Know the right to wellness
Well, according to the Oxford dictionary, wellness is the state of being in good health and health is the
state of being free from illness or injury. According to World Health Organization(WHO), health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.
When individuals are healthy, you can agree with me that they can thrive in their personal, professional
and social lives. Health is the cornerstone of a fulfilling life.
But, the question is, what does the right to wellness truly mean and how can we advocate for better
wellness for all?
What It Means….
In Kenya, the 2010 Constitution of Kenya under article 43(1) states that every person has the right;
a) To highest attainable standard of health, which includes the right to healthcare services, including
reproductive health care
b) To reasonable standards of sanitation
c) To be free from hunger and to have adequate food of acceptable quality
d) To clean and safe water in adequate quantities
Article 43(2) continues by saying that you” shall also not be denied emergency medical treatment.” This means that when you go to a hospital with an emergency, they ought to attend to you first and atleast ensure that you are more stable and out of danger before taking any other initiatives such as making referrals and transfers to other hospitals if need be.
The Constitution also emphasizes that we are all equal before the law (art 27(1)) and equality includes the full and equal enjoyment of all rights (art 27(2)) including that of well-being regardless of your race, sex, pregnancy status, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth (art 27(4).
This right to well-being is also Internationally recognized. The Universal Declaration of Human Rights
(UDHR) 1948 under Article 25 states that everyone has the right to a standard of living adequate for their health and well-being, including food and medical care among others.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) under Article 12(1) states that “The State parties to the present covenant recognize the right of everyone to the enjoyment of the highest attainable standards of physical and mental health”. The Constitution of Kenya under Art 2(6) states that “any treaty or covenant ratified by Kenya shall form part of the law of Kenya under this Constitution”. Kenya ratified the ICESCR on 1 st May 1972, meaning that the rights in it, including that of health applies to Kenyans too.
Well, as you can see, all these mentioned by the law constitute your right to well-being regardless of your differences.
Why Does It Matter?
Wellness is not just absence of a disease, it is a holistic state of physical, mental and emotional health.
When you lack access to the highest attainable standard of health, health care services, adequate and
proper food, clean and safe water and emergency medical treatment, then your wellness suffers and that is why it is important you know your well-being rights and advocate for them.
Take Action: Advocate for Your Right to Wellness
The State, under article 21(2) of the Constitution of Kenya, 2010, is required to “take legislative, policy and other measures, including setting of standards, to achieve the progressive realization of the rights guaranteed under article 43.” This acknowledges that full access to proper health care and wellness may take time due to limited resources, however, the government still has a role of ensuring deliberate and effective progress towards fulfilling this right for all.
The government may play a significant role in ensuring your wellness through actions such as cleaning the environment, implementing feeding programs, provision of health services and water among many others as is required of it. However, you can agree with me that they are always inadequate and for some especially in the underserved communities, they never even get the services yet they need them the most. This, however, should not stop you from living a healthy life. The only person who can ensure your complete wellness is you. How? you may ask;
- Engage in Preventive Health care– prioritize healthy lifestyles like eating more of the healthy foods, doing exercises, weight management, quit smoking and excessive alcohol consumption, prioritize sleep, prioritize vaccinations and also go for regular check-ups among many others
- Educate yourself and your community– try as much as possible to know and understand your health rights. What I have shared is just a small percentage of it. The good thing is that, there are various avenues of learning including through the internet. Learn, and once you know, educate those who don’t know so that we grow together in terms of our wellness.
- Speak up against discrimination– always advocate for your health rights and call out any biases in the services. Remember, you have an equal right to enjoy the right to wellness regardless of your differences.
- Embrace Technology– telemedicine and digital health platforms such as Access Afya and Daktari Smart among others are making medical services more accessible, efficient and cost-effective. This can be of great benefit especially for those who may not be in a position to access health centers and services.
These are just but a few ways of ensuring your well-being. By advocating for and promoting wellness, we can build a healthier future, one where everyone has the opportunity to live their best life.
Your health matters. I care! Nawewe cares! Together, let’s champion the right to wellness for all!