PHA-Exch> [EQ] Recognition of The International Human Right to Health And Health Care in The United States

[Ruggiero, Mrs. Ana Lucia (WDC)]

Recognition of the International Human Right to Health and Health Care
in the United States

 

Eleanor D. Kinney, JD, MPH Hall Render Professor of Law - Co-Director,
William S. and Christine S. Hall Center for Law and Health 
Indiana University School of Law - Indianapolis

RUTGERS LAW REVIEW [Vol. 60:2 - 2008]

 

Available online PDF [45p.] at:
http://www.pegasus.rutgers.edu/~review/vol60n2/Kinney_Macro_web.pdf
<http://www.pegasus.rutgers.edu/~review/vol60n2/Kinney_Macro_web.pdf>  

 

Also at:
http://indylaw.indiana.edu/instructors/Kinney/Articles/Rutgers_Law_Revie
w_2009.pdf
<http://indylaw.indiana.edu/instructors/Kinney/Articles/Rutgers_Law_Revi
ew_2009.pdf> 

 

 

".......This Article traces the recognition and implementation of the
international human right to health in the United States.6 First, it
traces the record of the United States in the ratification of human
rights treaties of the United Nations and the Organization of American
States. 

 

Then, it describes the implementation of the human right to health at
the federal, state, and local levels, as well as deficiencies in the
U.S. health care sector that compromise implementation of the human
right to health. The Article then compares the United States with other
nations in the implementation of the human right to health.

 

The Article recognizes the extraordinarily difficult philosophical and
economic issues associated with defining the international human right
to health and the management of its implementation. Accordingly, the
Article addresses these issues by pointing out the difficulties and
referring to scholarship that analyzes these issues more
comprehensively. Given the focus of the Article on practical
implementation, the Article assumes that the international human right
to health does exist as a coherent legal and moral principle and
constitutes an appropriate contribution to the advancement of humankind.


 

This Article also assumes that the human right to health means a right
to the health care services and public health protections that
facilitate the enjoyment of good health to the extent possible given
specific and independent processes within human beings. This Article
assumes that, while appreciating the analytic difficulties of economic
human rights like the right to health, a world without international
economic, social, and cultural rights would be a pessimistic world...."

 

 

Indiana University School of Law - Indianapolis 
http://indylaw.indiana.edu/centers/clh/
<blocked::http://indylaw.indiana.edu/centers/clh/>  



 

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information Related to: Equity; Health inequality; Socioeconomic
inequality in health; Socioeconomic
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