In this paper we establish a working definition of, and develop a legal rationale for, the insertion
of a constitutional Right to Health (RTH) protection in the Constitution of Ireland. We propose
that a legal framework exists for the judicial enforcement of a right to health in Ireland, as based on
parallels drawn between Irish case law and that of RSA, a comparable common law constitutional
democracy with a developed jurisprudential approach to its constitutional RTH. When modelled
after precedential international provisions, this right strengthens and defends health policy goals
(such as universal health care) through a common-law system of governmental accountability. Additionally, national rights to health have observable correlations with improved public health, and
it stimulates institutional initiatives. The 1937 Constitution of Ireland includes several personal,
social, and economic rights, and a RTH would complement the existing right to primary education as a socio-economic right. We note these considerations were discussed during the legislative
proposal made in the 32nd Dáil for a constitutional RTH, which emerged in response to Ireland’s
ongoing efforts toward health policy reform.
Metadata
Item Type:
Article (Published)
Refereed:
Yes
Uncontrolled Keywords:
Universal health care; The right to health; Ireland; Constitutional change