scholarly journals Health and legal literacy for migrants: twinned strands woven in the cloth of social justice and the human right to health care

2017 ◽  
Vol 17 (1) ◽  
Author(s):  
Bilkis Vissandjée ◽  
Wendy E. Short ◽  
Karine Bates
Keyword(s):  
Health Care ◽  
Social Justice ◽  
Right To Health ◽  
Human Right ◽  
Right To Health Care ◽  
Legal Literacy

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.

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.

Collaborating across Difference

2020 ◽  
pp. 67-104
Author(s):  
Patricia Zavella
Keyword(s):  
Health Care ◽  
Right To Health ◽  
The Other ◽  
Reproductive Justice ◽  
Work Skills ◽  
Human Right ◽  
Right To Health Care

This chapter responds to Kimberlé Crenshaw’s query, What are intersectionality’s “ready-to-work skills”? by focusing on two campaigns run by reproductive justice activists. One campaign is about the human right to health care in Texas and led eventually to the lawsuit Whole Woman’s Health v. Hellerstedt, and the other is about the repeal of the Maximum Family Grant rule in California. The chapter argues that reproductive justice activists resist conservative forces and advance their own goals using strengths-based messaging, cross-sector collaboration, including support for one another, and strategic use of storytelling in the context of safer spaces.

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