Assistant Professor of
The human rights based approach to health primarily aims to realize the right to health by achieving other health related human rights. This paper tries to analyse the relationship between right to health and human right and examines how far the law in India, in health care sector, incorporates the rules and principles embodied in various International conventions. The paper takes into account two approaches for the linkage between right to health and human rights. Primarily, it focuses on the impact of health policies, schemes, programmes etc. on human rights. The second approach mainly focuses on impact of neglect of violations human rights on health. By giving human rights framework to the right to health, the Government is under an obligation to ensure that all people in a society should have shelter, food, medical care and basic education. However, specifically three rights i.e. right to non-discrimination, right to the benefit of scientific progress and the rights to health are relevant to the health in human rights perspective. The paper examines the relevancy of the above aspect in the health care sector. The various obligations and monitoring mechanisms of the state to have proper legislations to protect the heath in line with the provisions of the international treaties are the subject matter of this paper. The paper suggests certain recommendations for the effective safeguard of healthcare with special reference to vulnerable people. The paper end with some suggestions for having a systematic review to examine to what extent governmental policies and programmes are successful, to respect the human rights with special importance on healthcare system of vulnerable people.
