The idea that there is such a thing as a human right to health has become pervasive. It has not only been acknowledged by a variety of international law documents and thus entered the political realm but is also defended in academic circles. Yet, despite its prominence the human right to health remains something of a mystery - especially with respect to its philosophical underpinnings. Addressing this unfortunate and intellectually dangerous insufficiency, this book critically assesses the stipulation that health is a human right which - as international law holds - derives from the inherent dignity of the human person. Scrutinising the concepts underlying this stipulation (health, rights, dignity), it shall conclude that such right cannot be upheld from a philosophical perspective.

Health Rights is a multidisciplinary collection of seminal papers examining ethical, legal, and empirical questions regarding the human right to health or health care. The volume discusses what obligations health rights entail for governments and other actors, how they relate to and potentially conflict with other rights and values, and how cultural diversity bears on the formulation and implementation of health rights. The paramount importance of such questions is illustrated, among other things, by the catastrophic health situation in developing countries and current debates about the TRIPS Agreement and health care reform in the United States. The volume is divided into five main parts which focus on philosophical questions about the bases for the right to health or health care; links between health and human rights; global bioethics and public health ethics; intellectual property rights in pharmaceuticals; and finally health rights issues arising in specific contexts such as HIV/AIDS, tuberculosis, and gender.

This book offers a group of essays published in memory of David Thomasma, one of the leading humanists in the field of bioethics during the twentieth century. The authors represent many different countries and disciplines throughout the globe. The volume deals with the pressing issue of how to ground a universal bioethics in the context of the conflicted world of combative cultures and perspectives.

This book examines the idea of a fundamental entitlement to health and healthcare from a human rights perspective. The volume is based on a particular conceptual reasoning that balances critical thinking and pragmatism in the context of a universal right to health. Thus, the primary focus of the book is the relationship or contrast between rights-based discourse/jurisprudential arguments and real-life healthcare contexts. The work sets out the constraints that are imposed on a universal right to health by practical realities such as economic hardship in countries, lack of appropriate governance, and lack of support for the implementation of this right through appropriate resource allocation. It queries the degree to which the existence of this legally enshrined right and its application in instruments such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR) can be more than an ephemeral aspiration but can, actually, sustain, promote, and instil good practice. It further asks if social reality and the inequalities that present themselves therein impede the implementation of laudable human rights, particularly within marginalised communities and cadres of people. It deliberates on what states and global bodies do, or could do, in practical terms to ensure that such rights are moved beyond the aspirational and become attainable and implementable. Divided into three parts, the first analyses the notion of a universal inalienable right to health(care) from jurisprudential, anthropological, legal, and ethical perspectives. The second part considers the translation of international human rights norms into specific jurisdictional healthcare contexts. With a global perspective it includes countries with very different legal, economic, and social contexts. Finally, the third part summarises the lessons learnt and provides a pathway for future action. The book will be an invaluable resource for students, academics, and policymakers working in the areas of health law and policy, and international human rights law.

The book examines the health rights of older persons who are more likely potentially to face various disadvantages in terms of healthcare access and affordability, thereby impacting on health outcomes. The point of departure in the analyses is that the health security of older persons is guaranteed only if a country approaches the health of its citizens out of moral obligation, viewing health and well-being as a right rather than an entitlement. Data from five countries in the ASEAN region are analysed with the intent of highlighting the health inequalities and barriers at the societal and individual levels, on the one hand, as well as the gaps at the health and healthcare policy and programmatic levels within each country, on the other. It is also intended that the analyses of the data from the selected countries which represent different stages of development, and thus income levels, provide a useful comparative framework for policymakers in the ASEAN region.

The Modern Man is hypocritically boasting of unprecedented material progress in a world , where ,inter-alia millions daily go to bed hungry, die or get killed through unwanted wars and preventable causes, live in inhumane conditions , vulnerable being exploited , with ever widening inequality , and might still ruling over right in international relations, even in the post UDHR era! an indictment on the collective conscience of mankind. Besides, the flame of materialism has been devouring time tested moral values, causing chaos within the basic unit in society- the family and relegating Man and his dignity to the level of animals and even manipulating his identity. Therefore questions arise: Is Moral law fading ; are political/economic systems and institutions like UN failing in realizing the lofty goal of affording due dignity , basic rights and social justice humanity deserves? Can the bystanders be mere onlookers anymore? This book seeks to dispassionately survey the yawning gap between the rhetoric and the ground reality in bringing about dignity and social justice for humanity from bystanders perspective in the light of these questions and underlines the imperative need for moral progress to go hand in hand to make Man assume his due role as the trustee on earth. It also exhorts bystanders to close ranks as human- dignity champions, rights defenders, identity protectors- against onslaughts from power hungry politicians, mighty powers and vested interests. This is the need of the times and what our future progeny demands.

The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.

Progress needed to ensure women’s sexual and reproductive health and rights in Europe! Despite considerable progress, women in Europe continue to face widespread denials and infringements of their sexual and reproductive health and rights. Laws, policies and practices still curtail and undermine women’s sexual and reproductive health, autonomy, dignity, and decision-making and pervasive gender inequality continues to have profound effects on their sexual and reproductive health and rights. Moreover, in recent years, resurgent threats to these rights have emerged jeopardising longstanding commitments to gender equality and women’s rights. This Issue Paper addresses these concerns against the backdrop of the human rights obligations of Council of Europe member states as enshrined in international and European human rights instruments and as elaborated and interpreted by human rights mechanisms. It provides an overview of states’ obligations in the field of women’s sexual and reproductive health and rights with a particular focus on comprehensive sexuality education; modern contraception; safe and legal abortion care and quality maternal health care.

The chapters in this book contribute to the wide discussion on universal health coverage. The variety of topics discussed here confirms the importance of UHC for academics and health professionals and also the controversies and challenges of its implementation.I invite you to read the book and be involved in the discussions around the goals of universal health coverage.