Towards a rights-based approach to healthcare

The International Covenant on Economic Social and Cultural Rights 1966 affirms the enjoyment of highest attainable standard of health as one of the fundamental rights of every human being. As per the constitution of World Health Organisation the enjoyment of health rights should be available to any human being without any distinction of race, religion, political belief, social and economic condition.

Provisions relating to right to healthcare have got their place in Part II of the Constitution of Bangladesh as fundamental principles of state policy namely in articles 15, 16 and 18. Needless to say, these solemn expressions made in these articles do not make this right judicially enforceable. But it has been long established that the principles as enunciated in Part II of the Constitution are fundamental in the good governance of our country and they supplement the fundamental rights mentioned in Part III of the Constitution.

While discussing judicial activism to recognise such right we cannot but mention of two remarkable cases. In Dr. Mohiuddin Farooque v. Bangladesh 55 DLR (2003) , the right to a decent and healthy way of life came within the shade of Article 32 of the Constitution. In Chairman, NBR v. Adv Zulhas Uddin Ahmed 15 MLR (AD) 457 while upholding the High Court observations Justice Mohammad Fazlool Karim observed, "A citizen must be allowed to maintain a smooth health care and peaceful life and to that affect all the amenities including health and medical services must be made available."

There is no denying that our healthcare system is still progressing and there are constraints. But the existing deteriorating condition is hard to overlook. A sincere and benevolent approach on the part of the government is needed for safeguarding our invaluable right to healthcare. In 2011 the Government adopted the National Health Policy 2011 with a view to establishing healthcare as a right in all layers of the society. The policy aimed at ensuring accessibility of primary and emergency health care for all, providing quality healthcare based on equity, increasing community demand for health care based on rights and dignity. Apart from these, ensuring better management in public health care centers and hospitals, keeping the expenses of health within the reach of people, securing people's right to information regarding healthcare etc. are some of its goals. According to its strategic plan 14, adoption of specific laws and regulations for creating accountability on part of the healthcare professionals can play a significant role in ensuring patients' rights and safety.

In line with the objectives of National Health Policy 2011, what we need most right now is a specific and well-structured legislative and policy framework for the enforcement of our right to healthcare. The legislative instrument should positively define our rights and standard of healthcare that we are entitled to, the responsibilities and obligations of the different healthcare related departments of the Government, the code of conduct and duty of care owed by the healthcare professionals, etc.

Only one specific legislation may not help improve the scenario if not aided by implementation scopes created by a robust implementation framework. Thus, apart from defining rights and responsibilities, the Act must be accompanied by Rules and policies to facilitate monitoring and follow-up, complaint mechanisms, dispute resolutions, etc. Experts also support the idea of establishing a separate legal/judicial forum for adjudicating healthcare related disputes.

Adoption of such legislation will hopefully help overcome the major gaps that distress our healthcare system.  Thus, we are looking forward to securing a humane and dignified approach towards all in need of healthcare.

The writer is a student of law at University of Chittagong.