ABSTRACT
An evolving and progressive society must adapt itself as to promote the interests of all groups of society and protect the more prone sections and all this change shall be facilitated by the government of the country. Judiciary is an indispensable branch of the government tasked with the job of settling disputes, interpreting the law and overall administration of justice. However, judiciary’s most prominent responsibility remains enforcement of fundamental rights. This research paper shall examine the judiciary’s role in safeguarding public health, focusing on access to healthcare during the COVID-19 pandemic.
The paper shall overview various international conventions like ICESCR and Convention of Rights of a person with disabilities that have recognised right to the enjoyment of the highest standard of health which have inspired national healthcare policies and judicial decisions. This right to health is also implicit in India’s Constitution in Preamble, Fundamental Rights and Directive Principles of State Policies. This shall be followed by Indian judicial precedents that have reinforced fundamental right to access to healthcare facilities under Article 14 and 21, positively impacting public health. The COVID-19 pandemic was an unprecedent tragic event, which overburdened country’s healthcare system and forced government to take prompt action.
The paper investigates judicial interventions during the pandemic, including vaccine distribution, lockdown measures, and healthcare infrastructure enhancement and highlights judiciary’s supervision of legislative actions, ensuring accountability and transparency in pandemic management. The paper shall address the need for judicial preparedness in the light of systematic healthcare challenges and critically analyse the efficiency of judiciary’s pandemic response. The paper shall conclude with recommendations to contend with any such future contingencies.
Keywords: Judicial response, Enforcement of rights, Access to healthcare, COVID-19 pandemic, public policy.
INTRODUCTION
The right to access healthcare is a fundamental aspect of human dignity and well-being, acknowledged in various international frameworks. It refers to the ability of individuals to obtain necessary medical services without facing discrimination or barriers.
As human beings, we constantly prioritize our health and that of our loved ones. No matter our age, gender, socio-economic status, or ethnicity, we view our health as our most fundamental and valuable asset. Poor health can prevent us from going to school or work, fulfilling family duties, or engaging fully in community activities. Consequently, we are often ready to make significant sacrifices to ensure a longer, healthier life for ourselves and our families. In essence, when discussing well-being, health is usually our primary focus. The World Health Organization constitution states a right to the “highest attainable standard of health” and defines health broadly as “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.”[1] In recent years, there has been growing focus on the right to the highest attainable standard of health, highlighted by human rights treaty-monitoring bodies, the WHO, and the Commission on Human Rights (now succeeded by the Human Rights Council). In 2002, the Council established the role of Special Rapporteur on the right to the highest attainable standard of physical and mental health. These efforts have contributed to a better understanding of the right to health and the ways in which it can be realized.
Access to healthcare is crucial for achieving health equity, as unequal access can exacerbate disparities among different populations. Various factors, including income, geographical location, and systemic inequalities, can hinder individuals from receiving adequate care. The COVID-19 pandemic has further emphasized the necessity of strong healthcare systems and the importance of equitable access, revealing vulnerabilities within health infrastructures worldwide.
Promoting the right to access healthcare is essential for fostering healthier communities and improving overall quality of life. As societies work towards achieving universal health coverage, it becomes increasingly important to ensure that every individual can access the care they need, thereby supporting public health, economic stability, and social justice. Ensuring this right serves as a foundation for a healthier, more equitable society.
[1]World Health Organization, Constitution of the World Health Organization art. 1 (1946).