|Abstract||One would be hard pressed to find a more controversial or nebulous human right than the right to health - a right that stems primarily, although not exclusively, from Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). While activists, non-governmental organizations, and scholars have made significant progress in promoting a human rights approach to health and the field of health and human rights more generally, the question of a philosophical and conceptual foundation - a theory - for the right to health has fallen through the cracks that emerge from an interdisciplinary intersection of medical ethics, international relations, international human rights law, health policy, health law, and public health law. This Article offers a philosophical justification for a right to health. As such it makes a case for the right to health as a meaningful and operational right and discusses the degree to which this right is necessarily justifiable and enforceable as prescribed in international law. The theoretical framework proposed in this Article builds on and integrates Aristotle's political theory, the capability approach, and a social choice paradigm known as incompletely theorized agreements. This Article draws on these perspectives to develop a theory of a right to health and to explicate societal obligations, both state and non-state, for progressive realization of this right. Finally, this Article argues that sustaining the effort to realize a right to health requires individual and societal commitments to what I call public moral norms. In other words, this Article argues for treating the right to health as an ethical demand for equity in health. This ethical demand will likely involve legal instruments for enforcement, but more likely will require individuals, states, and non-state actors to internalize public ethical norms to enhance implementation and compliance with a right to health in international human rights policy and law.|
|Keywords||No keywords specified (fix it)|
|Through your library||Only published papers are available at libraries|
Similar books and articles
Scott Burris & Evan D. Anderson (2010). A Framework Convention on Global Health: Social Justice Lite, or a Light on Social Justice? Journal of Law, Medicine and Ethics 38 (3):580-593.
Mark Heywood & John Shija (2010). A Global Framework Convention on Health: Would It Help Developing Countries to Fulfil Their Duties on the Right to Health? A South African Perspective. Journal of Law, Medicine and Ethics 38 (3):640-646.
J. T. Eberl, E. D. Kinney & M. J. Williams (2012). Foundation For A Natural Right To Health Care. Journal of Medicine and Philosophy 36 (6):537-557.
Micah L. Berman (2011). From Health Care Reform to Public Health Reform. Journal of Law, Medicine and Ethics 39 (3):328-339.
Jennifer Prah Ruger (2011). Shared Health Governance. American Journal of Bioethics 11 (7):32 - 45.
Audrey R. Chapman (2009). Globalization, Human Rights, and the Social Determinants of Health. Bioethics 23 (2):97-111.
Timothy Goodman (2005). Is There a Right to Health? Journal of Medicine and Philosophy 30 (6):643 – 662.
Gwendolyn Roberts Majette (2011). PPACA and Public Health: Creating a Framework to Focus on Prevention and Wellness and Improve the Public's Health. Journal of Law, Medicine and Ethics 39 (3):366-379.
A. E. Denburg (2010). Global Child Health Ethics: Testing the Limits of Moral Communities. Public Health Ethics 3 (3):239-258.
Added to index2009-01-28
Total downloads19 ( #64,257 of 548,973 )
Recent downloads (6 months)1 ( #63,511 of 548,973 )
How can I increase my downloads?