Research On The State Obligation Of Citizen’s Right To Health Protection From The Perspective Of Human Rights

The right to health,as a right stipulated in the United Nations Covenant on Economic,Social and Cultural Rights,has been recognized by many countries,many countries have written the right to health into the constitution for protection.As a State Party to the treaty,China should,as a matter of course,regulate the right to health.Therefore,it should be made clear in our constitution that the citizen’s right to health is a basic human right,which is accompanied by the State’s obligation.Defining the right to health as a fundamental right means raising the state’s obligation to guarantee the right to health to the level of the constitution,in which the state assumes both negative and positive obligations.The original meaning of human rights is that human being’s equal and happy existence is a kind of right,not self-bearing to the natural existence.Rights mean that others,society and the state take responsibility for the realization of the subject’s interests,or what to do,or what not to do.The basic idea of this paper is to study the right to health from the perspective of human rights,which is a basic human right.Make full use of the basic theory of human rights and the World Health Organization’s "primary health care for all" theory to analyze and interpret the right to health.At the national level,with the rapid development of society and the progress of the Times,people are no longer satisfied with the basic survival,began to pursue a high quality of life,respect and protection of citizens right to health has been gradually put on the national agenda.The right to health is not only the simple acceptance of the state of nature,but also the responsibility and obligation of the individual,the society and the state for the realization of the right to health.The realization of citizensright to health is closely related to the fulfillment of state obligations.The realization of the right to health can not be guaranteed without the efforts of individuals and the participation of society,but it requires the recognition of states and the active implementation of relevant obligations.The state is the most important subject to guarantee the realization of the citizen’s right to health.In order to promote the realization of the citizen’s right to health,the state should respect,guarantee and actively promote the realization of the triple obligations.The purpose of this article is to analyze the existing concept and nature of the right to health,and then to draw their own definition.Through the understanding of the triple obligation of the state to guarantee the realization of the citizen’s right to health,this paper analyzes the current situation of the protection of the citizen’s right to health in our country,the achievements and shortcomings.Combining with China’s current imperfections in this regard,tracing to the source,so as to provide some ideas for the further development of the protection of citizensright to health,with a view to China’s citizens to improve the level of the right to health and even promote the cause of human rights in the world to make a modest contribution.