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Advancing the Human Right to Health$
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José M. Zuniga, Stephen P. Marks, and Lawrence O. Gostin

Print publication date: 2013

Print ISBN-13: 9780199661619

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199661619.001.0001

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The consequences of failure

The consequences of failure

(p.425) Chapter 29 The consequences of failure
Advancing the Human Right to Health

Anand Grover

Brian Citro

Mihir Mankad

Oxford University Press

This chapter examines four essential aspects of the right to health: the right as a legal entitlement in domestic law; the prioritization of the needs of vulnerable or marginalized groups; the protection of personal freedoms and negative liberties; and the participation of affected individuals and communities in all decisions affecting their heath. It considers current deficits and emerging problems in global health in light of these four aspects of the right to health. It shows that the right to health approach provides not only the conceptual and legal tools, but also the flexibility and breadth required to address these multifaceted challenges. Specific attention is given to the differences between the right to health approach and traditional biomedical and public health approaches in order to identify and clarify the consequences of the failure to realize the right to health.

Keywords:   right to health, human rights, domestic law, legal entitlement, marginalized groups, global health, public health

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