The right to health and education: Constitutional Guarantees and Human rights standards

  • Unique Paper ID: 188817
  • Volume: 12
  • Issue: 7
  • PageNo: 7822-7825
  • Abstract:
  • The right to health and education or both fundamental human rights, recognized internationally and enshrined in national laws like India's Right to Education Act (RTE) and constitutional provisions. The 86th Amendment to the Indian Constitution made the right to free and compulsory education for children aged 6 to 14 a fundamental right under Article 21A. The right to education guarantees free and compulsory primary education for children with an emphasis on quality, infrastructure and non-discrimination. The government must ensure every child is enrolled and complete their elementary education. The right to health is a broader concept encompassing a holistic state of well-being, requiring access to quality healthcare services, as well as underlying social and environmental factors like clean water, nutrition, safe and Healthy environments. The right to health and other health related human rights are legally binding commitments enshrined in international human rights instrument. WHO's constitution also recognizes the right to health. The constitutional basis for the right to Health in India is primarily found in Article 21, which guarantees the right to life and personal liberty and has been interpreted by the Supreme Court to include the right to health and medical care. Additionally, the directive principles of state policy, particularly Article 47, Direct the state to improve public health. The Supreme Court has held that the right to health is integral to the right to life under Article-21. The includes access to medical services, a hygienic environment, clean water, nutritious food and safe working conditions.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{188817,
        author = {Dr. Sanjay Dixit},
        title = {The right to health and education: Constitutional Guarantees and Human rights standards},
        journal = {International Journal of Innovative Research in Technology},
        year = {2025},
        volume = {12},
        number = {7},
        pages = {7822-7825},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=188817},
        abstract = {The right to health and education or both fundamental human rights, recognized internationally and enshrined in national laws like India's Right to Education Act (RTE) and constitutional provisions. The 86th Amendment to the Indian Constitution made the right to free and compulsory education for children aged 6 to 14 a fundamental right under Article 21A. The right to education guarantees free and compulsory primary education for children with an emphasis on quality, infrastructure and non-discrimination. The government must ensure every child is enrolled and complete their elementary education. The right to health is a broader concept encompassing a holistic state of well-being, requiring access to quality healthcare services, as well as underlying social and environmental factors like clean water, nutrition, safe and Healthy environments. The right to health and other health related human rights are legally binding commitments enshrined in international human rights instrument. WHO's constitution also recognizes the right to health. The constitutional basis for the right to Health in India is primarily found in Article 21, which guarantees the right to life and personal liberty and has been interpreted by the Supreme Court to include the right to health and medical care. Additionally, the directive principles of state policy, particularly Article 47, Direct the state to improve public health. The Supreme Court has held that the right to health is integral to the right to life under Article-21. The includes access to medical services, a hygienic environment, clean water, nutritious food and safe working conditions.},
        keywords = {Education, Health, Constitutional Fundamental Rights, Right to Education, International Mandates, National Education Policy},
        month = {December},
        }

Cite This Article

Dixit, D. S. (2025). The right to health and education: Constitutional Guarantees and Human rights standards. International Journal of Innovative Research in Technology (IJIRT). https://doi.org/doi.org/10.64643/IJIRTV12I7-188817-459

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