1. What's the difference between the right to body and the right to health?
First of all, the right to life, body and health are interdependent and different. The right to life and the right to body are interdependent. Without the body, life has no dependence; Without life, the existence of the body has no practical significance. However, the right to body maintains the integrity of the whole structure of the human body, while the right to life maintains the continuity of human life activities; In addition, "the right to body is violated by trauma, and the right to life cannot be regarded as violated unless there is death."
Secondly, the right to life and the right to health are complementary: the continuation of life depends on health, and health is based on the existence of life. The essential difference between the right to life and the right to health lies in: the right to health maintains the normal operation and functional perfection of natural persons, while the right to life maintains the life safety of natural persons; If the right to health is violated, it can be completely or partially restored through treatment, and the result of the violation of the right to life is inevitably the loss of life.
Second, the legal characteristics of the right to health
First, the basis of the right to health is the normal operation and function of the human body, not the overall structure of the human body.
The object of the right to health and the right to body, that is, the distinction between health and body, lies in the fact that the body is the structure of the body, while health is the physiological function. The difference between the two is obvious.
Of course, health is generally achieved through the integrity of the body structure, but the damage to health is not the destruction of integrity, but the destruction of the integrity of physiological functions. Therefore, when the body structure of human body is damaged, it is the normal operation of physiological function and the perfection of function, so it should be regarded as the damage to health, not the damage to body rights.
Second, the fundamental interest of the right to health is to maintain the normal life activities of the human body, but it is not based on the safety and value of human life.
The fundamental interest embodied in the right to health lies in maintaining the perfection of human functions, thus maintaining the normal life activities of the human body. Although life and health are closely related, they are not a concept.
First of all, life and health also exist and coexist in the physical form of the body, but health is the basis for maintaining normal life activities of the human body. When health is damaged, whether it is organic or functional, it can be recovered or improved through treatment to maintain human life activities. When the right to life is damaged, the loss of life is irreversible and cannot be recovered. Recoverability of health damage and irreversibility of life damage are important differences between the right to life and the right to health.
Secondly, the fundamental interest of the right to health is to maintain normal human life activities, but it does not take life as the object, nor does it protect the safety and value of life.
Third, the criterion for judging the violation of the right to life is the result. What causes death is a violation of the right to life, and what does not cause death is not a violation of the right to life, but a violation of the right to health (or body). Although some acts are aimed at violating the right to health, they eventually lead to death, which should be regarded as a violation of the right to life.
Third, the right to health protects the normal functions of natural persons and enables them to operate and exercise independently, but it does not protect their bodies and wills from external constraints.
Both the right to health and the right to personal freedom are the rights to protect people's independent movement and thinking, but the right to health protects people's independent movement and thinking, which refers to the function of the human body itself and determines that people can act and think according to their own will. The right to personal freedom protects people's independent movement and independent thinking, which means that people's behavior and will are not illegally bound by foreign countries. The difference between these two rights, from the perspective of infringement, violates the right to health. Behavior acts on people's internal factors, making people unable to exercise and think independently. The reason lies in the destruction of human function perfection and the limitation of function, which lies entirely in the internal factors of human body. Infringement of personal freedom does not destroy the function of human body, but sets external obstacles to human action and will, making people unable to act and think independently because of external constraints or influences. The illegal restriction of freedom is entirely caused by external factors.
Three. Content of the right to health
The right to health includes three basic contents, one is the right to keep healthy, the other is the ability to work, and the third is the right to control health.
1, health maintenance right
Health right is one of the basic contents of health right. Modern human rights view holds that the right to health is one of the basic contents of human rights and the most important goal of human self-development and self-improvement. 1978 the Almaty declaration of the international conference on primary health care declared: "health is a basic human right, and achieving the highest possible health level is an important social goal in the world." Health is not only the basic human rights of natural persons, but also the interests of society.
The main content of the right to health maintenance is the right of natural persons to maintain their own health. This is not only the need for natural people to maintain their own lives, improve their quality of life and pursue physical perfection, but also has the significance of safeguarding social interests and improving the quality of human existence. Maintaining health refers to the right to maintain good health, improve health level through physical activities, and request and receive medical treatment when physiological functions and functions are abnormal, so as to make good health or restore to the original state. No other person may compel or interfere with the exercise of these rights.
Another content of the right to health maintenance is the right to request legal protection when the natural person's health right is illegally violated. The right to health is an absolute right, and it is also a right of the world. Anyone other than the right subject has inviolable legal obligations. In violation of this obligation, the victim has the right to demand the offender to bear corresponding civil liability according to law.
2. Ability to work
There are two different understandings about the nature of labor ability. One is that the ability to work is a kind of personality right, which refers to the material personality right of natural persons with their spiritual and physical functional interests as the content; One regards it as a personality interest, which is neither the content of body right nor the content of health right, but an independent personality interest.
In fact, the ability to work is neither an independent personality right nor an independent personality interest, but the basic content of the right to health. Labor ability is the sum of mental and physical strength of natural persons engaged in the activities of creating material wealth and spiritual wealth. It is not an independent personality right in theory, legislation or practical needs. There is no legal basis, no legislative case as the basis, and there is no practical necessity to identify the ability to work as an independent personality right. It is only the sum of mental and physical strength of natural persons engaged in creating material wealth and spiritual wealth, and it is a basic personality interest of natural persons' right to health, which exists in the right to health and does not have the status of independent personality interest.
First of all, labor ability refers to the ability to create material wealth and spiritual wealth. The production of human society includes material wealth and spiritual wealth. In all production, we must have a productive force composed of three elements: laborers, labor tools and labor objects. Workers must have the ability to work as the premise, and those who have no ability to work are not workers, nor are they elements of productivity. Only when people have the ability to create material wealth and spiritual wealth can they have the ability to work.
Secondly, the ability to work is the sum of mental and physical strength of workers. Any creative work must have both mental and physical factors, which are indispensable. However, due to the different nature of wealth creation, the requirements for mental and physical strength are also different. When judging whether the labor ability is reduced, we should take the factors of comprehensive investigation of the two abilities as the judgment standard.
Natural persons enjoy the personal benefits of working ability. First, he has the right to keep this interest. Second, he has the right to use this ability to meet the needs of himself and society. Third, he has the right to develop this interest. Fourth, when such interests are damaged, he has the right to claim damages from the offender.
3. The right to control health
Personality right is dominated by personality interests, and health right is also dominated. In practice, some people think that the right to health is not dominant, because natural people cannot control their health at will, let alone give up their health according to their own control. It should be noted that the waiver of rights is not the only content of control. The main performance of the right to health is to exercise, improve health and improve the quality of life. In addition, the exercise of the right to health maintenance and the ability to work, even the right to ask for legal protection when the right to health is violated, also reflects the dominance of the right to health.
Administrative measures to improve the health status of natural persons, such as compulsory treatment and compulsory detoxification, are not compulsory interference and infringement on the right to control health, but necessary means to safeguard personal health and public interests. On the surface, compulsory treatment of patients with sexually transmitted diseases, leprosy and other malignant infectious diseases and compulsory detoxification of drug addicts may go against the will of the obligee, but since such compulsory measures hinder the occurrence of illegal acts and become appropriate acts, the parties concerned may not claim infringement. Whether patients who give up their health can be given compulsory treatment is not stipulated in the current legislation, but from a humanitarian standpoint, it is also appropriate to give compulsory treatment to critically ill patients who refuse to receive treatment.
According to the law, we can know that the right of body maintains the integrity of the whole structure of human body, and the right of health maintains the normal operation and perfect function of natural persons.