Human right to health in government regulation

Regulation, in nature, restricts the rights of the regulated to protect or fulfill the rights of the people who benefit from that regulation. This contradictory nature, restricting rights to protect rights, leads the regulation to a minimum degree of interference with the rights of the regulated. By reviewing government regulations in health care, we found the protected right to health is constituted of quality of, and access to health care, information accessibility, and general human rights issue such as privacy and consumer protection. Particularly the human rights of mentally ill patients, and the rights of the dead were worthy of notice compared to the other policy areas. The rights restricted by health care regulation were property rights, freedom to choose an occupation, and so on. This study is also aimed at investigating the regulatory impact on the interest of the regulated and the beneficiary. If there were regulation which has smaller gain of the interests of the beneficiary than the loss of the regulated, the regulation is a bad regulation in respect of maximizing total utility of the society. But if it were made inevitably in respect of human right to health, it is a crucial right that should be protected or fulfilled even though it runs counter to the justice of utilitarianism. The details of human right to health shown in government regulation will be reviewed in this context.