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One of the interesting facets of human rights law is that while the State is obligated to shelter the same, individuals enjoy the liberty whether to culminate a particular right or not. This is precisely why, rights related to abortion and even euthanasia exist globally in numerous jurisdictions, indicating that personal autonomy supersedes aspects of societal pressure and public morality, unless, the same does not threaten the very existence of the State. However, in the United States of America, which is often regarded as the guardian of human rights and democracy all individuals were required to take healthcare insurance on a mandatory basis, paying little heed to the personal choices of citizens in this regard. While it assures excellent infrastructure and quality care for the sick, it is certainly expensive and yet, not regarded as the best. On the other hand, India does not per se, in its Constitution recognize either the right to health or that of healthcare, but the Judiciary has been benevolent in interpreting this document in a fashion, compelling the State to uphold the same at all times. This intervention by the Judiciary in numerous instances has enabled the establishment of a robust jurisprudence with regards to this right, though, the practical work at the ground level, be it in terms of employing quality medical practitioners, assuring better instruments and tools for treating patient’s needs a lot of improvement. This research paper, besides aiming to assess the facets of law and policy concerning the implementation of the right to health in India and the United States of America, the Author, through the medium of this paper, seeks to showcase the areas where these democracies need to work on for improving the situation of the healthcare system prevailing therein. In a nutshell, the Author, after discussing the established jurisprudence with regards to the right to health in these countries, shall also shed light on how the disparity between the Constitutional mandate and the bureaucratic lethargy in coping with the same can affect the very basic rights of the citizens therein.
Keywords:
Health Law, Affordable Healthcare, Constitutionalism, Human Rights, Democracy
Cite Article:
"Right to Health in India and the United States of America - A Comparative Analysis", International Journal of Science & Engineering Development Research (www.ijrti.org), ISSN:2455-2631, Vol.7, Issue 5, page no.819 - 822, May-2022, Available :http://www.ijrti.org/papers/IJRTI2205135.pdf
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000205106
ISSN:
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator