2007
DOI: 10.1111/j.1748-720x.2007.00179.x
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Advancing Health Rights in a Globalized World: Responding to Globalization through a Collective Human Right to Public Health

Abstract: The right to health was codified in Article 12 of the International Covenant on Economic, Social and Cultural Rights as an individual right, focusing on individual health services at the expense of public health systems. This article assesses the ways in which the individual human right to health has evolved to meet collective threats to the public's health. Despite its repeated expansions, the individual right to health remains normatively incapable of addressing the injurious societal ramifcations of economi… Show more

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Cited by 48 publications
(13 citation statements)
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References 36 publications
(27 reference statements)
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“…In addition, social justice requires the fair distribution of resources, the preservation of human dignity, and the showing of equal respect for the interests of all members of the community [59, 60]. The standard of human rights requires governments to recognize the right of everyone to the highest attainable standard of physical and mental health [60, 61]. …”
Section: Discussionmentioning
confidence: 99%
“…In addition, social justice requires the fair distribution of resources, the preservation of human dignity, and the showing of equal respect for the interests of all members of the community [59, 60]. The standard of human rights requires governments to recognize the right of everyone to the highest attainable standard of physical and mental health [60, 61]. …”
Section: Discussionmentioning
confidence: 99%
“…It is also leading some human rights activists to urge prioritisation amongst rights, giving more weight to those which, while still applied to individuals, obligates states to act in ways that benefit larger collectives (as in the right to health) or to meet the needs of the most disadvantaged and vulnerable. Others are urging the importance of building upon General Comment 14 to create a full-blown collective right to public health (Meier 2007).…”
Section: Health As Human Rightmentioning
confidence: 99%
“…66 However, bounded by the disciplinary constraints of medicine, the resource constraints of the principle of progressive realization, and the individualistic constraints of the human rights regime, the right to health has remained normatively incapable of speaking to neoliberal development policy's denigration of social determinants of health. 67 Belying the lofty language of 'the highest attainable standard of health' in the ICESCR, the right to health has been advanced as an individual right, focusing on individual access to health services at the expense of collective health promotion and disease prevention programs through public health systems. 68 Despite recent attempts to expand the normative content of the right to health through General Comment 14 to the ICESCR, 69 seeking to interpret the individual right to health to encompass social determinants of health, the expansive language of General Comment 14 is insufficient to establish a collective right to public health systems under the ICESCR.…”
Section: Limitations Of An Individual Right To Health As a Rights-basmentioning
confidence: 99%