Is there a right to healthcare, and if so, what does it entail?

Imagine being at a critical stage of an illness, desperately needing medical help, but is refused access to treatment due to your financial status. How would you feel? As we enter an age of tremendous technological development, the debate over healthcare as a right has become more important. Being a complicated issue involving morality, politics, economics et cetera, the problem must be explored from different viewpoints.

 

A right of a man is related to his freedom of action free from interference of another man. All rights of a man stem from one single, fundamental right – the right to his own life [1]. And healthcare forms an important part in maintaining one’s life. Therefore, it can be argued that from a moral perspective, right to healthcare is necessary as it ensures access to help that maintains life. Denying any individual healthcare is a violation of basic human rights.

 

Indeed, Article 25 of the Universal Declaration of Human Rights, states that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including…medical care” [2]. Similarly, the Constitution of the World Health Organisation mentions that “The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition” [3]. These universal documents reflect the global consensus in healthcare as a human right, reinforcing the need for universal healthcare.

 

However, these declarations, though widely recognised, are not legally binding, meaning that countries do not necessarily need to align their policies with the documents. For example, the United States lacks a universal healthcare system despite being one of the most developed countries in the world [4].

 

To understand why there may not be a right to healthcare, one must take a step back to the concept of human rights. In a free society, a man earns economic value from his goods or services, which can then be exchanged between one another to support one’s life. [5] The concept of healthcare as a right for the patients is immoral as it denies the fundamental rights of the doctor, since healthcare is, above all, a service. It is a service that the doctor depends on for generating economic values and supporting his own life. Some, including medical businesses and ideologues, believe that government should stay out of people’s lives including the provision of healthcare [6]. With healthcare being a right, doctors’ choices would be influenced by the government, thus leading to decreased autonomy and right.

 

Following this emerges the view that healthcare should be a commodity, not a public good. However, treating healthcare as such violates basic human dignity, since commodification of it will make it susceptible to market forces and efforts to maximize profit [7]. Yet, healthcare is dealing with the life and death of a person, so it is inappropriate to uphold the view that it is a commodity that one must pay for.

 

It is also important to consider the practical issues involved around the right to healthcare. Right to healthcare will lead to a universal healthcare system with equal access for everyone without regard to their status. Although ideal, it creates concerns about its impracticability. Facing a cut in healthcare budget after COVID-19, countries in Europe are struggling to sustain their public health system leading to longer wait times, reduced access to services, and a decline in the quality of care, thus affecting people’s right to healthcare [8]. The problem is further worsened by an aging population, putting more strain on government expenditure as chronic diseases requiring long-term care become more prevalent, thus requiring more expenditure to deal with these issues. With limited resources and rising needs from the general population, governments struggle to maintain an effective healthcare system. Therefore, giving people right to healthcare would simply require too much financial effort to maintain and generate a huge burden.

 

But this is not entirely true. Not-so-wealthy countries like Sri Lanka, Cuba, Thailand etc have been seen to provide effective healthcare at a low cost, all achieving great success. Therefore, financial difficulty is not an excuse to deny one’s right to healthcare.

 

Healthcare therefore should be a human right, due to basic morality, and supported by international documents and most will not disagree. It greatly affects the quality of our life and helps to reduce pain and suffering. Without it, many would have suffered due to the inability to access help.

 

Right of healthcare should entail accessibility, available to everyone without discrimination, ensuring that all individuals, regardless of their socioeconomic status, geographical location and physical status can access necessary medical care. This thus permits every person to have an improved chance of recovery from diseases and conditions, through healthcare services ranging from primary care to critical care, protecting one’s human right at every stage.

 

Yet, this is not enough. Since the WHO defines health as a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity (2), healthcare provided should not only be about treatment, but also includes preventive, curative, rehabilitative, and palliative care to ensure a comprehensive care system which guarantees a good quality of life for the public.

 

Despite the heated debate between healthcare as a privilege or right, the answer is the latter. While there are different counterarguments to the issue, it is undeniable that it is necessary to fulfil the basic right of a person – the right to live. Moreover, healthcare as a right is also essential to promoting equality in society, allowing everyone to receive care. While definitions of healthcare vary, it should be an all-rounded service, while ensuring accessibility and affordability to healthcare to provide equal, quality care for everyone to maintain their highest attainable level of health. Now, with healthcare being a right, you would no longer be denied treatment, and your illness would be treated with the greatest care.

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References

1. Rand A, Branden N, Greenspan A, Hessen R. Capitalism: the Unknown Ideal. Centennial ed.  New York: Signet; July 15, 1986

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2. United Nations. Universal Declaration of Human Rights. Paris: United Nations General Assembly; 1948\.

 

3. World Health Organization. Constitution of the World Health Organization. Paris: The Organization; 1989\.

 

4. Mollmann M. Healthcare is a human right – but not in the United States \[Internet\]. Harvard Public Health Magazine; 2022 August 9 \[cited 2024 July 31\]. Available from: [https://harvardpublichealth.org/equity/health-care-is-a-human-right/\#:\~:text=Healthcare%2C%20the%20United%20Nations%20says,and%20notably%2C%20access%20to%20abortion](https://harvardpublichealth.org/equity/health-care-is-a-human-right/\#:\~:text=Healthcare%2C%20the%20United%20Nations%20says,and%20notably%2C%20access%20to%20abortion).

 

5. Sade RM. Medical Care as a Right: A Refutation. New England Journal of Medicine. 1971 Dec 2;285(23):1288–92.

 

6. Sen A. Universal healthcare: the affordable dream. The Guardian. 2022 Oct 19 \[cited 2024 July 29\]. Available from: [https://www.theguardian.com/society/2015/jan/06/-sp-universal-healthcare-the-affordable-dream-amartya-sen](https://www.theguardian.com/society/2015/jan/06/-sp-universal-healthcare-the-affordable-dream-amartya-sen)

 

7. Pavlakis S, Roach ES. Follow the Money: Childhood Health Care Disparities Magnified by COVID-19. Pediatric Neurology \[Internet\]. 2021 May \[cited 2024 Aug 1\];118:32–4. Available from: [https://www.pedneur.com/article/S0887-8994(21)00025-4/fulltext](https://www.pedneur.com/article/S0887-8994(21)00025-4/fulltext)

 

8. Anderson S. Europe is struggling to keep its health systems afloat \- Health Policy watch \[Internet\]. Health Policy Watch; 2023 Sep 28 \[cited 2024 Aug 1\]. Available from: [https://healthpolicy-watch.news/europe-struggles-to-keep-health-systems-afloat/](https://healthpolicy-watch.news/europe-struggles-to-keep-health-systems-afloat/)