Right To Health Literature Review

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This literature review is carried out in the partial fulfillment of award of PhD In Law, under Indian Law Institute, New Delhi.
This paper surveys in the first part literature on right to health and health care , its concept, application, international scenario, Indian Position and second part the paper covers the Indian healthcare system, healthcare providers, regulations and various issues in the functioning of healthcare providers.
Right to health and health care has been universally accepted as basic human right, however the operationlization of the right revolves in contingency which ranges from ambiguous definitions of the right, inclusive scope, state’s liability to protect and provide resources for the right, the healthcare
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Ilan H. Meyer and Sharon Schwartz refers to the transformation of social issues into health issues as the "public healthification" of social problems, which they consider analogous to the medicalization of individual social problems. In their view, public health provides too narrow a perspective to be effective. "In the case of many social problems, public health research questions as currently conceptualized are less complex than the social and political issues (conflicting interest groups, conflicting value systems, power relationships) that need to be resolved for interventions to be…show more content…
Michaelis, rightly argues that, it is unethical and dangerous to allow distinctions of "social worth" to influence decisions regarding the allocation of public health resources . The author has rightly given the example of AIDS, initial phase and the groups affected by the public health emergency were seen to be at fault and suffered social stigma because of their lifestyles. Through the epidemic of AIDS we could see how a public health problem that is perceived to be isolated became devastating for the country and the world. Today 's public health system is susceptible to worth based allocation arguments and there are many favoring as well as opposing it. While deciding worth based allocation many factors may play crucial role like Likelihood of benefit to the patient, Urgency of the patient 's need, & the amount of resources required for successful treatment, impact on standard of life of the patient, etc. which are difficult to calculate and hence use of such criteria is inappropriate. Social justice is a determined pursuit of public health and for that priority funding is a key issue which is mostly overlooked, the author argues that setting the ethical standards by which

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