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KMID : 0986720130210020007
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Korean Journal of Medicine and Law
2013 Volume.21 No. 2 p.7 ~ p.28
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The Intersectionality of Human Rights and Health: Dignity as Seen from the Perspective of Health Care
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Jung Min-Soo
Pak Un-Jong
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Abstract
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This study reflects an attempt to analyze the significance of human rights and dignity and their intersectionality with health as a right from the perspective of health care and, by interpreting and applying them, to broaden the legal horizons of the right to health. In particular, we focused on the concept of dignity as social relations. While human dignity is dignity-of-self directly bestowed by an individual on himself or herself as an autonomous human being, social dignity is dignity-in-relations regarding how such human dignity is realized in specific social interactions. Through the concept of social dignity and as the conditions for humane life and well-being, health and human rights have three intersectionalities. First, there is their correlation with human rights policies, programs, and praxis that address health problems. They interact to reach the optimum balance between the goals of public health and human rights norms. Second, there are health effects brought about by infringements on one’s rights. Infringements on human rights can cause harm in relation to individuals’ health security. Third, the promotion and protection of populations’ health are inseparably connected to the promotion and protection of human rights. Consequently, the interdependence of health and human rights essentially, conceptually, and practically lies within the single framework of social dignity. The praxis of health promotion within communities based on the framework of human rights helps to enrich one’s understanding of such dignity and to vitalize health-promotion activities. In addition, it provides new opportunities to the expansion of the scope of the securement of the right to health in contemporary society.
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KEYWORD
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Right to health, Human right, Dignity, Healthcare, Intersectionality
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