Article 25.
1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of 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 circumstances beyond his control.
2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Universal Declaration of Human Rights
Throughout the history of man, a great deal of thought has gone into studying the basic rights of humans. Do we have rights? Where do our rights derive from? At the very minimum, to what are humans entitled? Great documents in our history have addressed the issue and added to our understanding of basic human rights. The Bible tells us that we are each responsible for our fellow man. The Magna Carta broke ground as a written charter of inviolable rights and liberties.
The American Declaration of Independence relates that men are "endowed by their Creator with certain unalienable Rights". It is the function of the government to ensure these rights. [T]o secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed..."
The preamble of the US Constitution states that the government was formed, in part, to "...promote the general welfare and secure the blessings of liberty..." The Bill of Rights enumerates certain of our basic human rights.
In 1945, representatives from 50 Countries met in San Francisco, California to draw up the Charter of the United Nations. One of the stated purposes of the creation of the United Nations was "To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion". The member states of the United Nations are required to act in good faith to fulfill their obligations under the charter.
On December 10, 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. This historic document is a global understanding of the basic rights of human beings. At a very minimum, human dignity demands that people be afforded these basic human rights.
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Preamble-Universal Declaration of Human Rights.
Among these basic human rights is enumerated that "Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family... including medical care".
The United States has been engaged in debate over healthcare reform since the election of President Obama. The cost of healthcare in this country has skyrocketed. The cost of health insurance has multiplied, and access to healthcare has shrunk. Under our current system, millions and millions of citizens have no access to health insurance. For the people who do have health insurance coverage, the cost is high, and coverage is spotty. Regardless of politics, we almost universally agree that the "system is broken" and that our healtcare system is in need of reform.
However, I have been surprised at the number of people in this debate who will not concede that access to healthcare is a basic human right. Our healthcare system has been turned over to private enterprise. Many people look at healthcare as a business. The people who are the gatekeepers of our healthcare system are supposedly reaping their compensation due to their great business acumen, and the millions of uninsured families are kept out of the system due to their own moral failures. This kind of thought permeates the conservative movement in the United States. Not only is it factually wrong, but it misses the point. If the current system deprives people of their basic human right of affordable access to medical care, then the system must be reformed.
Republicans balk at the suggestion that all people are entitled to services regardless of ability to pay. It is antithetical to their worldview. Many will resist any policy change that reflects such a notion. But as human beings, the notion of human rights and human dignity is hard-wired into our brains.
EXAMPLE: You're walking on a sidewalk in a large city. A man in front of you grabs his chest and falls to the ground. You instinctively grab your phone and call 911. You administer first aid if you are able, and ask if anyone present is a doctor. You stay with the man until the Ambulance arrives. In this set of circumstances, you don't question the man to see if he is "worthy" of healthcare before you call for an ambulance. You don't rifle through his wallet to see if he has a health insurance card, a credit card or a green card. All of these things are not important. This person is entitled to healthcare by virtue of being human.
When we're on the individual level, the issue of human dignity, compassion and human rights aren't that difficult. Why, then, is it so difficult when were talking about forty million people? In the example above, after you have seen the man off in his ambulance, your part is over. The man will go on to the hospital for service. He will be admitted, and he will get some care. The hospital will probably add a lot of fraudulent, unnecessary, and excessive charges to the patient's bill, which he will not be able to pay. Before he leaves, the financial guy will come in and stand at the foot of his bed. They will talk about how he intends to pay his bill. Over the next several months, the patient will struggle to pay his bill. He may be unable to pay. He will get dunning letters from the hospital, and then from the collection agency, and then from a lawyer. He will get sued for the outstanding amount. His wages will get garnished, and a lien placed against his house. He will file for bankruptcy. He will lose his home. This scenario will replay itself millions of times over the course of a year.
Why do we have such little regard for human rights in this country? We give a lot of lip service to "Human Rights", especially when we are comparing our country to our political rivals. We have criticized China and Saddam Hussein's Iraq for their "Human Rights record". Yet we have very little understanding of human rights in our own country.
The resistance we have experienced during the healthcare debate demonstrates our need to educate future generations about our basic human rights, including the right to affordable healthcare. We need to teach our children about the dignity of human beings, that they have basic rights, and that it is the role of the government to protect and insure these rights. The Charter of the United Nations and the Universal Declaration of Human Rights must be studied in the schools alongside the Declaration of Independence and US Constitution. If we are ever going to have a real debate about healthcare, we must be able to understand why it is important.
Published by Michael Drayton
Attorney at law, husband, father and gardener. View profile
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