On The Right To Health

Health is an important benefit for each person and an important basis of individual survival and self-realization. Life does not mean living insultingly, but living dignifiedly has guaranteed the dignity of life. However, in recent years, the big events in areas of public health, food security, occupation protection, ecological environment unceasingly occurred expose the fact that people’s health is facing threatening. Health is the most important to each person, but why is it repeatedly violated in our daily life? Is it the reason of law absence or law inefficiency? Is the protection to health only an individual matter or the country’s responsibility? Can health be guarded as a right? If possible, what kind of right is health right actually? Is there any relevant stipulation in other countries? And how does if work? How can the right of health be protected fully in our country? This paper aims to give answers to all these questions.This article utilizes many kinds of research techniques including the historical inspection, the empirical analysis, the tic analysis, the value analysis, the comparative analysis and so on. It tries to explaine the concept, the structure, the nature and the value of the health right. It also tries to find out the protection mechanism of the health right in the international society, tries to find out obligations of the country in the health right protection and how to construct the right in our country. Answers to these questions are not only helpful in establishing the theory of health right of our country, but also helpful to promote the deepening research on theory especially on the economical, social and cultural rights.Through testing the source to the health right, it is not difficult to discover the basic vein of the right. Looking from its historical perspective, the West Industrial Revolution initiation such as epidemic disease and so on forces the people to pay attention to the sociality of the health right, but the medical service system promoted the right’ formation directly. Looking from its rationale, the classical liberalism and the utilitarianism influence its development. Looking from its development vein, health right has changed from a right in the mind to a real legal right, and from a private right to a mixture of public and private. Looking from its social practice, the right is protected from simple consciousness stratification to the legislative stratification including internationaland national law. It is growing along with the humanity progress.Health right is a kind of right to achieve the highest physiological and psychologically health standard through the medical care system and the basic prerequisite provided by the govermment and society. And the country is under the main obligation to realize the health right. The right of health is an independent human right and social right in modern society. It is requested neccessarily for people to survive, develope and preserve dignity under the socialized big production and the market economy condition. It reflects social equality and justice, promotes social development and it is also confirmed by the international human rights law. Health right is a basic right of the citizen in modern society. Many countries take the right to health in constitution as a basic right of the citizen. Actually, materially, the right to health belongs to the constitution right. The right to health reflects eauality, freedom and justice. There are four standards to see whether the right to health be fully protected, which are whether the right is providable, available, acceptable and reliable. In pratice, the protection of health right involves both national probection and international protection. Judicial remedy to health right is of particular importance in realizing to the right. Health right is both negative and positive and it is inalienable as a human right. All these characters make health right actionable.This article finally emphasizes on how to construct ta perfect health right system on the basis of research on the health right profection situation of our country. Firstly, we should restructure the legislative system and the right to health should be put into the constitution as soon as possible; Secondly, we should establishi a sound remedy system, realize the nation duty in health right, make the law enforcement and protection fair and standard the supervision.