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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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Specific Measures Required to Secure the Right to Health

Specific Measures Required to Secure the Right to Health

Chapter:
7 Specific Measures Required to Secure the Right to Health
Source:
The Right to Health in International Law
Author(s):

John Tobin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199603299.003.0008

The formulation of the right to health in international law lists a series of explicit measures that states must pursue in order to secure the full implementation of this right. These measures, which range from an obligation to reduce infant mortality to the development of preventive health care and family planning services, are extremely broad and open textured. This chapter seeks to examine the extent to which parameters can be placed around their meaning in a way that allows states and the broader interpretative community to agree on the nature of the practical steps required to secure their implementation. Although considerable deference must be given to states' margin of appreciation to allow for a context-sensitive implementation of these specific measures, this margin remains subject to the overriding caveat that whatever measures are adopted by states must be effective.

Keywords:   infant mortality, maternal mortality, primary health care, disease, malnutrition, occupational health threats, environmental health threats, maternal health care, preventive health care, family planning

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