Health to be a fundamental right soon

The People’s Movement for the Rights of Patients has urged that a constitutional amendment to make health a fundamental right be introduced soon. The PMRP has written to Health Minister Nimal Siripala de Silva and Constitutional Affairs Minister DEW Gunasekera reiterating the need for this amendment.

A draft amendment to this effect was submitted by the PMRP in association with the Law and Society Trust to the two Ministers early last year but the PMRP has expressed regret that no effective steps have been taken. In the letter to the Health Minister the PMRP states:

Congratulations on your appointment as Chairman of the Executive Board of the WHO. We hope this appointment would further inspire you, Health Ministry officials and health action groups to work harder to restore a health service where the wellbeing of the patient is given priority.

We believe that one important step in this direction would be a constitutional amendment to make health a fundamental right. This has been done in most countries. Last year our movement in association with LST drafted such an amendment to make health a fundamental right. We submitted it to your Ministry and the Ministry of Constitutional Affairs but we regret that steps have not yet been taken to present this amendment to parliament.

We are again sending you a copy of this draft amendment and we hope you would take early action to implement this amendment which we believe would be particularly useful to prevent the growing number of strikes in the health service.

The proposed Amendment is as follows:

1) Everyone has the right of access to a) Healthcare facilities; b) Essential goods and services of adequate scientific and medical quality including emergency medical treatment irrespective of the citizen’s ability to pay for the same; c) sufficient food and water; d) appropriate social assistance

2) The proper organization and administration of healthcare and adequate control and treatment of diseases shall be made available by the state through adequate budgetary provision which shall not be reduced for whatever reason; provided that, nothing in this article shall prevent an increase in the health share of the budget as and when such a need or demand may arise.