This timely book offers a fresh perspective on how to effectively address the issue of unequal access to healthcare. It analyses the human right to health from the underexplored legal principle of solidarity, proposing a new understanding of the positive obligations inherent in the right to health.
Combining human rights law, public health and social theory, Eduardo Arenas Catalan demonstrates that when interpreted in line with the principle of solidarity, the right to health should be viewed as a non-commercial right. Arenas Catalan argues that the right to health's functions are to challenge the commodification of healthcare and to advance free-of-charge public healthcare services. Moreover, through a critical analysis of classical jurisprudence concerning the right to health, the book delivers a searing indictment of the effects of neoliberal capitalism and commercialization on human rights.
This thought-provoking book will be of interest to scholars and students of law, in particular international human rights law, public international law and legal theory, as well as social and public health researchers and students. Policy makers and legal practitioners will also find its original analysis of solidarity in the context of human rights and the law useful.
Rezensionen / Stimmen
'In this compelling study of the human right to health, Eduardo Arenas Catalan moves beyond a common focus on access to care enforced by judges, indicting failures to challenge commercialization of life itself in our time. The results convincingly situate extant doctrine and jurisprudence, whether from international law and national settings, within an ambitious agenda of making social rights more genuinely solidaristic.' -- Samuel Moyn, Yale University, US
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Verlagsort
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Maße
Höhe: 234 mm
Breite: 156 mm
ISBN-13
978-1-78897-964-1 (9781788979641)
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Schweitzer Klassifikation
Eduardo Arenas Catalan, Assistant Professor of Public International Law, Department of Criminal, International and European Law, Open University, the Netherlands
Contents: Preface 1. Human rights and commercialization 2. The predominant interpretation of the right to health 3. Solidarity and health 4. The right to health as a social right 5. The adjudication of the right to health 6. Solidarity and the right to health: provision and financing of healthcare 7. Conclusions Bibliography Index
