Last Update:  March 04, 2008  

National Workshop and National Public Consultation on Right to Health Care

Dates: 5 - 6 September 2003

Venue: Mumbai

With the perspective of establishing the Right to Health Care and ensuring access to quality health care for all, JSA organized a National Workshop and National Public Consultation on the ‘Right to Health Care’ on the 5^th and 6^th of September 2003 (the 25th anniversary of Alma Ata declaration), in Mumbai. The public consultation, which was in the nature of a public hearing, was conducted in the presence of Justice Anand, Chairperson of the National Human Rights Commission (NHRC). 

Participation

The workshop was attended by over 250 delegates from 16 Indian states, representing 85 different organisations dedicated to health and rights based movements including rights for women, children, people affected by HIV, displaced people, people living in areas of conflict, as well as a number of academics, health policy analysts, social and health activists and other interested citizens

Sessions

During the workshop there were sessions on different aspects of health care as a fundamental right including sessions on right to basic (including PHC) health services, women's right to health care, right to essential drugs, health care rights of unorganized workers and urban poor, Health rights of HIV / AIDS affected persons, Health rights in situations of conflict and displacement. Similarly, there were short plenary presentations on 'Children's right to health care', 'Right to mental health care', 'Health rights related to the Private medical sector' and 'Health sector employees and the right to health care'

Testimonies

In a subsequent session with parallel groups, grass root activists narrated in their own language, their stories of denial of health care in Primary Health Centres, rural hospitals and urban public health facilities. These structural deficiencies, including lack of basic drugs or vaccines, insufficient staff and inadequate patient transport facilities had led to their relatives or people from their area to suffer or even lose their lives. In all about 50 such cases were presented, based on careful documentation by PHM-India activists from different states with the help of a standard questionnaire.

Subsequently, six testimonies and case studies were presented before Justice Anand, demonstrating how weakened public health services are denying health care to the poor. These highlighted how essential drugs and vaccines are absent in public health institutions, emergency care is not available at sterilization camps and treatment is delayed because doctors are not available and ambulances have not been deployed

NHRC Response

In the 'National Public Consultation on Right to Health Care', Justice Anand, Chairperson, National Human Rights Commission (NHRC) mentioned in his inaugural speech that the Supreme Court has taken a view that health care is a fundamental right. At the end of his speech, Justice Anand stated his clear position that "Obligation of the state to take care of primary health is paramount, total and absolute. The State cannot avoid its constitutional obligation on account of financial constraints."