Fundamental Rights with Reference to International Law and Constitution of India During Covid-19
- by Aditi-Harshraj
- Aug 24, 2020 19:23
International Law guarantees the right to health to everyone and also obligates the government to take essential steps to prevent threats to public health. Albeit, restrictions can be laid down in reference to public treats. So, restriction on the Right to movement is justified. According to the International Covenant on Economic, Social, and Cultural Rights (ICESCR), it is the duty of the State to take preventive steps to control the epidemic and other diseases along with treatment facilities. The State is also required to provide medical service to the sick. Apart from this, the State is required to maintain equity in health, provide food and nutrition, nourishing & water, sanitation, hygiene, and safe and healthy working conditions. Article 12 of ICESCR clearly states that every State should take steps to maximize available resources to attain the highest standard of health.
The term ‘highest standard of health’ has been taken from the World Health Organization Constitution which means that the State should level the Social playing field with respect to health. This term evolves over time with reference to the medical inventions and available resources. Certain factors are beyond the control of the State. Despite this, Fundamental Rights in Content to Right to Health has been violated in India to the fullest. The Right to health has been guaranteed under Article 21 of the Constitution of India. In Consumer Education and Research Centre v. Union of India, in this case, the Supreme Court on 27 January 1995 recognized right to health as the part of Article 21 of the Constitution of India and also held that the workers should be given proper equipment and authority must take care of their health. It is the unpalatable fact that the Constitution guarantees a set of rights of people but in reality, the State suffers to implement such things.
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