Health is considered one of the most fundamental and indispensable rights in the field of human rights, and providing equal and fair access to health services constitutes one of the most important indicators of social justice. However, inequalities and obstacles to the right of access frequently encountered in health law cause this ideal to fall short.

The right of every individual to benefit equally from health services is protected within the framework of fundamental human rights. Health is defined in Article 25 of the United Nations Universal Declaration of Human Rights as “the right of everyone to access health services necessary for an adequate standard of living and for health and well-being”. In this context, access to health services is considered a right and states have an obligation to provide this service. The right to access requires not only the physical presence of health services, but also that these services be accessible, acceptable and equitable.

In the Constitution of the Republic of Türkiye, it is stated that every individual has the right to live in a healthy environment, and it is stated that this right should be provided by the state. Although access to health services is a fundamental right guaranteed by law, significant differences are observed in access to these services due to social inequalities. These inequalities are becoming more evident in various segments of society. Access to health services is not limited to individuals’ ability to exercise their right to health; It also includes factors such as the cost of accessing these services, geographical distance and quality of services.

There are reasons behind this, such as the uneven distribution of the health infrastructure, the high cost of services or the fact that some segments do not have health insurance. For example, adequate regulations and accessibility measures are often inadequate for disabled individuals to benefit from health services. In addition, it is more difficult for people in rural areas to benefit from health services in big cities because the health infrastructure and the number of specialist doctors are generally insufficient in these regions. Therefore, inequalities in the healthcare system make us question whether this right is truly provided equally to every individual. The existence of inequalities is a human rights problem, and the inability to use rights equally, that is, violations of rights, constitute the main source of this problem.

As a result, health inequality poses a serious challenge to the respect of fundamental human rights. Health should not be just a service, but a right that protects human dignity and is accessible to everyone. Elimination of inequalities in health law will be possible with the establishment of a fair health system. In addition, social awareness is also important to ensure equality in access to health services. Societies should be made more aware that the right to health is a universal right. In order for every individual to benefit from health services equally, radical reforms must be made in the health system and legal infrastructure. Health services should be made more equal and accessible not only through legal regulations but also by creating social awareness. Eliminating health inequality is of critical importance not only for the health of individuals but also for the general well-being of the society, and steps taken in this field will contribute to the creation of a more fair and egalitarian society.

Av. Şefik ZİROĞLU & Stj. Av. Ferda AĞIRMATLIOĞLU

SOURCE:

• https://tbbyayinlari.barobirlik.org.tr/tbbbooks/insan_haklari_evrensel_bildirisi.pdf
• https://www.saglik.gov.tr/TR-11472/tcanayasasi-56madde.html#:~:text=%E2%80%9CHerkes%20sa%C4%9Fl%C4%B1kl%C4%B1%20ve%20dengeli%20bir,%C3%B6nlemek%20Devletin%20ve%20vatanda%C5%9Flar%C4%B1n%20%C3%B6devidir.