A Study On The State Obligation To Realize The Realization Of Citizen's Right To Health

The right of health,which is the basis for individual participation in school and social life,is vital to everyone.It can be said that the loss of health equals the loss of social life,even the loss of the basic conditions of survival.Therefore,it is imperative to protect the right of health as a fundamental right of our citizens.The right of health for the first time appearedas human rights in the 1946 World Organization Charter,which also stated in the preamble that the right of health not only includes physical health,but also mental health.And many international treaties have subsequently recognized the right of health,such as the Universal Declaration of Human Rights of 1948 and the 1966 International Covenant on Economic,Social and Cultural Rights(hereinafter referred to as "the Convention").The national obligations to protect the right of health is continuously strengthened and improved through international treaties or domestic legislation.However,the right of health as a new type of right in the human rights system,despite the fact that some legal documents have been granted,the right of health in our real lives is still be regarded as a "rational" right of human rights,the protection of which is not all wishful.Especially in the rapid economic development of today's society,more and more health crisis threatens human beings,such as environmental pollution,food security and so on.The author mainly aims to discuss the theoretical problem of the national obligations to guarantee the right of health under the premise of the right of health as a basic right.This article focuses on the following issues:In the first part,the author clarifies the right of health is a fundamental right.First of all,through the definition of the concept of the right of health and what the right of health should be involved in its connotation,extension and standards to achieve it,the author explores the basis of the right of health as a fundamental right to prove the theory of realizing the right and its realistic basis.The connotation of the right of health expands from only single physical health,to psychiatric factors,social factors as well.The second part primarily systematically analyzes the national obligations corresponding to the right of health,from the general and specific these two levels.First,it is the process of the formation of national obligations,and its relationship with human rights.What rights need determines the process of generating national obligations.In the process of realizing human rights,the national obligations have the function of defense,the right of benefit and institutional security.The purpose is to make the theoretical basis of the transition from general to concrete research by making the content and scope of the state obligation more clear and clear through the analysis of the basic problems of state obligations.The purpose is to make the contents and scope of national obligationsclearer,through the analysis of the basic problems of national obligations,lay the theoretical basis for the transition from general to concrete research.Besides,the national obligationsare specific to the realization of the right of health.The author explores the criteria for the realization of the right of health and the national obligations in respect of respect,protection and fulfillment.The third part,combining with the status quo of our country,mainly analyzes the existing causes and status of the right of health and the present situation of the national obligations in order to fully realize the citizens' right of health.On the basis of examining the practice of health right protection in our country,this part puts forward an effective way to realize citizens' right of health from the perspective of national obligations.From the legislative,administrative,judicial three parts to explore the realization of the right of health in the process of realizing national obligations.Government organizations in the legislative process first should not be against the rights of citizens,andthen provide the legislative protection of civil rights.Therefore,the obligations of national legislatures contain negative powers and positive powers.The negative powers of the national legislature should first comply with the provisions of the Constitution,be constrained by Constitutional basic rights and not free to develop laws which are against the basic rights of citizens.Second,the national legislatures should also abide by the prohibition of the terms.Positive power means that the country should actively develop laws and systems to ensure the realization of citizens' right of health.The administrative organizations should bear the obligations of abiding by laws,lawenforcement,and the supervision of judicial organizations.