The Right To Health As A Human Right In International Law

Abstract

Despite acknowledgement of the right to health in existing human rights instruments, understanding of the scope and significance of the right is limited. This book addresses issues of the individual entitlements created by the right to health, the resulting obligations on the part of the States and the susceptibility of the right to judicial review. The extensive evaluation of reporting practices illuminates the implementation practices of treaty monitoring bodies. An elaborate description of international and national case law is used to tackle the question of justifiability. This study is based on material from a wide range of sources: the United Nations (including the World Health Organisation); non-governmental organizations, national and international jurisprudence; and human rights doctrine. It contributes to the international discussion about the character and significance of economic, social and cultural human rights, and substantiates their independence and their equality with civil and political rights. The School of Human Rights Research series explores the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards and the international supervision of such application.

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