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Hemophilia Right To Health Case Study

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C. The Case of Hemophilia and Right to Health

Hemophilia is a genetic condition in which the body fails to produce a protein known as Factor VIII – a vital component of the blood-clotting mechanism. As a result, hemophiliacs are more susceptible to both internal and external bleeding. There are an estimated 100,000 hemophiliacs in India. Sufferers can only survive and lead relatively normal lives if the disease is treated with an expensive drug called Anti-Hemophilic Factor (AHF).

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Anita Kara et al, (2014) India lacks a national policy on the prevention and control of genetic disorders. Although the haemoglobinopathies have received some attention, there are scarce data on the epidemiology of other genetic disorders in India. Using the population …show more content…
The debate surrounding the implementation of the human right to health is new and full of possibility for the developing world. In fact, Indian has been able to create a legal mechanism whereby right to health can be protect and enforced. The early of 1970s, witnessed a watershed in human rights litigation with the Keshwanand bharti Vs State of Kerala ushering in an unprecedented period of progressive jurisprudence following the recognition fundamental rights. At the same time standing rules were relaxed order to uphold PIL and access to justice. So there were two developments in 1980s, which led to a marked increase in health related litigation. First was the establishment of consumer courts that made it cheaper and speedier to sue doctors for medical negligence. Second, the growth of PIL and one of this offshoots being recognition of health care as a fundamental right. Through PIL the Supreme Court has allowed individual citizen to approach the court directly for the protection of their Constitutional human

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