On The Constitutional Guarantee Of Children's Right To Health

The Constitution stipulates that the state respects and guarantees human rights.There are many ways for the state to protect human rights,including legal and non legal ways.Legal means such as constitutional guarantee and criminal law guarantee,and non legal means such as political guarantee and social guarantee.Among them,constitutional protection can provide a more comprehensive and three-dimensional protection for a human right from the legislative,judicial,law enforcement and other dimensions and levels.Children are the future of a country and the hope of a nation.As a human right,children's right to health is of great significance not only to children themselves,but also to the country and nation.The state has the responsibility and obligation to protect children's right to health in an all-round way.This paper only discusses the constitutional protection of children's right to health,and focuses on state obligations.Children and women are in a relatively weak position in social life,and the constitution pays special attention to both.The provisions of the Constitution on the rights of the two should be comparable.The Constitution clearly stipulates the right of equality between men and women,the right of equal pay for equal work between men and women and other important rights of women in the constitution,and focuses on protecting them.Children's right to health is an important and fundamental right for children,comparable to the right of equality between men and women and so on.It is also a right that should be clearly defined and guaranteed by the constitution.The right of children's health in the sense of constitution refers to the right of children's citizens to enjoy the highest attainable standard of physical,psychological and social adaptability,and to require the state to provide full protection.Children's right to health has the characteristics of vulnerability,dependence,foundation,limitation and variability.It includes four specific rights: the right of damage relief,the right of prevention and health care,the right of healthy environment and the right of health maintenance.Strengthening the constitutional protection of children's right to health not only embodies the common requirements of human rights protection theory,substantive equality theory,justice theory and Confucian ethics,but also meets the common needs of children's healthy growth,economic development,better performance of state organs and international convention obligations.There are still many problems in the constitutional protection of children's right to health..The main performance is that the provisions of the Constitution on children's right to health are not clear and specific,the legislation of children's right to health needs to be improved,the judicial protection is not sufficient,and the administrative law enforcement needs to be improved.In order to realize the constitutional protection of children's right to health,state organs need to establish a systematic thinking of constitutional protection of children's right to health.At the level of constitutional norms,we can make supplementary provisions on the protection of children's right to health in the form of constitutional amendment at the end of Article 49 of the constitution.In terms of the implementation of the constitution,the legislature,the judiciary and the law enforcement agencies should earnestly fulfill their constitutional obligations to protect children's right to health.At the same time,the authorities should strengthen the supervision of the constitutional protection of children's right to health.