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THE RIGHT TO HEALTH IN INTENATIONAL LAWPDF|Epub|txt|kindle电子书版本网盘下载
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- JOHN TOBIN 著
- 出版社: OXFORD UNIVERSITY PRESS
- ISBN:0199603294
- 出版时间:2012
- 标注页数:416页
- 文件大小:22MB
- 文件页数:438页
- 主题词:
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图书目录
Introduction1
Ⅰ Clarifying expectations6
Ⅱ Constructing a meaning for the right to health8
A The history of the right to health8
B The conceptual foundations of the right to health9
C The need for a persuasive methodology10
D The meaning of health11
E The obligation of states to recognize the right to health11
1 Charting the History of the Right to Health14
Ⅰ Introduction14
Ⅱ From invisible to inalienable: the recognition of the right to health16
Ⅲ The origins of the right to health19
A The need to navigate the dangers of excessive liberalism and collectivism19
B The nexus between war, rights, health, and peace23
C The WHO and the right to the highest attainable standardof health27
D The adoption of the UDHR and its aftermath-a common enemy unites then the Cold War divides30
E Using history to understand the meaning of the right to health33
Ⅳ The role of public health in delivering the right to health34
A The ancient commitment to collective action to protect health34
B The reality of mixed motivations underlying collective health measures35
C The rise and fall of the Enlightenment36
D State expansion and the Industrial Revolution-towards an instrumentalist vision of public health37
E The rebirth of rights and the struggle for justice38
F Transforming national differences into an international commitment39
Ⅴ Conclusion: looking into and beyond the history of the right to health41
2 The Right to Health-Its Conceptual Foundations44
Ⅰ Introduction44
Ⅱ The preliminary question: the need to interrogate the conceptual foundations of the right to health?47
Ⅲ The conceptual foundations of the right to health49
A Looking for foundations in incompletely theorized agreements49
B The idea of a human right to health50
C Grounding rights in interests52
D A social interest theory of rights54
E Dignity as both coterminous and foundational56
F Beyond individualism57
G Dynamic but not arbitrary59
Ⅳ Dealing with the detractors: a defence of the right to health60
A The libertarian objection60
B The status objection63
C The formulation objection65
D The relativist challenge67
E The resource allocation dilemma69
Ⅴ Conclusion-an imperfect but good justification73
3 A Methodology to Produce a Meaning for the Right to Health75
Ⅰ Introduction75
Ⅱ The act of interpretation: from intentionalism to persuasion78
Ⅲ Defining the interpretative community-moving beyond states towards a communitarian model81
Ⅳ Seeking to persuade by constructive engagement86
A Providing a transparent account of the interpretative process86
B The features required for constructive engagement88
Ⅴ Conclusion-towards a common understanding118
4 The Meaning of the Highest Attainable Standard of Health121
Ⅰ Introduction121
Ⅱ The scope of the interest in which the right to health is grounded123
A The distinct nature of the international formulation123
B The meaning of health125
C Moving beyond a biomedical definition of health126
D The danger associated with inflating the right to health130
Ⅲ The freedoms associated with health132
A The right to sexual and reproductive freedom-an adolescent perspective133
B Freedom from medical experimentation144
C Freedom from non-consensual medical treatment144
Ⅳ The qualitative nature of the entitlements under the right to health158
A Availability159
B Accessibility167
Ⅴ Conclusion-a socially manageable meaning of health173
5 The Obligation to Recognize the Right to Health by All Appropriate Means175
Ⅰ Introduction175
Ⅱ The obligation to 'take steps'177
Ⅲ The meaning of 'all appropriate means'178
A A margin of discretion178
B Legislative measures179
C Using the tripartite typology to identify 'other appropriate measures'185
D Using the work of the human rights treaty monitoring bodies to develop an understanding as to the nature of'appropriate measures'197
Ⅳ Conclusion-moving towards a sufficiently specified account of the measures required to secure the right to health224
6 The Progressive Obligation to Realize the Right to Health225
Ⅰ Introduction225
Ⅱ The meaning of'maximum available resources'226
A Towards a dynamic understanding of available resources226
B Developing social resources230
C Seeking international co-operation as a source of resources231
Ⅲ The progressive nature of a state's obligations and the process for prioritization232
A The need for a dialogue232
B Addressing the resource allocation dilemma235
Ⅳ The concept of minimum core obligations238
A Genesis and inflation238
B In search of a principled basis for minimum core obligations241
C In search of a practical content for the minimum core obligations under the right to health243
Ⅴ Conclusion-progressive as a pragmatic and principled process252
7 Specific Measures Required to Secure the Right to Health254
Ⅰ Introduction254
Ⅱ The obligation to diminish infant and child mortality255
Ⅲ The obligation to provide medical assistance and health care, especially primary health care261
A Introduction261
B The emphasis on primary health care263
Ⅳ The obligation to combat disease and malnutrition267
A Introduction267
B Disease prevention269
Ⅴ The obligation to ensure occupational health and safety286
Ⅵ The obligation to provide pre-natal and post-natal health care for mothers287
A A progressive or immediate obligation287
B The meaning of 'appropriate' pre- and post-natal care289
Ⅶ The obligation to raise awareness and ensure access to information concerning health291
A Introduction291
B The information about health which all segments of society are entitled to receive291
Ⅷ The obligation to develop preventive health care, guidance for parents, and family planning education and services296
A Introduction296
B The obligation to develop preventive health care297
C The obligation to develop guidance for parents298
D The obligation to develop family planning education and services299
Ⅸ Conclusion-deference with limits301
8 The Obligation to Abolish Traditional Practices Harmful to Health303
Ⅰ Introduction303
Ⅱ The nature of a state's obligation-making progress towards effective abolition305
Ⅲ The practices to be abolished: 'traditional practices prejudicial to the health of children'306
A Prejudice to health as a contested concept306
B The identification of those practices to be abolished307
Ⅳ Measures to abolish traditional practices prejudicial to a child's health314
A Case study: female genital cutting314
B The problem of classification315
C The nature and health consequences of the practice316
D The measures to be adopted by states317
Ⅴ Conclusion-the need for a culturally sensitive approach323
9 The International Obligation to Secure the Right to Health325
Ⅰ Introduction325
Ⅱ The nature and scope of the international obligation to co-operate327
A A vision of qualified solidarity327
B The obligation to promote and encourage co-operation under the CRC329
C A tripartite international obligation331
Ⅲ Case study: the impact of the international obligation to co-operate on access to medicines351
A The dilemma: Intellectual property rights v access to medicines351
B Can TRIPS be justified?354
C Trade law and human rights-in search of system coherence364
D TRIPS and access to medicines-adjusting and reviewing expectations366
Ⅳ Conclusion368
Conclusion371
Appendix376
Select Bibliography381
Index403