The Right to Health in International LawOUP Oxford, 12.01.2012 - 416 Seiten The link between health and human rights has been recognised for many years, but the increasing visibility of the right to health in international law has been a distinct feature of the last decade. It has been embraced by actors within civil society, academics, health professionals, lawyers and courts in several jurisdictions as a tool to address health inequalities at the local and global level, in matters ranging from access to medicines and the availability of affordable health care to sexual and reproductive health. But it has equally been the subject of derision and scorn by human rights sceptics who have described it as lacking foundation, nebulous, and incapable of implementation. This book seeks to offer a comprehensive discussion of the status and meaning of the right to health in international law. It traces the history of this right to reveal its nexus with public health and the long-standing recognition that a State has a responsibility to attend to the health needs of its population. It also offers a theoretical account of its conceptual foundations which challenges the position held by many philosophers that health is undeserving of the status of a human right. By developing an interpretative methodology, the book provides a persuasive account of the meaning of the right to health and the obligations it imposes on States. This process reveals an understanding of the right to health that, while challenging, remains practical and capable of guiding States that are genuinely committed to addressing the health needs of their population. |
Inhalt
Introduction | 1 |
1 Charting the History of the Right to Health | 14 |
2 The Right to HealthIts Conceptual Foundations | 44 |
3 A Methodology to Produce a Meaning for the Right to Health | 75 |
4 The Meaning of the Highest Attainable Standard of Health | 121 |
5 The Obligation to Recognize the Right to Health by All Appropriate Means | 175 |
6 The Progressive Obligation to Realize the Right to Health | 225 |
7 Specific Measures Required to Secure the Right to Health | 254 |
8 The Obligation to Abolish Traditional Practices Harmful to Health | 303 |
9 The International Obligation to Secure the Right to Health | 325 |
Conclusion | 371 |
Appendix | 376 |
Select Bibliography | 381 |
| 403 | |
Andere Ausgaben - Alle anzeigen
Häufige Begriffe und Wortgruppen
accepted achieve Action adolescents adopted approach appropriate assessment assistance attainable bodies capacity Chapter child CO CRC Comment concept concern consideration considered Constitution context Convention Court Cultural demands determine disabilities discussion diseases drafting economic and social effective ensure ESC Committee examination example extent factors force Global harmful Human Rights ibid ICESCR impact implementation important individuals interests international law interpretative issue justify limited meaning measures medicines Moreover mortality nature necessary obligation offer para parents particular parties persons political practices prevent primary principle progressive promote protect public health question realization reasonable recognized recommended relation relevant remains Report respect responsibility right to health scope secure sexual significant social social rights specific standard suggested theory traditional treatment treaty UN Doc understanding University women World