UTHRT: THE RIGHT TO HEALTH IN AMERICA PART II.

PART II: THE STATE OF HEALTHCARE AROUND THE WORLD.

When it comes to healthcare, humans have come a long way. Our ancestors left the Rift Valley caves of Africa, they migrated worldwide to build civilizations and cities such as Cairo, Damascus, Athens, Varanasi, the Sacred City of Caral- Supe, and Timbuktu. In their constant battle with death, they tended to their health to increase their chances of living longer. 

During pandemics,  people first turned to prayer and ritual sacrifices. They sought help from the sea, sun, moon, animals, mountains, and trees. However, they soon realized that these methods alone could not prevent sickness and death. As a result, some brave individuals ventured into the forests in search of herbal remedies. Through trial and error, and often at great personal risk, our ancestors learned the secrets of the healing properties of plants, which they then used to benefit their communities.

The reactions of communities to the efforts of healers varied depending on who controlled the political, economic, and social narrative at the time. The healers’ newfound knowledge was adopted based on the reality of their society.

Unfortunately, some were accused of being witches and suffered condemnation and punishment through burning, guillotining, or hanging in public squares. For example, Ursula Kemp, a healer and midwife in England, was accused of witchcraft in 1582 and was torture and executed. Bridget Bishop became the first woman to be executed for witchcraft during the Salem witch trials in Massachusetts in 1692. Additionally, Giordano Bruno, an Italian philosopher, astronomer, and mathematician, was accused of heresy and witchcraft in the late 16^th century and was burned at the stake in 1600. 

On the other hand, certain healers, such as Saint Damien of Molokai, a missionary who dedicated himself to caring for lepers and is recognized as the patron saint of people with leprosy, and Saint Giuseppe Moscati, a physician who provided treatment to the impoverished and sick in Naples, Italy, were esteemed and revered for their remarkable achievements. Additionally, Saint Margaret of Antioch, renowned as the patron saint of childbirth, pregnant women, and infertility, is honored and respected for her invaluable contributions.

Throughout history, there have been contrasting societal responses to healers. However, the presence of traditional healing practices and their cultural heritage is still discernible in various indigenous communities worldwide, where traditional healers continue to be held in high regard.

The era of philosophy, enlightenment, scientific advancements, and industrial revolutions witnessed the emergence of remarkable scientists including the Greek physician Hippocrates of kos, Agnodice, Galileo Galilei, Elizabeth Blackwell, Louis Pasteur, and numerous others. These visionary individuals devoted extensive hours to their research in libraries and laboratories, meticulously studying diseases and pioneering the development of vaccines and remedies to combat them. 

Today, due to the collective efforts of traditional healers and modern scientists, women in numerous regions across the globe can now give birth without fear of risking their lives. Additionally, children have a greater chance of surpassing their first birthday, and parents can enjoy the experience of being grandparents. Despite the emergence of new diseases such as AIDS, Ebola, and Covid-19, it is crucial to recognize the profound impact that medical advancements and improved accessibility have had on human well-being. Consequently, many countries worldwide are dedicated to establishing robust healthcare systems and enacting laws that guarantee their citizens the right to quality healthcare.

The right to health was first mentioned in the 1946 Constitution of the World Health Organization ("WHO"). It states, "the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being." The WHO constitution’s preamble further defines Health as "a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity." Since then, Organizations and Countries have enacted treaties and laws at the international and national levels, as well as adopting policies that align with the common belief that medical progress should benefit and be accessible to the global population.

In addition to the WHO Constitution, the 1948 Universal Declaration of Human Rights, for example, states in Article 25, Section 1 that "everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing, and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in the circumstances beyond his control."

Furthermore, the International Covenant on Economic, Social and Cultural Rights, adopted on December 16, 1966, recognizes in its Article 12, Section 1 "the right of everyone to the enjoyment of the highest attainable standard of physical and mental health."

As such, the prevailing understanding is that the right to health encompasses both freedoms and entitlements. Countries and Organizations are expected to provide healthcare to their constituents without discrimination based on factors such as race, gender, and background.

Guided by their humanitarian principles, countries established the World Health Organization ("WHO"), with the United States emerging as one of its  primary contributors, providing a substantial funding of $693 million for the period 2020- 2021. Similarly, dedicated individuals founded non-profit organizations like Doctor Without Borders ("DWB"). These organizations persist today, striving to make a positive impact on the health and well-being of people worldwide, despite their inherent limitations. 

For example, on Saturday, October 8, 2022, the WHO Africa Tweeted account shared a significant achievement, stating, "Due to vaccines provided, 20 million people are walking today who would have been paralyzed by polio if not for efforts to deliver vaccines to children around the world". On the other hand, DWB extends medical assistance over 70 countries, offering crucial humanitarian aid to those in dire need. 

Nevertheless, it is essential to acknowledge the well-documented inefficiency of the World Health Organization (WHO). The organization often faces criticism for individuals within its ranks who prioritize self-promotion, flaunting their jobs titles as “ World Savers,” and engaging in receptions while entangling themselves with politicians solely purpose to secure additional grant funding and maintain their preferred lifestyle. However, when it comes to fulfilling their actual job responsibilities, they are nowhere to be seen, hindered by bureaucratic sluggishness, incompetence in addressing real issues, or displaying deep-seated prejudice in their approach serving specific regions of the world. Consequently, numerous experts have criticized the WHO for its delayed response, which significantly contributed to the initial spread of the Ebola virus in 2014. 

