University Journal of Society
ISSN: Applied, Year 2021, Vol. 01, No. 01
Article | PDF Version
Dr Bhupinder Singh
Associate Professor, The School of Law, Christ University, Mariam Nagar, Meerut Road, Delhi NCR, Ghaziabad, Uttar Pradesh 201003, India, Email: email@example.com firstname.lastname@example.org
Received: 20.11.2020, Accepted: 26.11.2020, Published: (forthcoming) 15.09.2021, Pg. No. 52-56
Content ID: UJS/2021/V01N01/C04
The presence of communicable or non-communicable diseases, ill health can be hindered anyone from daily pursuits or activities. When the policy agenda and enforcement mechanism are discussed at the international level, then the significant place of the World Health Organization (WHO), 1948 come into the light and it explains health as “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity”. The individual’s right to healthcare and medical treatment contains together choices and claims the right to control own health where one can find wellness and be free from distress and medical treatment and experimentation without proper consent. Public healthcare topic is of great concern in international and national agenda of the government and response by way of providing emergency care and treatment is compulsory. Medical facilities and their availability and accessibilities on the part of government and public respectively go together for maximum utilization of resources. It’s no material that at what level of resources the government has but maximum utilization and accessibility for all public is serve the purpose.
Diseases, Unprivileged, Treatment, Medical Facilities, Utilization
As human beings, our physical and mental health is a matter of paramount importance and irrespective of age, gender, social and economic situations, everyone consider good health to be find place on priority. The presence of communicable or non-communicable disease, ill health can be hindered anyone from daily pursuits or activities. When the policy agenda and enforcement mechanism discussed at international level, then the significant place of World Health Organization (WHO), 1948 come into light and it explains health “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity”. The Constitution of India, 1950 provide the right to good health and medical care under Article 21 and key aspects of healthcare includes- the safe drinking water, pollution free air, nutritious food, suitable sanitation, etc. The individual’s right to healthcare and medical treatment contains together choices and claims the right to control own health where one can find wellness and to be free from distress and medical treatment and experimentation without proper consent.
Public health’s dependency on law is more readily apparent than is law’s need for public health and this dependence on law is both pragmatic and elemental. The pragmatic need stems from the fact that many public health professionals work in the public sector and they attempt to protect and promote the health of populations. Regularly their jobs require them to enforce or help craft regulations, from local public health codes to federal environmental standards. In drafting and enforcing these regulations, public health professionals, of course, work with positive laws. For effectively done it, they need to know something about how laws are read and applied. They also need to understand the broader legal context in which particular laws lie. Therefore, a public health practitioner needs to know not only her health code but also aware about the laws including constitutional provisions also [Goodman et al. 2007: 30].
2. Fundamental Components of Healthcare
Public healthcare topic is of great concern in international and national agenda of the government and response by way of providing emergency care and treatment is compulsory. The universal health coverage is needed to eliminate and prevent the communicable and non-communicable diseases. The reachability of medical services and passing the benefits of all legislative provisions, policies, programme, schemes, etc. help to provide better health for people and reduce the load on health infrastructure.
A. Emphasis on Underprivileged Population
The health protection and its prevention and cure from diseases are available for everyone but there are disadvantage and marginalization portion of population in societies where they are lagging behind from adoring good health. The world’s poorest populations affected by the most deadly communicable diseases such as- malaria, HIV/AIDS and tuberculosis because of inequalities on the basis of gender, age, food availability, health status, disease history, etc. Non-communicable diseases put load on high-income countries and are mainly associated with lifestyle and behaviour factors along with environment determinants includes- fresh air, safe drinking water, suitable sanitation, etc. The need is for strict implementation of specific healthcare laws and policies that everyone equally access to treatment, medicines, recovery and hospital services.
B. Significance of Mental Health and Treatment
Along with physical health, mental health also important for individual to lead productive life and in case mental illness then it may become the reason to a rejection of dignity and self-sufficiency. Still, no adequate consideration is given to mental illness and depression despite physical/sexual abuse, neglect, etc. contribute to poorer mental and physical health outcomes. The proper treatment and care is required for those who are affected by the mild or sever symptoms of mental illness.
C. Maximum Utilization of available Medicare Facilities
Medical facilities and its availability and accessibilities on the part of government and public respectively go together for maximum utilization of resources. It’s no material that at what level of resources the government has but maximum utilization and accessibility for all public is serve the purpose. Every State would have to mandate that it embraced the extent for assessment and availability of medicare facilities according to the need and fully using of maximum availability.
