Institutionalization of human rights to health care in the international legal space

Abstract

Work analyzes international and national legal documents related to the moral right to health and the obligations of states to ensure it. International health law includes the right to health care as one of its constituent parts. The state's concern for the health of its citizens is not only related to the problem of improving health, but also to other fundamental norms of international human rights law, such as dignity and equality, which require the provision of basic medical care and the fair distribution of all resources Health Care. The conditions for ensuring the highest attainable level of health and their connection with the level of socio-economic development of the state, the availability of resources and opportunities for international cooperation are analyzed. International law on human rights to health focuses on the social determinants of health. Many social determinants of health, including education and water, are separate international rights. Components articulating other recognized rights, clearly related to the right to health, limit the scope of its possible realization. Expanded access to health care does not correlate with the normative goals of the right to health, and health care is not a strong causal factor in achieving it, at least compared to many social determinants of health. However, universal access to health care is a valuable asset for ensuring the realization of the right to health, so most states have enshrined the right to health (in one sense or another) in their basic laws. It is no accident that the declaration on health care (or "right to health") is enshrined in most modern constitutions, which in itself gives this right a special social and legal status, taking into account the importance of the basic law in the hierarchy of regulatory acts of any country. Such a legal arrangement does not always mean the possibility of actual realization of the right to health care, this is largely facilitated by the political, economic and cultural conditions of a particular country.