Right of access to healthcare

EQUITY of access to adequate health care is an important factor in promoting the dignity and well-being of Irish citizens.

Yet there are great concerns about lack of access, and unequal access, to health care in Ireland today.

The Constitution of Ireland gives citizens a number of fundamental rights which the State must defend and vindicate. A right to healthcare is not contained within the Irish Constitution.

The Irish Commission for Justice and Peace in its report, Re Righting the Constitution (1998), took the view that the Constitution should be amended to expressly protect the right to adequate health, the right to nourishment and the right to an adequate standard of living.

The amendment could guarantee patients’ rights by promising to “progressively achieve” these rights to the “maximum of the available resources”. Such an amendment would foster political, legal and social respect for these rights, while at the same time taking account of the economic practicalities of providing health care resources.

Many countries embrace economic and social rights in their constitutions. This is a recognised approach to combating injustice, social exclusion and inequality. The South African Constitution (1996) guarantees a right of access to health care services, but the right is not absolute. The state is obliged to take reasonable legislative and other measures, within available resources, to achieve progressive realisation of the rights that require economic resources.

The Irish Patients’ Association wrote to all political parties during the election seeking that a political commitment be made within the lifetime of the next government to provide the necessary means to enable all stakeholders to examine and enter into conversations as to whether a right of access to health care should be expressly included in the Irish Constitution.

Stephen McMahon

Chairman

Irish Patients’ Association

24 Church Rd

Ballybrack

Co Dublin