A Right to Health Care

2012 ◽  
Vol 40 (2) ◽  
pp. 268-285 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
Physical And Mental Health ◽  
Human Right ◽  
Economic Rights ◽  
Right To Health Care ◽  
The Right ◽  
International Conventions ◽  
Special Case

Do we have a legal and moral right to health care against others? There are international conventions and institutions that say emphatically yes, and they summarize this in the expression of “the right to health,” which is an established part of the international human rights canon. The International Covenant on Social and Economic Rights outlines this as “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health,” but declarations such as this remain tragically unfulfilled. According to recent figures, roughly two billion people lack access to essential drugs or to primary health care. Millions are afflicted by infections and illnesses that are easily avoidable or treatable. In the developing world many children die or grow stunted and damaged for lack of available treatments. Tropical diseases receive little or no attention by the major pharmaceutical companies’ research departments. Is this a massive violation of the right to health? And if so, why does it attract so little attention? Is it because our supposed commitment to human rights and the rule of law is hypocritical and hollow? Or is it because the right to health is a special case of a right, so that these tragedies are no violation at all? Jennifer Prah Ruger summarized this puzzle when she wrote: “one would be hard pressed to find a more controversial or nebulous human right than the right to health.” In this essay I discuss three different theories of a right to health care. I conclude by offering my own reconstruction of one such theory.

Sind Marktpreise gerecht?

2000 ◽  
Vol 22 (2) ◽  
Author(s):  
Heiner Michel
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Human Life ◽  
Supply And Demand ◽  
Right To Health ◽  
Social Recognition ◽  
Market Prices ◽  
Right To Health Care ◽  
The Right ◽  
Full Protection

AbstractThis article objects to two major economistic shortcomings of Philippe Van Parijs’s Real Freedom for All: (1) Van Parijs claims that market prices are the best metric for equal real freedom. This is challenged. Market prices admittedly are the best instrument for distributive purposes at hand. They are, however, a means of transport for supply and demand contingendes. Hence market prices are to be considered as an insufficient metric for equal freedom. (2) Van Parijs claims that Real Freedom for All is all there is to social justice. This claim is rejected. Despite its demanding egalitarian ambition, Real Freedom for All fails to protect a flourishing human life. Basic human rights like the right to social recognition and, in part, the right to health care are violated. Curiously even the right to autonomy is in want of full protection. These lacks are caused by the monetarism and the Straightforward market optimism of Real Freedom for All.

scholarly journals IMPLEMENTATION OF THE RIGHT TO HEALTH CARE IN THE COUNTRIES OF THE EUROPEAN UNION

2019 ◽  
Vol 72 (7) ◽  
pp. 1337-1342
Author(s):  
Yuliya Nazarko ◽  
Oleksandr Iliashko ◽  
Natalіa Kaminska
Keyword(s):  
Health Care ◽  
European Union ◽  
Human Rights ◽  
Social Relations ◽  
Legal Regulation ◽  
Right To Health ◽  
The European Union ◽  
Right To Health Care ◽  
Legal Standards ◽  
The Right

Introduction: The right to health is exercised through a complex system of state and social measures of legal, economic, social, scientific, cultural, educational, organizational, technical, sanitary and hygienic nature, aimed at preserving and improving the health of people , lengthening the life expectancy and working capacity, creating good living and working conditions, providing physical and mental development for children and young people, and preventing and managing illnesses and their treatment. The aim: Investigate the international legal and constitutional legal regulation of the right to health care in the countries of the European Union. Materials and methods: The article analyzes the Constitution of the European Union, a number of international legal acts and judgments of the European Court of Human Rights. Review: Each country defines the conditions for realizing the right to health care, according to which people should be healthy, the state itself assumes the obligations of the controller and the protection of this right. These provisions should primarily be enshrined in the Basic Laws - the constitutions. The main direction of state policy in reforming social relations is the achievement of European international legal standards in all spheres of public life. These standards fix the principles, guarantees of norms that determine the scope of human rights, in particular the right to health care. Conclusions: The main problem of ensuring and realizing the right to health in the European Union, as in many countries, is the financing of this industry, because in general, it is impossible to talk about free medical care in the European Union. There are also problems in the field of investment in health care. The urgent issues of primary health care and public health and the elderly dependence period.

scholarly journals A Human Rights-Based Approach to Maternal and Child Health in Ethiopia: Does it Matter to Promote Health Equities?

2020 ◽  
Author(s):  
Solomon Tekle Abegaz
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Child Health ◽  
Maternal And Child Health ◽  
Health Care Services ◽  
Right To Health ◽  
Human Right ◽  
Care Services ◽  
The Right ◽  
And Child Health

A rights-based approach to health helps to address health equity gaps. While several aspects of health as a human right exist, this chapter highlights particular indicators relevant to shaping a human rights approach to maternal and child health in Ethiopia. These indicators include recognition of the right to health; national health plan; accessible and acceptable health-care services; accountability; and a civil society that draws on the agency of vulnerable groups. Probing the extent to which the Ethiopian health system includes these features, this chapter identifies that the Federal Constitution does not adequately recognize maternal and child health as a human right. While identifying the positive developments of increased access to women’s and children’s health-care services in Ethiopia, the chapter also charts problems that limit further improvement, including health workers’ inability from making the right health-care decisions; extreme gaps in ensuring accountability; and a restrictive law that restrains social mobilization for a proper health rights movement. The chapter concludes by providing recommendations to the government of Ethiopia that addressing these problems using a rights-based approach offers an alternative pathway for the progressive realization of the right to health of women and children, and it thereby improves health inequities in the country.

