State Responsibility for the Fulfillment of the Right to Indonesian Citizen Health Constitutional Perspective

DOI

10.2991/assehr.k.211102.189How to use a DOI?

Keywords

State Responsibility; Human Rights; Health

Abstract

One of human rights is the right to health which is an element of welfare must be realized as stated in the mandate of the Preamble to the 1945 Constitution of the Republic of Indonesia. Therefore, the state has the responsibility to fulfil the right to health for all citizens without exception. This research uses a statutory approach. The result showed that the state has an obligation to provide health fulfilment as a concept of a welfare state as stated in the Indonesian constitution (article 28 Hayat 1). The state’s neglect of the right to public health is a violation of the constitution. Every citizen has the right to receive health services provided by the state because it is a basic right inherent in the individual (Article 1 point 1 of Law number 36 of 2009 concerning Health). The responsibility of the state regulates and protects the right to public health as well as to provide adequate health facilities and facilities that are easily accessible to the public. Hospitals as implementers of health services must be monitored intensely, in order to provide health services to citizens as mandated by the constitution.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Achmad Hariri
AU  - Lilik Puja Rahayu
AU  - Cahyaning Bhakti Utami
AU  - Edi Firman
AU  - Nur Azizah Hidayat
PY  - 2021
DA  - 2021/11/22
TI  - State Responsibility for the Fulfillment of the Right to Indonesian Citizen Health Constitutional Perspective
BT  - Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
PB  - Atlantis Press
SP  - 163
EP  - 168
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211102.189
DO  - 10.2991/assehr.k.211102.189
ID  - Hariri2021
ER  -