Master'sOpen Access

Right to health in Constitutional Law

2012
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Advisor: Yrd. Doç. Dr. Tijen Dündar Sezer

Abstract (EN)

Right to health appears to be a fundemental necessity in a constitutional social state. Although right to health is comsidered as a traiditional social right; connection of this right with civil and political rights increases it's importance. Namely, pre-condition of fully enjoying the fundemental rights and freedoms is also enjoying right to health. This is especially important within the scope of right to live and a dignified life depends on right to health. Individuals who are deprived of healthy living conditions and health care, are not capable of enjoying so many fundemental rights properly.Right to health aims us to two elements; namely right to acces health care services and living in healthy conditions. Right to access health care services includes prevention of diseases or right to access necessary facilities, products and services in case of having a disease. Right to live in healthy conditions constitutes of socio-economic factors such as housing, water, food and environment.As a positive statute right; realisation of right to health depends on state's actions. That's why right to health requires a cost and allowance of resources. According to this; countries which lack of necessary resources can not fully realise this right. As far as we are concerned; this is the reason for foreseeing maximum usage of available resources and progressive realisation of right to health by the UN International Covenant on Economic, Social and Cultural Rights and supervision organ of the Covenant UN Committee on Economic, Social and Cultural Rights. On the other hand there are some elements of the right to health which require immediate action. According to their importance some of the obligations can not depend on the adequacy of sources. These urgent obligations are prohibition of discrmination and emergency care and services.Keywords: Health and Human Rights, UN International Covenant on Economic Social and Cultural Rights, Health Care, Healthy Living Conditions, Medical Care, Principle of Progressive Realization, Lack of Resources, Immediate Obligations, Minimum Core Obligations

Author

Dr. Türker Ertaş

How to Cite

Türker Ertaş (Master Thesis). Right to health in Constitutional Law, 2012, Dokuz Eylül University.

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