Journal Philosophy of Law
Vol 6, No 2 (2025): Journal of Philosophy of Law

PROTECTION OF THE COMMUNITY'S RIGHT TO HEALTH FROM THE PERSPECTIVE OF THE THEORY OF THE RULE-OF-LAW STATE

Widyarini Indriasti Wardani (Universitas 17 Agustus 1945 Semarang)



Article Info

Publish Date
11 Sep 2026

Abstract

Abstract The community's right to health is a human right holding a fundamental position in the life of the state and functioning as an important indicator of public welfare. Within a rule-of-law state, recognition of the right to health demands legal guarantee, public policy, and genuine state responsibility so that the right may be enjoyed fairly and equally by every citizen. This study examines the concept of the community's right to health as part of human rights, the standing and responsibility of the state in protecting that right, and the regulation of health-right protection within the national legal system, viewed from the perspective of the theory of the rule-of-law state. The study employs a normative legal method with the statute, conceptual, and philosophical approaches, supported by analysis of primary and secondary legal material through library research. The discussion shows that the right to health has been recognised constitutionally and reinforced through various legislation, yet its implementation continues to face challenges in the form of unequal access, uneven service quality, and limited effectiveness of law enforcement. From the perspective of the theory of the rule-of-law state, the state stands as the principal duty-bearer obliged to respect, protect, and fulfil the community's right to health in a just manner. The study concludes that protection of the community's right to health requires a strengthened state role, regulatory consistency, and an effective law-enforcement mechanism, so that the principle of the rule-of-law state is genuinely realised in the field of health, while cautioning that the classical triadic formulation of respect, protect, and fulfil requires further specification, particularly regarding the standard against which the state's discharge of the obligation to fulfil should be measured, if it is to function as more than an aspirational restatement of the problem it purports to resolve.

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Journal Info

Abbrev

phil

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal includes the study of Health Law, Economic and Business Law, Criminal, Civil, State Administration, International Law, Human Rights, Customary Law, and Environmental ...