scholarly journals NEPRUŽANJE ZDRAVSTVENE SKRBI KAO POVREDA ČLANKA 3. EUROPSKE KONVENCIJE S POSEBNIM OSVRTOM NA PRAKSU SUDA U PREDMETIMA IZVAN KONTEKSTA ZADRŽAVANJA

2021 ◽  
Vol 37 (2) ◽  
pp. 83-104
Author(s):  
Maša Marochini Zrinski ◽  
Karin Derenčin Vukušić
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
European Convention ◽  
Political Rights ◽  
Right To Health Care ◽  
European Court ◽  
The Social ◽  
The Right ◽  
Political Character

The European Convention on Human Rights, as a main Council of Europe instrument for the protection of civil and political rights, does not guarantee the right to health care. However, the European Court of Human Rights broadly interprets Convention rights, and within the context of Articles 2, 3 and 8 of the Convention it gave certain indications that it might start dealing with the issue of health care. Without going into details of all the mentioned articles, this paper will analyse cases where the Court dealt with the issue of violation of Article 3 due to non-provision of health care outside the context of detention. Namely, within the context of detention, there is a clear obligation for states to provide health care, and the Court often relies on the reports of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. What we consider important to point out is the Court’s case-law on providing health care outside the context of detention, given the social character of the right to health care, which goes beyond the civil and political character of the Convention.

scholarly journals LEGAL ASPECTS OF USING NATURAL RESOURCES FOR HEALTH AND RECREATIONAL PURPOSES TO ENSURE HUMAN RIGHT TO HEALTH CARE

2021 ◽  
Vol 74 (11) ◽  
pp. 3077-3084
Author(s):  
Alla K. Sokolova ◽  
Maryna K. Cherkashyna
Keyword(s):  
Health Care ◽  
Natural Resources ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Right To Health ◽  
Legal Analysis ◽  
The European Union ◽  
Human Right ◽  
Right To Health Care ◽  
The Right

The aim: Is to conduct a comparative legal analysis of the use of natural resources for health and recreation purposes in Ukraine, the European Union, and other countries to improve the scientific theoretical basis of the legal regulation for the use, protection, and conservation of such natural resources. Materials and methods: The national and international legal instruments regulating the rights to health and the right to use natural resources for health and recreational purposes were examined by analyzing practices of foreign states in the field of these legal relations, in particular, the comparative-legal, complex, formal, and logical, structural and functional methods along with analytical and empirical research tools. Conclusions: The legislation of Ukraine does not fully disclose the concepts, features, classification of natural healing and recreational resources, and therefore many aspects of their use, protection, and conservation remain uncertain and unsecured provisions of regulations. The article features approaches to improving the current ecological legislation promoting proper legal regulation of using natural resources for health and recreational purposes, thereby creating the necessary conditions to ensure the right to health care.

Irregular migrants and the human right to health care: a case-study of health-care provision for irregular migrants in France and the UK

2011 ◽  
Vol 7 (3) ◽  
pp. 357-374 ◽  
Author(s):  
Sylvie da Lomba
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
Right To Health Care ◽  
Irregular Migrants ◽  
The Uk ◽  
National Membership

AbstractInternational human rights law attaches the right of health care to the person. States, however, predicate this right on membership in the national community and access to publicly subsidised health care is normally contingent on national membership. With this in mind, this article considers the significance of a human rights approach to access to health care and undertakes a comparative study of health-care provision for irregular migrants in France and the UK. Irregular migrants are ineligible for national membership because they have breached immigration laws. Consequently their right to health care may only arise from international human rights law. This comparative study, however, shows that states resist the idea of a right to health care for people they regard as a threat to national sovereignty. Yet the author posits that the exercise of the government's immigration power may be reconciled with the realisation of irregular migrants' human right to health care.

The Right to Health in National and International Jurisprudence

1998 ◽  
Vol 5 (4) ◽  
pp. 389-408 ◽  
Author(s):  
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Access To Health Care ◽  
Case Law ◽  
Right To Health ◽  
Equal Access ◽  
International Human Rights Law ◽  
Human Right ◽  
Human Needs ◽  
The Right

AbstractThe right to the highest attainable level of health or, briefly, the right to health is a fundamental human right, solidly embedded in international human rights law. As with other human rights, this right creates corresponding obligations for States which they are due to respect, protect and fulfil.The right to health embodies both positive and negative contents rights, ranging from the right to adequate protection of health to the right to equal access to health care. In addition, the right to health obliges States to create conditions favourable to the achievement and maintenance of the highest attainable level of health.This article describes and analyses national and international case law with respect to these three components of the right to health in an effort to delineate the general contours of this right. It is argued that courts and other (quasi-)judicial bodies more or less explicitly acknowledge that States are required to ensure a minimum level of health protection, (equal access to) essential health care and satisfaction of basic human needs. From the existing body of case law touching on the right to health it remains, however, difficult to conclude how courts define the minimum core content of the right to health, let alone to gain further insights into the normative meaning of this right.

scholarly journals A Few Words about Health Care Law

2021 ◽  
Vol 2 (2) ◽  
pp. 126-132
Author(s):  
Siniša Franjić
Keyword(s):  
Health Care ◽  
Human Rights ◽  
First Aid ◽  
Right To Health ◽  
Medical Institution ◽  
Right To Health Care ◽  
Philosophical Beliefs ◽  
Sick Person ◽  
The Right ◽  
Health Care Law

Every person has the right to health care and the opportunity to achieve the highest possible level of health. Every person is obliged to take care of their health. No one should endanger the health of other people. Every person is obliged to provide first aid to an injured or sick person in accordance with their knowledge and abilities and to provide them with access to the nearest medical institution. Every citizen has the right to health care while respecting the highest possible standard of human rights and values, i.e. the right to physical and mental integrity and security of his personality, as well as respect for his moral, cultural, religious and philosophical beliefs.

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