The link between health and human rights has been recognized for many years. But the increasing visibility of the right to health in international law has been a distinct feature in social and policy debates over the last decade. It has been embraced to varying degrees by actors within civil society, academics, health professionals, lawyers and courts in several jurisdictions, policy makers and international institutions, as a tool to address health inequalities at the local and global level in matters ranging from access to medicines and the availability of affordable health care services to ... More

The link between health and human rights has been recognized for many years. But the increasing visibility of the right to health in international law has been a distinct feature in social and policy debates over the last decade. It has been embraced to varying degrees by actors within civil society, academics, health professionals, lawyers and courts in several jurisdictions, policy makers and international institutions, as a tool to address health inequalities at the local and global level in matters ranging from access to medicines and the availability of affordable health care services to sexual and reproductive health and the availability of abortion services. But it has equally been the subject of derision and scorn by its opponents who have described it as being without foundation, nebulous and incapable of implementation. This book seeks to offer a comprehensive discussion of the status and meaning of the right to health in international law. It traces the history of this right to reveal its nexus with public health and the long standing recognition that a state has a responsibility to attend to the health needs of its population. It offers a theoretical account of its conceptual foundations which challenges the position held by many philosophers that health is undeserving of the status of a human right. It develops an interpretative methodology to provide a persuasive account as to the meaning of the right to health and it applies this methodology to describe the nature of obligations imposed upon States. This process reveals an understanding of the right to health that, while challenging, remains practical and capable of guiding States that are genuinely committed to addressing the health needs of their population.