What is the "right to health"

Health is the goal of the right to health. To explain what is the right to health, we must first understand what is health. The definition of health in Ci Hai is that all organs of the human body are well developed, with normal functions and strong physique. The state of being energetic and efficient. Modern medicine believes that in addition, health should also include maintaining a sustained, stable and good mental state, which is called mental health. Health in the legal sense should have the strict connotation of legal concept. Scholars generally have the following two views: first, the theory of physical health, that is, health only includes the perfect state of human physiological function, but does not include psychological function; The second is the theory of physical and mental health, which holds that health includes the normal operation of physical physiological functions and good spiritual transformation.

As a legal concept, health should not include mental health. Because health, as the object of the right to health, will inappropriately expand the content and protection scope of the right to health if it includes mental health. Psychology refers to people's inner activities such as thoughts and feelings, which belongs to the spiritual category. The damage of mental health is actually the damage of spirit. Generally speaking, violations of other specific personalities, such as the right of reputation and privacy, will also bring mental damage to the victims. If all mental damage is included in the protection scope of the right to health, it will inevitably lead to the right to health becoming an all-encompassing right, which will lead to unclear boundaries with other specific personality rights. Therefore, the author thinks that it is inappropriate to include mental health in the content of health, and it is the most feasible to replace the right to health with a unified compensation system for mental damage in theory and practice. Therefore, health only refers to physical health, that is, the normal operation and perfect function of the psychological function that maintains people's life activities.

According to the legal meaning of health, the right to health only protects citizens' physical health and takes citizens' physical health interests as its content. The so-called right to health also refers to the specific personality right of citizens with the interests of their normal operation and perfect function as the content.

The right to health is an important personality group, and only citizens can enjoy it. Legal persons have no right to health. Maintaining the health of citizens' physiological functions is an important condition for citizens to exercise other rights. Damage to citizens' health will inevitably hinder citizens from exercising other rights and bring great pain to citizens. Protecting citizens' right to health is of great significance for maintaining and alleviating citizens' health.