The Right to Health A Multi-Country Study of Law, Policy and Practic

With a Foreword by Paul Hunt, University of Essex, UN Special Rapporteur on the Right to Health (2002-2008)“The key challenge confronting the health and human rights movement is the translation of international and national human rights law into operation

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Brigit Toebes Rhonda Ferguson Milan M. Markovic Obiajulu Nnamuchi Editors

The Right to Health

Brigit Toebes Rhonda Ferguson Milan M. Markovic Obiajulu Nnamuchi •



Editors

Zlatka Koleva Assistant Editor

The Right to Health A Multi-Country Study of Law, Policy and Practice

123

Editors Brigit Toebes Faculty of Law, Constitutional and International Law University of Groningen Groningen The Netherlands

Milan M. Markovic Institute of International Law University of Graz Graz Austria and

Rhonda Ferguson Law Irish Centre for Human Rights Galway Ireland

Institute of Social Sciences Belgrade Serbia Obiajulu Nnamuchi Faculty of Law, Dept. of Public and Private Law University of Nigeria, Enugu Campus Enugu Nigeria

ISBN 978-94-6265-013-8 DOI 10.1007/978-94-6265-014-5

ISBN 978-94-6265-014-5

(eBook)

Library of Congress Control Number: 2014942052 Ó T.M.C.

ASSER PRESS

and the authors 2014

Published by T.M.C. ASSER PRESS, The Hague, The Netherlands www.asserpress.nl Produced and distributed for T.M.C. ASSER PRESS by Springer-Verlag Berlin Heidelberg No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)

Foreword

The key challenge confronting the health and human rights movement is the translation of international and national human rights law into operational policies, programmes and other health-related interventions. Nowhere is this more challenging—and more important—than within countries. How can the right to the highest attainable standard of health (‘the right to health’) shape national policies? Does the right to health require that a national hospital—or a district health system—be organized differently? If so, what changes are needed? Does this human right demand that a country give more attention to community-level health promotion, for example via radio messages, poster campaigns, street theatre or primary education? Does it mean that the government has an obligation to regulate the sugar content of children’s beverages? Does the right to health require the government to improve access to safe drinking water and adequate sanitation for rural communities and, if so, how can this be done within a finite budget? This is just a tiny sample of the challenging questions facing those who wish to operationalise the right to health—and other health-related rights—in communities, districts and at nati