We have a right to good health
Health is a human right and in Australia the right to access equal and quality health care is universal and inalienable — it applies to everyone and should not be taken away or refused. Australia is party to seven of the United Nations human rights treaties. One of these is the International Covenant on Economic Social and Cultural Rights, which outlines the right to health.
The definition of health, however, is open to interpretation and the covenant provides little guidance. But it does include the right to choose and control one’s own body and health, and the right to be free of non-consensual treatments. We’re all aware that everyone has a unique view of what health means. It’s often informed by our own experiences, circumstances, training, culture or beliefs.
For example, people living with chronic disease, invisible illness and disabilities, may have an entirely different view about health, compared to a person with limited experience of illness. Additionally, different health practitioners, clinicians, researchers, policy advisors, politicians and legislators will all hold a unique perspective according to their remit, education and the theoretical underpinnings of their profession.
This is why we all need to work together — to benefit all.
According to the World Health Organisation, health is “a state of complete physical, mental and social wellbeing and not merely the absence of disease and infirmity”. That’s pretty broad, isn’t it?
Human rights are based on equality and non-discrimination — they apply to all people regardless of background, status, race, gender or beliefs. They are also interdependent and indivisible — essentially they all speak to each other, and each human right “cannot be enjoyed fully without the other(s)”, according to the United Nations Human Rights Office of the High Commissioner.
Enjoying physical and mental health, and appropriate health care at the highest achievable standard, is a fundamental human right that Australia has agreed to. Furthermore, the Australian Charter of Healthcare Rights outlines what people, regardless of status, can expect in all public and private health settings across the country. It was endorsed by all of the State and national health ministers in 2008, with revisions released in a second edition of the charter in 2019.
Every person in Australia has the right to access services and treatments that meet their health needs. Everyone has the right to safety, both clinical and personal, and also feeling safe, emotionally, physically and mentally. Being respected and treated with dignity as an individual is a key component of the charter. Historically, the movement towards person-centred health care has been underpinned by this principle.
Another core component of health rights is being given access to all available information and treatment options, and working in partnership with health providers to make decisions based on informed consent. Many people aren’t aware that they can ask questions to gather information, and be assisted to help make sense of their options. Additionally, privacy and feedback, including complaints, are a fundamental part of the caring relationship.
If you have some concerns about your health rights, or a person you care for, there are a couple of places you can go. Health Consumers’ Council (WA), Consumers of Mental Health WA and Carers WA are brimming with good quality information and resources.
The national treaties and governance documents are pretty dense reading for the novice. But knowing these instruments exist, and that Australia is party to them, provides some assurance when dealing with health services and making decisions relating to your own health needs.
Health Consumers’ Council (08) 9221 3422 Consumers of Mental Health (08) 9258 8911 Carers WA 1300 227 377
This article was first published in The West Australian in Renée Gardiner’s weekly column in Agenda, 11 December 2021.