The rights to health in the constitutions of members states of the World Health Organization, South-East Asia Region

Abstract

This document examines references to the "right to health" in the constitutions of the 11 Member States of the World Health Organization's South-East Asia Region. In some constitutions of the Region, the right to health is a constitutionally protected right, whereas in others health-care provision may only be an obligation of the state, not a right of citizens. This survey looks into the distinctions between these different types of constitutional provisions. From a rights-based perspective, does it make a difference if a constitution names rights for the citizens or obligations for the state, or both? In addition to briefly discussing the meaning of "right to health" in constitutions, the survey also looks at recent developments in the Region. Many Member States have very recently included health-related rights in their constitutions. An overview of the status of the right to health in the Member States of the Region is given, as well as a compilation showing all right-to-health provisions from Member State constitutions.