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The Right to Health in International Law$
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John Tobin

Print publication date: 2011

Print ISBN-13: 9780199603299

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199603299.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 November 2021

The Meaning of the Highest Attainable Standard of Health

The Meaning of the Highest Attainable Standard of Health

4 The Meaning of the Highest Attainable Standard of Health
The Right to Health in International Law

John Tobin

Oxford University Press

This chapter focuses on the meaning and scope of the interest in which the right to health is grounded, namely ‘the highest attainable standard of physical and mental health’. This formulation does not provide individuals with a guarantee of health, and the level of health enjoyed by an individual, whether physical or mental, will be dependent on factors peculiar to an individual and the resources available to a state. The term health itself is also examined and shown to extend to freedoms such as freedom to enjoy reproductive and sexual health and freedom from non-consensual medical treatment.

Keywords:   meaning of health, sexual health, reproductive health, non-consensual medical treatment, compulsory sterilisation, adolescent sexual health, specialist health services, abortion services, non-discrimination, accessibility of health services

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