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A goal-oriented understanding of the right to health care and its implications for future health rights litigation

A goal-oriented understanding of the right to health care and its implications for future health rights litigation
A goal-oriented understanding of the right to health care and its implications for future health rights litigation
International human rights law recognizes a right to health. A majority of domestic constitutions recognize health-related rights. Many citizens believe that they have a moral right to health care. Some theorists agree. Yet the idea of a right to health care remains controversial. Specifying the nature of such a right invites more controversy. Indeed, most models of the right face persistent problems that threaten to undermine the conceptual coherence of a right to health care. This article accordingly sketches preliminary arguments for a new, goal-oriented model of the right to health care. It explains that the model avoids most of the problems facing other models, explains the key insights of those competing models, is consistent with international law, and provides metrics for assessing fulfillment of the right. It then explains the model's potential relevance for future health rights litigation in Canada.
Human Rights, International Law, Health Rights, Health Care, Canadian Law, Public Law, Constitutional Law, Litigation
377-395
Da Silva, Michael
05ad649f-8409-4012-8edc-88709b1a3182
Da Silva, Michael
05ad649f-8409-4012-8edc-88709b1a3182

Da Silva, Michael (2016) A goal-oriented understanding of the right to health care and its implications for future health rights litigation. Dalhousie Law Journal, 39 (2), 377-395.

Record type: Article

Abstract

International human rights law recognizes a right to health. A majority of domestic constitutions recognize health-related rights. Many citizens believe that they have a moral right to health care. Some theorists agree. Yet the idea of a right to health care remains controversial. Specifying the nature of such a right invites more controversy. Indeed, most models of the right face persistent problems that threaten to undermine the conceptual coherence of a right to health care. This article accordingly sketches preliminary arguments for a new, goal-oriented model of the right to health care. It explains that the model avoids most of the problems facing other models, explains the key insights of those competing models, is consistent with international law, and provides metrics for assessing fulfillment of the right. It then explains the model's potential relevance for future health rights litigation in Canada.

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More information

Accepted/In Press date: 10 January 2016
Published date: 1 October 2016
Keywords: Human Rights, International Law, Health Rights, Health Care, Canadian Law, Public Law, Constitutional Law, Litigation

Identifiers

Local EPrints ID: 457403
URI: http://eprints.soton.ac.uk/id/eprint/457403
PURE UUID: a5083d75-b220-49ee-9584-a4ba41b7f0bc

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Date deposited: 07 Jun 2022 16:36
Last modified: 23 Jul 2022 00:24

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Contributors

Author: Michael Da Silva

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