capacities and need to
care for themselves and the child in their womb, and children aren't just
capable of taking care of themselves, which is why they have the right to get
this special care that sets hem aside from men.
In
the Editorial that we read on maternal mortality and human rights we can see
how progress in reducing maternal mortality has been slow across the nations in
the last ten years, especially in developing and unstable countries were the
material and human resources are limited and the State lacks an appropriate
health infrastructure that can attend everyone equally, promptly and
effectively.
In
a case in Brazil, a woman died because her local health agency
mis-diagnosed the symptoms and failed to deliver adequate obstetric care; and
the case was brought up to the Committee on the Elimination of
Discrimination against Women, alleging that the State had failed in providing
this woman with appropriate care. As a result, the Committee
established that governments have a human rights obligation to guarantee
women of all racial and economic backgrounds timely and non-discriminatory
access to appropriate maternal health services. In the case of
countries outsourcing services to private health-care institutions, these
states remain directly responsible for these institutions, so that they
must regulate and monitor them in order to make sure that they are fairly
providing the services that all sectors of the society deserve as a right.
I agree with you that a healthy population is essential for a healthy society. A healthy society would lead to a prosperous economy and the well-being of the society as a whole.
ReplyDeleteWhen human rights are not upheld, such as access to food, water, sanitation, the health of the population whose rights are being violated suffers. This can lead to spread of disease, early mortality etc, which of course are important outcomes for public health. Poor living standards also affect access to food, medical care, sanitation and social services, which can again result in unfavorable public health outcomes, so it makes sense to include living standards in the consideration of human rights. The case of Alyne de Silva Pimentel v. Brazil established that States have an obligation to guarantee all women non-discriminatory access to maternal health services and that they must regulate private institutions that the government outsources this care to. I also think mothers are a special case because during pregnancy women are vulnerable in many ways, and they tend to be a marginalized section of society even when not pregnant, so need special protection.
ReplyDeleteArticle 25 actually states that there is a right to a standard of living adequate to health, which still gets to your point that health is essential for life.