Definition, structure and content of the right to health care
Authors: Kadukha Ivan Vasilyevich 
Published: January 2025

In the evolving landscape of international law and the globalized world, the right to health care encounters numerous challenges concerning its definition, structure, and content. Despite its universal recognition as a fundamental human right, the actualization and even the fundamental understanding of the right to health care remain debatable at both national and international levels. This research seeks to delve into a more profound comprehension of the right to health care beyond mere access to medical services, recognizing its complex nature.

This study aims to explore and analyse the concept of the right to health care within the framework of contemporary international and national legal norms. It focuses on identifying the primary components that shape the right to health care, elucidating its structure, and revealing the breadth and content of this right across various jurisdictions. The paper examines the integration of socio-economic, environmental, and cultural factors into the right to health care, highlighting its multifaceted character and the need for integrated efforts for its implementation. Through an analytical review, this study contributes to understanding how the right to health care can be effectively applied and realized to improve the quality of life globally.

The research findings suggest that the contemporary definition of the right to health care is the result of an evolution of legal norms and concepts shaped by globalization, medical advancements, and societal value shifts. Internationally, the right to health care is closely linked to the development of human rights law and reflects a global consensus on the necessity to provide essential medical services and protect human health as an integral part of human rights. According to the World Health Organization, the right to health care extends beyond access to medical aid, encompassing a broader range of factors that promote a healthy lifestyle and well-being, including clean water, sanitation, adequate nutrition, safe housing, and a healthy work and living environment.

On a national level, the realization of the right to health care can vary significantly based on the legal framework, economic conditions, and health care organization in each country. Despite diverse approaches, there is a common understanding of the necessity to ensure basic access to medical services for all citizens, as required by international law. Many countries have adopted national legislation defining the right to health care as a fundamental human right, establishing legal frameworks for its protection and realization.

The concept of «soft law», such as resolutions, declarations, and recommendations by international organizations, plays a crucial role in the development of the right to health care. While these normative acts do not have direct binding force, they are pivotal in forming standards and best practices, thus facilitating progress in the implementation of the right to health care both internationally and in specific countries.

In conclusion, the right to health care has significantly transformed, adapting to modern challenges posed by globalization, scientific achievements, and changes in societal values. The modern understanding of this right includes not only traditional access to medical services but also a broader recognition of social, economic, environmental, and cultural factors that contribute to health and well-being. The structure of the right to health care must be multifaceted, considering the various aspects that impact human health in today’s world. This includes not only medical but also social, environmental, and economic interventions aimed at ensuring conditions for a healthy lifestyle. The content of the right to health care, in its contemporary understanding, requires states not only to provide access to quality medical care but also to actively implement policies that support the overall well-being and health of the population. This involves creating incentives for healthy eating, supporting physical activity, ensuring access to clean water and air, and developing safe and healthy living conditions.

This research underscores the necessity for further studies and dialogue among states, international organizations, and civil society to develop integrated approaches that consider the broad spectrum of challenges and opportunities associated with the right to health care in the 21st century.

Key words: international law, globalization, medical services, legislation, patient rights.