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Access to Medicine as a Human Right

Holger Hestermeyer

in Human Rights and the WTO: The Case of Patents and Access to Medicines

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552177
eISBN:
9780191706936
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552177.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter begins with a background note on international human rights law and the right to health — the most commonly mentioned basis for a right to access to medicine — as well as human rights ... More


The Right to Health in International Law

John Tobin

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199603299
eISBN:
9780191731662
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199603299.001.0001
Subject:
Law, Public International Law

The link between health and human rights has been recognized for many years. But the increasing visibility of the right to health in international law has been a distinct feature in social and policy ... More


The International Obligation to Secure the Right to Health

John Tobin

in The Right to Health in International Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199603299
eISBN:
9780191731662
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199603299.003.0010
Subject:
Law, Public International Law

States have an international obligation to cooperate for the purpose of realizing the right to health. This chapter examines the nature of this obligation and concludes that it consists of three ... More


A Human Rights-Based Approach to Health Indicators

Paul Hunt and Gillian MacNaughton

in Economic, Social, and Cultural Rights in Action

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217908
eISBN:
9780191705380
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217908.003.0012
Subject:
Law, Human Rights and Immigration

In 1993, the World Conference on Human Rights urged the examination of ‘a system of indicators to measure progress in the realization [of ESC rights]’ because the use of specific human rights ... More


Charting the History of the Right to Health

John Tobin

in The Right to Health in International Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199603299
eISBN:
9780191731662
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199603299.003.0002
Subject:
Law, Public International Law

This chapter aims to reveal some insights into the factors that motivated the adoption of the right to health in international law and the anticipated consequences for states in accepting such a ... More


Blame it on the WTO?: A Human Rights Critique

Sarah Joseph

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199565894
eISBN:
9780191728693
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565894.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

The World Trade Organization (WTO) is often accused of, at best, not paying enough attention to human rights or, at worst, facilitating and perpetuating human rights abuses. This book weighs these ... More


Justice, Capability, and Health Policy

Jennifer Prah Ruger

in Health and Social Justice

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199559978
eISBN:
9780191721489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559978.003.0005
Subject:
Economics and Finance, Public and Welfare

This chapter provides a workable operationalization of health capabilities, and seeks a shared standard of health based on the demands of social justice and the right to health in terms of health ... More


Grounding the Right to Health

Jennifer Prah Ruger

in Health and Social Justice

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199559978
eISBN:
9780191721489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559978.003.0006
Subject:
Economics and Finance, Public and Welfare

This chapter offers a philosophical justification for the elusive ‘right to health’. It provides a framework for health reform efforts and covers the degree to which the right to health is ... More


A Health Capability Account of Equal Access

Jennifer Prah Ruger

in Health and Social Justice

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199559978
eISBN:
9780191721489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559978.003.0007
Subject:
Economics and Finance, Public and Welfare

This chapter evaluates health care's impact on individuals' health capability and addresses what equal access, quality and a right to health and health care mean for health system development. Along ... More


TRIPS and the Right to Health

Sarah Joseph

in Blame it on the WTO?: A Human Rights Critique

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199565894
eISBN:
9780191728693
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565894.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the impact of the Agreement on Trade Related Aspects of Intellectual Property (TRIPS) on the right to health, particularly the debate regarding the impact of global patent rules ... More


The emergence and scope of the human right to health

Stephen P. Marks

in Advancing the Human Right to Health

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661619
eISBN:
9780191765056
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661619.003.0001
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

This chapter begins by discussing the emergence of health in the corpus of international human rights. It covers health in the World Health Organization (WHO) constitution, the right to health in the ... More


Advancing the Human Right to Health

José M. Zuniga, Stephen P. Marks, and Lawrence O. Gostin (eds)

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661619
eISBN:
9780191765056
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661619.001.0001
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

This book offers a prospective on the global response to one of the greatest moral, legal, and public health challenges of the twenty-first century — achieving the human right to health as enshrined ... More


We Don't See a Connection: The ‘Right to Health’ in the EU Charter and European Social Charter

Tamara K. Hervey

in Social Rights in Europe

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199287994
eISBN:
9780191700477
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287994.003.0015
Subject:
Law, EU Law

This chapter identifies the strongest disjuncture, arguing that although the European Union (EU) in many ways is involved in exercising health policy powers, it does not acknowledge a ‘right to ... More


Introduction

John Tobin

in The Right to Health in International Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199603299
eISBN:
9780191731662
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199603299.003.0001
Subject:
Law, Public International Law

This introductory chapter seeks to locate the place and status of the right to health within contemporary social and political debates. A picture emerges of the right to health that is far more ... More


Pillars for progress on the right to health

Eric A. Friedman and Lawrence O. Gostin

in Advancing the Human Right to Health

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661619
eISBN:
9780191765056
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661619.003.0005
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

This chapter outlines a four-part approach to accelerating progress towards fulfilling the right to health and reducing both global and domestic health inequities: incorporating right to health ... More


Corporate Human Rights Obligations under Economic, Social, and Cultural Rights

Brigit Toebes and Jernej Letnar Černič

in Globalization, International Law, and Human Rights

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198074151
eISBN:
9780199080830
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198074151.003.0001
Subject:
Law, Human Rights and Immigration

This chapter explores a contemporary debate in relation to the safeguarding of certain human rights and the controversy between the State and non-state actors, i.e., corporate organizations. It ... More


Advancing the right to health through litigation

Oscar A. Cabrera and Ana S. Ayala

in Advancing the Human Right to Health

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661619
eISBN:
9780191765056
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661619.003.0002
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

This chapter discusses some of the aspects and areas of contention around right to health litigation. It begins with a brief overview of the history of right to health litigation, including ... More


The right to health: from concept to practice

Helena Nygren-Krug

in Advancing the Human Right to Health

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661619
eISBN:
9780191765056
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661619.003.0003
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

Exploring how we take human rights from concept to reality, this chapter provides insights from the head of the World Health Organization’s (WHO) portfolio on the right to health. It describes the ... More


On Human Rights

James Griffin

Published in print:
2008
Published Online:
May 2010
ISBN:
9780199238781
eISBN:
9780191716478
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238781.001.0001
Subject:
Philosophy, Moral Philosophy

What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? These ... More


The consequences of failure

Anand Grover, Brian Citro, and Mihir Mankad

in Advancing the Human Right to Health

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661619
eISBN:
9780191765056
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661619.003.0029
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

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 ... More


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