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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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The Progressive Obligation to Realize the Right to Health

The Progressive Obligation to Realize the Right to Health

(p.225) 6 The Progressive Obligation to Realize the Right to Health
The Right to Health in International Law

John Tobin

Oxford University Press

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

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