Assessing Healthcare Rights and Responsibilities under the Constitutional Orders of Mainland China and the Special Administrative Regions

This chapter explores the relevant constitutional provisions and laws in mainland China and the Special Administrative Regions (SARs) of Hong Kong (HK) and Macau concerning the ‘right to health’ for citizens. Cultural norms surrounding the role of doctors and the family in medical decision-making are also factors that ought to be balanced in the understanding of individual autonomy. The authorities have sought to ensure that right to health by prioritising health and fitness in their development strategies, placing greater emphasis on prevention and ensuring basic medical services are non-profit. China has grappled with this challenge for decades with some success, albeit with room for improvement. Health expenditure has consistently increased year on year since the early 2000s. The SARs of HK and Macau have articulated provisions concerning healthcare in their mini-constitutions, known as the ‘basic laws’. The Basic Law of HK states only that the Government of HK will formulate policies to ‘improve medical and health services’.