A Call for Reform

The Constitution of Islamic Republic of Pakistan, as amended up to the Twenty-Sixth Amendment, guaran­tees an array of fundamental rights ranging from the right to life and dignity to the right to education. Notwithstand­ing that, it fails to guarantee an explicit right to health. While the principles of policy, such as Article 38 (d) of the Constitution, put an obligation on the state to provide medical relief to its citizens, an absence of a dedicated fundamental right to health leaves rough­ly 240.

5 million Pakistanis vulnerable to systemat­ic neglect and inadequate healthcare services thereby the omission demands urgent amelioration. The right to health is a fundamental right as recognized in multiple international instruments, including the Univer­sal Declaration of Human Rights (Article 25) and the Inter­national Covenant on Economic, Social and Cultural Rights (Article 12). Pakistan, as a signatory to these instruments, is under an international obligation to safeguard this right.



However, its Constitution remains silent on explicitly guar­anteeing health as a fundamental right. Mobilink Bank wins Silver at Dubai Lynx Awards for its ‘Invisible Heirs’ campaign The fundamental rights enshrined in Chapter 1 of Part II of the Constitution include the right to life (Article 9), the dignity of man (Article 14), and the right to education (Arti­cle 25A). Article 9A, through the Twenty-Sixth Amendment, introduced the right to a “clean and healthy environment”.

While the provision of these rights suggests an indirect rec­ognition of health-related concerns, they do not impose a concrete obligation on the state to ensure accessible, equita­ble and quality healthcare for all citizens. The proponents of the current constitutional framework may contend that the implication of the right to health with the right to life under Article 9 may suffice, and make reference the Su­preme Court of Pakistan’s broad interpretation of the right to life to include healthcare facilities, sanitation, and a clean environ­ment, judicial interpretation, albeit of utmost significance, re­mains inconsistent and is subject to change. The lack of a consti­tutional guarantee reduces right to health from a justiciable right to matter of discretionary policy and prevents individuals from claiming healthcare services as a constitutional entitlement.

Vehari DC opens Suthra Punjab Control Room at DC complex A fundamental right to health would enable Pakistani citi­zens to enjoy a legal basis to challenge inadequacy of health­care policy and omissions in service delivery. Moreover, in light of stark healthcare disparities, with rural populations and lower-income groups suffering disproportionately, an explicit constitutional right would mandate equitable health­care distribution and prioritization of vulnerable population. Furthermore, while various healthcare policies exist, they lack the binding force of a constitutional mandate.

A dedi­cated right would integrate healthcare into the broader legal and governance structure, ensuring consistency in legislative efforts. Into the bargain, enshrining a right to health would align Pakistan with its international human rights obliga­tions, enhancing its standing in global forums and strength­ening its commitment to the Sustainable Development Goals (SDGs), particularly Goal 3 (Good Health and well-being). Education a powerful weapon for youth: MPA To ameliorate this constitutional omission, Pakistan must introduce an amendment that unequivocally guarantees its citizens the right to health as a fundamental right.

This pro­vision should ensure access to affordable healthcare, includ­ing, preventative, curative, and rehabilitative services. Addi­tionally, it should impose a duty on the state to regulate and improve healthcare standards while preventing the commer­cial exploitation of medical services. Moreover, Pakistan’s judicial system must actively construe existing rights in a manner that reinforces health as an indis­pensable component of human dignity and life.

However, re­liance on judicial discretion alone, in the absence of a consti­tutional guarantee, is insufficient. The absence of an explicit right to health in Pakistan’s Consti­tution underscores a grave overnight that facilitates inequali­ty and hinders the development of a robust healthcare system. While other fundamental rights provide a semblance of pro­tection, they fall short of ensuring an indisputable and loop­hole free constitutional obligation.

Pakistan must take imme­diate steps to amend its Constitution to incorporate the right to health as a fundamental right–one that is not merely aspi­rational but legally enforceable. The health of a nation is not a privilege; it is a right that demands constitutional recognition. Planned NADRA office in post office building criticised Muhammad Arsal Kamran The writer is a Legal Associate at Mohmand Pirzada Advocates & Corporate Counsel.

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