Advances in Consumer Research
Issue 4
Original Article
Bridging the Gap: Examining Structural, Legal, and Social Determinants of Health Rights for Persons with Disabilities in India
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1
Associate Professor, TMCLLS, Faculty of Law, Teerthanker Mahaveer University, Moradabad, U.P., India,
2
Assistant Professor, Shri Ram College of Commerce, University of Delhi, New Delhi, India,
3
Assistant Professor, TMCLLS, Faculty of Law, Teerthanker Mahaveer University, Moradabad, U.P., India
Abstract

The right to health is a fundamental human right recognized under international and constitutional frameworks, and it assumes special significance for persons with disabilities in India. Even with the implementation of progressive legal reforms such as the Rights of Persons with Disabilities Act, 2016 and India’s accession to the United Nations Convention on the Rights of Persons with Disabilities, persons with disabilities have continued to encounter significant obstacles in accessing affordable, accessible, and high-quality health services. Some of the common obstacles that have emerged for persons with disabilities include insufficient medical facilities, lack of accessibility in hospitals and clinics, discrimination, financial barriers, lack of skilled health professionals, and ignorance about disability-sensitive approaches in delivering health care It is the responsibility of the State, as per the constitutional duty mentioned in Articles 14, 15, 21, and 41 of the Constitution of India, to uphold the interests of the marginalized groups and provide equality, dignity, and healthcare services. Furthermore, judicial activism has expanded the scope of the right to life under Article 21 to also include the right to health care. This study will analyze the legal and policy framework relating to the rights to healthcare of persons with disabilities along with the difficulties in implementing it. This study will discuss why it is essential to have a rights-based inclusive approach towards health care for ensuring equality and social justice. Accountability needs to be improved, accessibility increased, awareness created, and financial budget allocated for securing the health rights of persons with disabilities in India.

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