THE RIGHT TO HEALTH IN INTENATIONAL LAWPDF电子书下载

Introduction 1

Ⅰ Clarifying expectations 6

Ⅱ Constructing a meaning for the right to health 8

A The history of the right to health 8

B The conceptual foundations of the right to health 9

C The need for a persuasive methodology 10

D The meaning of health 11

E The obligation of states to recognize the right to health 11

1 Charting the History of the Right to Health 14

Ⅰ Introduction 14

Ⅱ From invisible to inalienable: the recognition of the right to health 16

Ⅲ The origins of the right to health 19

A The need to navigate the dangers of excessive liberalism and collectivism 19

B The nexus between war, rights, health, and peace 23

C The WHO and the right to the highest attainable standardof health 27

D The adoption of the UDHR and its aftermath-a common enemy unites then the Cold War divides 30

E Using history to understand the meaning of the right to health 33

Ⅳ The role of public health in delivering the right to health 34

A The ancient commitment to collective action to protect health 34

B The reality of mixed motivations underlying collective health measures 35

C The rise and fall of the Enlightenment 36

D State expansion and the Industrial Revolution-towards an instrumentalist vision of public health 37

E The rebirth of rights and the struggle for justice 38

F Transforming national differences into an international commitment 39

Ⅴ Conclusion: looking into and beyond the history of the right to health 41

2 The Right to Health-Its Conceptual Foundations 44

Ⅰ Introduction 44

Ⅱ The preliminary question: the need to interrogate the conceptual foundations of the right to health? 47

Ⅲ The conceptual foundations of the right to health 49

A Looking for foundations in incompletely theorized agreements 49

B The idea of a human right to health 50

C Grounding rights in interests 52

D A social interest theory of rights 54

E Dignity as both coterminous and foundational 56

F Beyond individualism 57

G Dynamic but not arbitrary 59

Ⅳ Dealing with the detractors: a defence of the right to health 60

A The libertarian objection 60

B The status objection 63

C The formulation objection 65

D The relativist challenge 67

E The resource allocation dilemma 69

Ⅴ Conclusion-an imperfect but good justification 73

3 A Methodology to Produce a Meaning for the Right to Health 75

Ⅰ Introduction 75

Ⅱ The act of interpretation: from intentionalism to persuasion 78

Ⅲ Defining the interpretative community-moving beyond states towards a communitarian model 81

Ⅳ Seeking to persuade by constructive engagement 86

A Providing a transparent account of the interpretative process 86

B The features required for constructive engagement 88

Ⅴ Conclusion-towards a common understanding 118

4 The Meaning of the Highest Attainable Standard of Health 121

Ⅰ Introduction 121

Ⅱ The scope of the interest in which the right to health is grounded 123

A The distinct nature of the international formulation 123

B The meaning of health 125

C Moving beyond a biomedical definition of health 126

D The danger associated with inflating the right to health 130

Ⅲ The freedoms associated with health 132

A The right to sexual and reproductive freedom-an adolescent perspective 133

B Freedom from medical experimentation 144

C Freedom from non-consensual medical treatment 144

Ⅳ The qualitative nature of the entitlements under the right to health 158

A Availability 159

B Accessibility 167

Ⅴ Conclusion-a socially manageable meaning of health 173

5 The Obligation to Recognize the Right to Health by All Appropriate Means 175

Ⅰ Introduction 175

Ⅱ The obligation to 'take steps' 177

Ⅲ The meaning of 'all appropriate means' 178

A A margin of discretion 178

B Legislative measures 179

C Using the tripartite typology to identify 'other appropriate measures' 185

D Using the work of the human rights treaty monitoring bodies to develop an understanding as to the nature of'appropriate measures' 197

Ⅳ Conclusion-moving towards a sufficiently specified account of the measures required to secure the right to health 224

6 The Progressive Obligation to Realize the Right to Health 225

Ⅰ Introduction 225

Ⅱ The meaning of'maximum available resources' 226

A Towards a dynamic understanding of available resources 226

B Developing social resources 230

C Seeking international co-operation as a source of resources 231

Ⅲ The progressive nature of a state's obligations and the process for prioritization 232

A The need for a dialogue 232

B Addressing the resource allocation dilemma 235

Ⅳ The concept of minimum core obligations 238

A Genesis and inflation 238

B In search of a principled basis for minimum core obligations 241

C In search of a practical content for the minimum core obligations under the right to health 243

Ⅴ Conclusion-progressive as a pragmatic and principled process 252

7 Specific Measures Required to Secure the Right to Health 254

Ⅰ Introduction 254

Ⅱ The obligation to diminish infant and child mortality 255

Ⅲ The obligation to provide medical assistance and health care, especially primary health care 261

A Introduction 261

B The emphasis on primary health care 263

Ⅳ The obligation to combat disease and malnutrition 267

A Introduction 267

B Disease prevention 269

Ⅴ The obligation to ensure occupational health and safety 286

Ⅵ The obligation to provide pre-natal and post-natal health care for mothers 287

A A progressive or immediate obligation 287

B The meaning of 'appropriate' pre- and post-natal care 289

Ⅶ The obligation to raise awareness and ensure access to information concerning health 291

A Introduction 291

B The information about health which all segments of society are entitled to receive 291

Ⅷ The obligation to develop preventive health care, guidance for parents, and family planning education and services 296

A Introduction 296

B The obligation to develop preventive health care 297

C The obligation to develop guidance for parents 298

D The obligation to develop family planning education and services 299

Ⅸ Conclusion-deference with limits 301

8 The Obligation to Abolish Traditional Practices Harmful to Health 303

Ⅰ Introduction 303

Ⅱ The nature of a state's obligation-making progress towards effective abolition 305

Ⅲ The practices to be abolished: 'traditional practices prejudicial to the health of children' 306

A Prejudice to health as a contested concept 306

B The identification of those practices to be abolished 307

Ⅳ Measures to abolish traditional practices prejudicial to a child's health 314

A Case study: female genital cutting 314

B The problem of classification 315

C The nature and health consequences of the practice 316

D The measures to be adopted by states 317

Ⅴ Conclusion-the need for a culturally sensitive approach 323

9 The International Obligation to Secure the Right to Health 325

Ⅰ Introduction 325

Ⅱ The nature and scope of the international obligation to co-operate 327

A A vision of qualified solidarity 327

B The obligation to promote and encourage co-operation under the CRC 329

C A tripartite international obligation 331

Ⅲ Case study: the impact of the international obligation to co-operate on access to medicines 351

A The dilemma: Intellectual property rights v access to medicines 351

B Can TRIPS be justified? 354

C Trade law and human rights-in search of system coherence 364

D TRIPS and access to medicines-adjusting and reviewing expectations 366

Ⅳ Conclusion 368

Conclusion 371

Appendix 376

Select Bibliography 381

Index 403