Right to access medicine within the scope of the right to health

Individuals, who are the cornerstone of society, must be healthy in order to survive and participate effectively in social life. The right to health is one of the most fundamental rights that individuals have just because they are human and is necessary for them to live a dignified life. This right is recognized and protected in national and international legal texts as an integral part of human rights. The right to health aims for individuals to be in a state of complete physical, mental and social well-being. The right to health in Turkey is guaranteed by the 1961 and 1982 Constitutions and is supported by legal regulations determining the responsibilities of the state in this field. The social state principle envisages the state's active intervention in economic and social life in order to ensure the welfare of individuals and establish social justice. In this context, protecting and realizing the right to health is one of the basic elements of the social state understanding. The state is obliged to ensure individuals' access to health services and to improve the quality of these services. The scope of the right to health is discussed in different dimensions in national and international law, and the obligations of the state regarding this right are regulated in detail. This study examines the constitutional foundations of the right to health, the state's obligations to protect and realize this right within the framework of the social state principle, and the current situation of health services in Turkey. In the thesis, the historical development of the right to health is discussed in the light of national and international regulations and the constitutional regulations and practices in Turkey are analyzed in outline. In addition, current problems encountered in the provision and accessibility of health services and policies aimed at solving these problems are discussed in the light of judicial decisions. In our study, the definition, elements, terminology and principles of the social state and the right to health will be examined theoretically, the form of regulation in Turkish Law and the determination of needs will be examined, and its relationship with the right to life, one of the fundamental rights and freedoms, will be evaluated. Controversial issues and judicial decisions will be evaluated together in meeting the right to access medicine within the scope of the right to health. This study aims to reveal how the right to health is shaped in the context of the social state principle and how this right can be effectively protected.