3. Who Response on Health and Medicare
World Health Organisation has been vigorously strengthening the measure in providing intellectual, Technical, political governance concerning health right which support the capacities of its Member States to incorporate universal health coverage approach, evolving the health right in international law. It also addresses prerequisites and rights of individual’s healthcare and wellbeing at different stages across the life span require taking a wide-ranging approach within the larger context of promoting gender equality and equity. The unified nature of the healthcare and medical outline is an opportunity to build on initial strengths and complementarities between these approaches to create a unified and well-organized methodology to encourage healthcare and well-being for all [Gostin and Wiley 2008: 43].
4. Commitments of Nations Headed for The Right to Health
The duties of nations are placed into five classifications for providing right to health for every individual as- accessibility, equity, quality, affordability and accountability to fulfill the right to health. The universal health coverage in rural and urban areas along with providing correct information on food, hygiene, clean drinking water, importance of safe environment, etc. plays a significant role in achieving right to health for all.
Public health regulation is designed to monitor health threats and intervene to reduce risk or ameliorate harm within the population. At the same time, public health powers encroach on fundamental civil liberties such as privacy, bodily integrity, and freedom of movement, association, or religion. Sanitary regulations similarly intrude on basic economic liberties such as freedom of contract, pursuit of professional status, use of property and competitive markets. Because health is so highly valued, sometimes public health officials assume they need not justify their beneficent interventions. But government should justify interventions, because, almost invariably, they intrude on individual rights and interests and incur economic costs. Before proposing a systematic evaluation of public health regulation, it will be helpful to think about three general justifications for intervention: risk to others, protection of incompetent persons, and risk to self. The first justification is the standard, well-accepted idea that government may intervene to prevent harm to others or punish individuals for inflicting harm. The second justification supports government action to protect the health and safety of those who are incapable of safeguarding their own interests. The third justification, and by far the most controversial, is paternalism the protection of the health or safety of competent individuals irrespective of their own expressed wants and desires [Gostin and Wiley 2008: 47].
5. Accountability and Monitoring
The healthcare infrastructure, facilities, medicines, equipment’s, etc., belongs to government and private persons. It is the duty of the government that the doctors and staff would be responsible for taking care of the health of peoples and make accountable to health personnel’s and along with this the continuous monitoring is important for smooth and proper functioning of healthcare sector.
The paramount importance for growth and progress of any country largely depend upon the health people who are productive to work and contribute actively in the economic and social upliftment. The fewer burdens of illness and disease also reduce the financial burden of the government and that money can be used for the other development aspects. The fundamental right to health available for the people helps them to enforce in case any violation committed. The legislative control and various healthcare measures also help for achieving good health and wellbeing. The legal outline for national health policies, strategies and plans must remain undertake a thorough situation analysis prior to planning, which includes examination of the national policy and planning context, available resources and capacities. It also provides a clear description of the policy and plan directions and set out a vision that can inspire implementation. It seeks to anchor the policy directions in administrative and legal promises to confirm long term constant efforts. By providing an inclusive and practicable strategy to enable achievement of the healthcare directions within the available resources is necessary with additional resources and capacity building. The effective leadership and governance arrangements for proper enforcement mechanism are very much important which include a concert monitoring and feedback process to allow continuous improvement.
- Constitution of India, Article 21 of the Indian Constitution deals with “Right to Life and Personal Liberty”
- Goodman, Richard A., Richard E. Hoffman, Wilfredo Lopez, Gene W. Matthews, Mark A. Rothstein, and Karen L. Foster, (eds.). 2007. “Law in Public Health Practice”. Oxford University Press, p. 30
- World Health Organisation. 2017. “Human Rights and Health”. WHO. https://www.who.int/news-room/fact-sheets/detail/human-rights-and-health (29 December 2007), Accessed 10 November 2008
- Gostin, Lawrence O. and Lindsay F. Wiley. 2008. “Public Health Law: Power, Duty, Restraint”. Berkeley: University of California Press, p. 43 and 47
Singh, Dr Bhupinder, 2021, “Strategizing for Public Healthcare and Enforcement Mechanism”, University Journal of Society, https://www.UniversityJournal.org/ujs/UJS2021V01N01C04/ (08.08.2021), accessed <date of accessed>
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