Listen To The People; Include Health As A Fundamental Right In The New Constitution
By Saroj Jayasinghe –October 10, 2016
Prof Saroj Jayasinghe
In its most simple form, health means to be well or contented in the key dimensions of life (i.e. physical, mental and social dimensions). In other words, all our struggles, investments and conflicts are ultimately aimed at living a good quality life to a maximum. These are the fundamental goals of human existence from a secular point of view. It is therefore essential that such a basic dimension of existence should be included and enshrined as a fundamental human right in our constitution. The public consultations done by the government overwhelmingly supported this line of thinking.
The next few paragraphs outline the proposal in further detail.
Proposal
The new Constitution should include a clear statement on right to health. This includes a right to reasonable healthcare, but extended to other determinants of health. The latter is essential because, people fall sick BEFORE they come to healthcare (i.e. visit a clinic, pharmacy or hospital). For example, if the state ignores taking any action on air pollution, we will all choke to death or suffer from diseases such as asthma. Though the precise wording can be improved, examples of such statements include;
“The Constitution guarantees the progressive realization of rights that will enable everyone to enjoy the highest attainable standard of physical, mental and social dimensions of health”
Or
“Every citizen has the right to a reasonable standard of living, adequate for the health and well-being of himself or herself and of his or her family, including the access to medical care, preventive services, basic amenities and social services”.
Why do we need such a proposal?
We need such an explicit statement because the current Constitution does not explicitly include health as a fundamental right, and has only an indirect statement (Article 27 2 (c): “the realization by all citizens of an adequate standard of living for themselves and their families, including adequate food, clothing and housing, the continuous improvement of living conditions and the full enjoyment of leisure and social and cultural opportunities”).
