Right to Health; A legal Perspective

[Aasma Haq]

Article 9 of the supreme law of the state, Constitution of Pakistan, 1973 grants every human being a fundamental right to live. Constitutional rights are greater than the legal rights and Constitution provides protection as security of “life” to its citizens. It was admitted by the supreme court of Pakistan in “Shehla Zia vs. Wapda” PLD (1994) S.C.693 that though word “life” is not explained in constitution but it includes all facilities and necessities that a human being needs to existence. Constitution do not limit the word “life” as to be safe from death but it gives liberty to a man to enjoy a quality life with fulfillment of basic necessities which are the responsibility of state to provide.

Chapter 2 of the constitution that deals with the principles of policy, bounds the state to protect the marriage, family, mother and the child. This statement also carries a vast meaning of the protection of family, mother and child. It can be translated in the meaning to provide every facility for life to save the family institution of society.
38th Principle of Chapter 2 also deals with the “Promotion of social and economic well being of the people”. It bounds the state to provide medical relief but to the people who are permanently or temporarily unable to earn due to sickness, infirmity and unemployment.

World Health Organization (WHO) also identifies this constitutional right of a human being to enjoy the life in a quality manner with fulfillment of basic health necessities. But, unfortunately, Pakistan experiences an unbalance power structure and frequent changes in government after a short time. Such fragile government has implications for health.

There is not a single comprehensive legislation for health sector. Constitution is providing security to life but it seems to be silent on health care. Later Supreme Court of Pakistan elaborated the word “life” in above stated case. But it is needed to frame a proper legislative mechanism in the state to ensure basic health facilities for majority population. There are rules and regulations about public health sector but it is needed to implement them effectively. Moreover, it is needed to strengthen the effective role of private sector through proper legislation on this subject. However, government has initiated to establish federal and provincial health regulatory authorities. But still there is need for a vigilant implementation.

written by Aasma Qamer
(This article has been published in Health Policy Advocacy Newsletter in July-Aug. 2007)