Jump to ContentJump to Main Navigation
The Right to Health in International Law$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

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: 12 June 2021

The Progressive Obligation to Realize the Right to Health

The Progressive Obligation to Realize the Right to Health

Chapter:
(p.225) 6 The Progressive Obligation to Realize the Right to Health
Source:
The Right to Health in International Law
Author(s):

John Tobin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199603299.003.0007

The progressive nature of a state's obligation with respect to economic and social rights continues to attract considerable attention. This chapter examines this concept in the context of the right to health and seeks to articulate a persuasive account of how states can implement this obligation in a way that is principled, practical, coherent, and context sensitive. It shows that international law accommodates the reality of the need for states to prioritize the allocation of scarce resources, provided a state is able to demonstrate that the process for allocating these resources can be shown to be reasonable. This standard will be satisfied where the decision making process is shown to be principled, evidence-based, consultative, transparent, and evaluative.

Keywords:   progressive obligation, resource scarcity, reasonableness, minimum core obligations

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .