The legal enshrinement of the right to health and the role of the constitutional judiciary in protecting it(comparative analytical study)

Abstract

   The right to health is inseparable from the rest of human social rights, but rather it is the engine of these rights and without it a person cannot practice his life normally, and for this reason the suffering generated by health problems makes it urgent to guarantee the human right to health, so we see that the international community is unanimous in legalizing The right to health in international, global and regional texts on the one hand, and on the other hand, we found that many countries tended to enshrine constitutional provisions and issue legal legislation for the right to health, and the supreme courts tended to enable individuals to litigate before them to claim protection of their right to health.                 

The research aims to clarify the legal enshrinement of the right to health in international documents and national legislation at the level of the Republic of Iraq, the State of India and the Arab Republic of Egypt, and to stand on the role of the constitutional judiciary in those countries regarding this right and whether it was approved in enabling individuals to claim the right to health, and to explore these positions will be By adopting the comparative analytical approach and the descriptive approach. The research was also divided into two main sections, the first of which dealt with clarifying the concept of the right to health, and the second of them went out to review the position of the constitutional judiciary on the right to health, until the research reached a conclusion that is the difference in the constitutional and legal formulations that stipulated the right to health according to different philosophy The legislation and the circumstances surrounding it and the experience possessed by the legislator, and the constitutional judiciary differed in its position regarding the protection of the right to health between a strong position that enables individuals to litigate in this field with ease and ease in terms of procedures, and an unclear position regarding the right to health or health care and represents This is the position of the Federal Supreme Court in Iraq, and this is due to the novelty of the right to health in the Iraqi constitutions on the one hand, and the novelty of the establishment of the Federal Supreme Court on the other hand, compared to its peers from the countries under comparison, and the scarcity of causes related to the right to health.