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The Right to Health in International Law$
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John Tobin

Print publication date: 2011

Print ISBN-13: 9780199603299

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199603299.001.0001

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The Obligation to Recognize the Right to Health by All Appropriate Means

The Obligation to Recognize the Right to Health by All Appropriate Means

Chapter:
(p.175) 5 The Obligation to Recognize the Right to Health by All Appropriate Means
Source:
The Right to Health in International Law
Author(s):

John Tobin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199603299.003.0006

This chapter seeks to identify the meaning of the obligation on states to ‘take steps’ to realize the right to health by ‘all appropriate means’. It shows that the work of the human rights treaty monitoring bodies offers considerable insights into the nature of the ‘appropriate…means’ required of states to secure the right to health with respect to measures such as judicial remedies and the adoption of national health plans. However, these contributions, particularly those of the Committee on Economic, Social, and Cultural Rights, have tended to inflate the scope of the measures required of states in a way that fails to pay sufficient attention to the need for both internal and external system coherence. A more modest vision with respect to the scope of a state's obligation will therefore be offered.

Keywords:   measures, obligation to respect, protect and fulfil, non state actors, judicial remedies, national health plans, privatisation

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