Page 126 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
Standard of Health; Every person has the right to the best possible
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level of health that allows them to live a life of dignity. A variety
of complementary strategies can be used to achieve the realization
of the Right to Health, including the creation of health policies, the
execution of World Health Organization (WHO) developed health
programs, and the approval of particular legislative measures. 8
Charter of the UN by articles 55 and 56, discuss the importance
of Right to Health and United Nations General Assembly, Political
Declaration on HIV and AIDS: Ending Inequalities and Getting
on Track to end AIDS by 2030 also explains the importance of
reasonable prize for the medicine to enhance availability to everyone
globally. Nearly all of these treaties have been adopted since the
end of World War and ratified or acceded by states and are binding
international law for those states.
In Sri Lanka, Right to Health is not included in the Fundamental Rights
chapter. Nevertheless, indirectly mentioned in Article 27(2)(C) in the
Chapter on Directive Principles which is, based on Article 29 which
is not justiciable and not protected by any court. Report on Public
9
Representations on Constitutional Reform (2016) received several
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submissions regarding health issues which are not covered under the
supreme law of Sri Lanka. People complained about difficulties in
accessing health care, the quality of health care and medical treatment,
the exorbitant cost of private health care as well as the lack of
regulation in the sector. Those issues must be considered by the
constitutional reform committee to facilitate the Health system.
In India, Right to Health is secured under articles 14, 21 of the
Fundamental Rights chapter and articles 39, 41, 42, 43, 51 of

7 UN Committee on Economic, Social and Cultural Rights, CESCR General Comment No.
14: The Right to the Highest Attainable Standard of Health (Art. 12)https://www.ohchr.org/
en/resources/educators/human-rights-education-training/e-general-comment-no-14-right-
highest-attaiable-standard-health-article-12-2000 access on 17th May 2023
8 E/C.12/2000/4
9 Constitution of the Democratic Socialist Republic of Sri Lanka,1978
10 Report on Public Representations on Constitutional Reform,2016
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