Daily Times

There are certain fundamental rights given to the citizens of Pakistan in the constitution. However, healthcare is not a fundamental right under the Pakistan’s constitution. Rights are legal entitlements, and it is the responsibility of the country, through its government, to guarantee the right to healthcare to all citizens.

Health has not been on the top of the agenda of any government in Pakistan. Healthcare is no longer considered a privilege, but rather a necessity that must be guaranteed to all especially to those who can’t afford expensive private healthcare. A nation is judged by not how it treats its powerful or rich citizens, but its bottommost ones.

The 1973 Constitution of Pakistan did not mandate health as a fundamental right. Thus, provision of public health or curative healthcare to the citizens of Pakistan in need is not legally enforceable. Because of the absence of legal mandate for health, many health programs suffer neglect, as they do not have any legal protection. Healthcare provision is not a luxury. It is an essential service, to prevent disease, maintain health, treat illness and provide access to essential medicines.

Furthermore, fundamental rights in the constitution protect very basic “interests” of citizens that are considered “inviolable”. They are enshrined in the Constitution of Pakistan. Articles eight to 28 of the constitution deal with all the fundamental rights provided to the citizens of Pakistan where healthcare is not included as a fundamental right for its citizens.

In Pakistan, the political ‘will’ is always absent from the formulation of health policy, and this is reflected in the low public allocations to health over time

If we take the World Health Organization into account, it defines health as “a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity.” Keeping this in mind, it is safe to say that the Right to Health is a Human Right Enshrined in International Human Rights Law. The WHO Constitution (1946) envisages “…the highest attainable standard of health as a fundamental right of every human being.” The 1948 Universal Declaration of Human Rights mentioned health as part of the right to an adequate standard of living (article 25).

Similarly, the EU has also recognized health as a human right. This right is enshrined in article 35 of the Charter of Fundamental Rights. Over 130 countries have a right to health care in their national constitutions

On Dec 10, 1948, 48 nations signed the United Nations Universal Declaration of Human Rights. The document stated that “everyone has the right to a standard of living adequate for the health and well-being of oneself and one’s family, including… medical care.” Therefore, it is clear that all countries have a duty to their citizens to provide healthcare to those who cannot afford it.

Moreover, in 2005 the member states of the World Health Organization signed World Health Assembly resolution 58.33, which stated that everyone should have access to health care services and should not suffer financial hardship when obtaining these services.

Providing all citizens the right to health care is imperative for economic productivity. When people have access to health care, they live healthier lives and miss work less, allowing them to contribute more to the economy.

Proponents of the right to health care say that no one should go without health care. They argue that a right to health care is a basic human right and that health care, without any discrimination should be an essential government service. On the other hand, opponents argue that a right to healthcare amounts to socialism and that it should be an individual’s responsibility, not the government’s duty, to provide healthcare. They say that this would decrease the quality and availability of health care, and would lead to larger government financial burden.

In Pakistan, the political ‘will’ is always absent from the formulation of health policy, and this is reflected in the low public allocations to health over time. Even though, it is a state’s obligation to support the right to health – through the allocation of “maximum available resources”, the out-of-pocket expenditure for healthcare in Pakistan is still among the highest in the world. This is irrespective of the stated political philosophy of the political parties or the promises in their election manifestos. Successive political leaderships have not given healthcare due importance and health has not been recognized as a constitutional right.

Among all the rights to which we are entitled, healthcare is the most important. The citizens and governments must protect this right. Universal health care is crucial to the ability of the most marginalized segments of any population to live lives of dignity. Inclusion of health as a human right creates a legal obligation on the states to ensure access to timely, acceptable, and affordable health care of appropriate quality to all.

The citizens of Pakistan should fight for the inclusion of healthcare as a fundamental right in the Constitution of Pakistan. Rights are not as much granted or endowed as they are fought for and claimed. The citizens should persuade the political parties to bring in the necessary amendments in the constitution for the right to health, and thereby the right to life. The right to healthcare must be given to every citizen without any discrimination on the grounds of race, age, ethnicity, religion, gender or any other status. //. Smart lockdown and self-reflective measures.

The writer can reached at wajahatbokhari@yahoo.com