The Impact of Normative Foundation of Human Dignity on the Right to Health as a Human Right: From Theory to Action
This study attempts to answer the question of what constitutes the right to health as a human right and how it can practically help to normalize this right.
In this analytical study, firstly, the definition and position of human dignity as the basis of human rights are explained. Subsequently, the normative impact of human dignity on the right to health will be addressed and analyzed in the light of international documents and judicial procedure.
The link between human dignity and human rights can be explored in different ways. Historical origin, theoretical derivation, interpretive approach, and source of legitimacy are the components that explain the relationship between human dignity and human rights. Undoubtedly, every legal system needs a theoretical basis; international documents and judicial procedure show that human dignity, by affecting the right to health as a human right, not only is the source of its legitimacy and specifies its theoretical framework but, it is capable of standardizing and expanding it through extensive interpretation. Today, the right to health encompasses a wide range of human rights, including the right to safe drinking water and food, healthy environmental and occupational conditions, access to health information and education as well as health care.
The findings show that the basis for the right to health is not merely human survival but inherent dignity of man. This foundation of the right to health enables judicial bodies to use this tool to support more conditions under the right to health and health care
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