Right to Health of Internally Displaced Persons - IDP SriLanka

4. Justifiability i i i t of Right to Health in Sri Lanka
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4.1. As a Constitutional Right
Under Article 27(2) (c) of the Directive Principles of the Constitution, it
should be one of the objectives of the state to realize adequate standard of
living of all citizens for themselves and their families, including
adequate food, clothing and housing, the continuous improvement of
living conditions. However the Fundamental Rights Chapter of the Sri
Lankan Constitution does not expressly recognize the right to health in
Sri Lanka. But the development of Sri Lankan legal system by
innovative judicial decisions has implied certain optional avenues in
which one can entertain a right based approach as to the health under the
Constitution.
One of such avenue is the identification of right to life as an enforceable
right. Though there is no expressed recognition in the Constitution, the
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right to life has been identified by the Judiciary in several cases , as it is
implied in theArticle 11 and 13(4) of the constitution. While the freedom
from torture or cruel, inhuman or degrading treatment or punishment is
conferred by Article 11, Article 13 (4) stipulates that no person shall be
punished except by order of a competent court, made in accordance with
procedure established by law. It is very much obvious that right to health
is a concomitant of right to life because right to life would be pointless if
it is unhealthy. Therefore it is submitted that the infringement of a right to
health can be justiciable under the Sri Lankan Constitution because the
right to life would be meaningless without primary health care. This is
inferred from the land mark decision of the Supreme Court in the case of
Sanjeewa, AAL (on behalf of G.M.Perera) V Suraweera, OIC,
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Wattala and others . The bench ruled in this case that citizens have the
right to choose between state and private medical care to save one torture
victim's life. While identifying the interrelationship between of right to
life and right to health has, Justice Fernando also made a citation of the
Article 12 of the ICESCR to support his views.
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Silva v Iddamalgoda 2003 2 SLR 63, Rani Fernando v OIC Seeduwa Police,
SC/FR/700/2000, SC Minutes 26.07.2004
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2003 1 SLR 317
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