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  • The Right to Health: From Treatment and Care to Creating the Conditions for a Healthy Life

    Jody Heymann, Aleta Sprague, Amy Raub

    Chapter from the book: Heymann, J et al. 2020. Advancing Equality: How Constitutional Rights Can Make a Difference Worldwide.


    Health is foundational to equal opportunities to succeed and participate fully in society—but what does a “right to health” entail? Can governments both ensure all people have access to medical care and take steps to prevent needless illnesses and injuries? In this chapter, we explore countries’ varying approaches to constitutionally protecting the right to health, and evaluate how different courts have approached the challenge of progressively fulfilling all people’s health needs within the constraints of limited resources. This chapter further explores what types of health rights cases typically come before the courts, and evaluates whether countries can ensure that judicial rulings on the right to health have benefits that extend far beyond the individuals bringing the case.

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    How to cite this chapter
    Heymann, J et al. 2020. The Right to Health: From Treatment and Care to Creating the Conditions for a Healthy Life. In: Heymann, J et al, Advancing Equality. California: University of California Press. DOI: https://doi.org/10.1525/luminos.81.k

    This chapter distributed under the terms of the Creative Commons Attribution + Noncommercial + NoDerivatives 4.0 license. Copyright is retained by the author(s)

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    Published on Jan. 14, 2020