On March 9, 2019, the Centers for Disease Control and Prevention (CDC) estimated that a total of 28,616 people died from Ebola around the world, with 11,310 deaths reported in Guinea, Liberia and Sierra Leone during the 2014-2016 outbreak. 

In the case of COVID-19, there have been allegations that World Health Organization (WHO) secretly covered up the severity of the situation, solely to protect certain countries and prioritize their financial interests.

As of September 2021, according to data from the World Health Organization, the total number of deaths worldwide due to COVID-19 exceeded 4.6 million. These staggering death tolls should prompt us to reflect on efficient functioning of such organizations and demand accountability for the great good of humanity.  

On the other hand, non-profit organizations are often compared to doctors who provide remedies without properly diagnosing their patients. They may justify their actions by claiming to possess resources that their clients lack, leading to power dynamic that can result in precarious and temporary outcomes. However, it is important to consider that their reputation and credibility rely on their work, and therefore they must continue to exist.

Nonetheless, non-profit organizations should strive to address the root causes of issues rather than merely providing short-term solutions. By conducting thorough assessments and understanding the underlying problems, they can offer more effective and sustainable assistance to those in need. This approach ensures that their efforts have a lasting impact and contribute to long-term solutions.

In order to address the pressing need for improved healthcare, many countries have enacted legislation to guarantee their citizens the right to access healthcare services. A notable example is the Republic of South Africa, whose constitution (1996), Chapter II, Section 27 on Health care, Food, and Water and Social Security explicitly affirms this right. According to the constitution, “everyone has the right to have access to healthcare services, including reproductive health care.” Moreover, it emphasizes that the government is obliged to take reasonable legislative and other measures, considering the available resources, to “the State must take reasonable legislative and other measures, considering the available resources, to progressively realize these rights.

Furthermore,  the constitution explicitly states that “No one may be refused emergency medical treatment”. This provision underscores the importance of ensuring that emergency healthcare is accessible to all individuals, regardless of their circumstances.

Similarly, Also, the Constitution of India (1950) Part IV, Article. 47, outlines the “duty of the State to raise the level of nutrition and the standard of living and to improve public health.” In Ecuador, its 1998 Constitution, Chapter IV: Economic, Social and Cultural Rights, Article. 42 guarantees “the right to health, its promotion, and protection, through the development of food security, the provision of drinking water and basic sanitation, the promotion of a healthy family, work and community environment and the possibility of permanent and uninterrupted access to health services.” 

Despite the fact that many scholars acknowledge the impact of country treaties and laws, and organizations on healthcare around the world, there are still some who oppose the belief that healthcare is a human right. One of these individuals is Mr. Philip Barlow, an American Consultant Neurosurgeon. In his July 19, 1999 publication in the National Library of Medicine, he stated that “health care is not a human right.” and offered three reasons for his belief. 

Firstly, he argued that healthcare is difficult to define. Secondly, he emphasized that if healthcare were considered a right, it would imply a duty on the part of others. Finally, in the third reason, he stated that “the philosophical basis of all human rights has always been shaky.” 

Richard D Lamm, former Governor of Colorado, also disagreed with the idea of making healthcare a right, as he believed it would require the government to allocate a significant portion of its resources to providing healthcare to citizens. Additionally, Mr. Imre J P Loefler, former editor of the Nairobi Hospital Proceedings and Frequent Contributor to the British Medical Journal, did not find the concept of a right to health feasible. Instead, he encouraged countries to improve population health through a socio-economic policy rather than relying on a legal right to health.

I respect and acknowledge the concerns of these scholars who oppose the idea of healthcare as a human right. However, I believe that the lack of an agreeable definition of healthcare, excessive governmental expenses, or the need for socio-economic policies should not hinder the effort to provide an optional choice on healthcare to every individual.

Countries such as South Africa, India, and the Equator have enshrined the right to health in their Constitutions, but they may not have all resources needed to achieve a perfect healthcare system. Nonetheless, they are taking steps towards improving access to healthcare, recognizing that there is no such thing as an ideal healthcare system.

In my opinion, all healthcare solutions are time-bound and subject to change as life evolves. Therefore, our only option is to adapt to new changes. For instance, when it comes to reliability and speed, we cannot compare the first car that Henry Ford  designed in 1896 to the latest 2023 Ford car models. Despite early Ford’s cars flaws, we appreciate Mr. Ford for inventing the automobile for the betterment of society. It does not make sense to come up with excuses for not adopting a healthcare system because it might not perfectly work. Instead, each generation should strive to provide a solution, and the next generation can improve upon it.

 Therefore, I commend all countries that have enacted laws guaranteeing their citizens the right to choose between healthcare systems and insurance systems. In my view, the right approach to healthcare on a global scale is to encourage cooperation rather than competition while respecting individual rights.

Best Regards

Alpha

UTHRT; THE RIGHT TO HEALTH IN AMERICA PART III AND FINAL COMING SOON!