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The Human Right to Health
Terms in this set (21)
A right to health is generally articulated as a right to a 'basic minimum level of health care'
What does Buchanan state that the right to health is genuinely articulated as
confusion as to the standard of health care human beings should be entitled to and what is actually achievable in practical terms
What is there confusion as to relating to the right to healthcare?
Sovreignty of out own bodies and our power to determine how it is to be treated in the medical context
Arguably, what is the right to healthcare based on? Michel Foucoult explored this in his seminal piece 'The Birth of the Clinic'
In relation to the development of healthcare in 18th century France. The poor would volunteer for trials and experiments out of desperation which resulted in improved healthcare for the rich.
In what context did Foucoult explore the importance of sovreignty with regard to medical matters?
Tony Nicklinson who was unable to exercise his right to die for the reason that he needed assistance in order to receive the lethal treatment
Which UK case is an example of sovereignty over ones body with regard to the right to healthcare?
'state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.'
What does the World Health Organisation define health as being
Which article of the UDHR relates to medical care, note the same one is on standard of living, food clothing and housing
a) provision for reducing stillbirths and infant deaths b) improving environmental and industrial hygiene c) prevention and treatment of diseases d) creating conditions which where people can be treated in the event of sickness
Which four elements are included as being part of the enjoyment of the 'highest attainable standard of physical and mental health' by article 12 of the ICESCR?
states it is a fundamental right indispensable for the exercise of other human rights and that it is closely related to and dependent upon the realisation of other human rights. Also states right to food, housing, work and education are integral components of this right (broad healthcare)
What does the UN general comment No. 14 state relating to the right to health
Which academic supports the view that healthcare is not just a right to health care but actually to other elements
he stated that the notion that it is entitlement to the highest attainable standard of healthcare is fundamentally flawed because this is not a realistic social aim let alone a right
James Griffin states that the right to healthcare is not to be restricted to just receiving healthcare, however, what has he stated this right is not
The right to health remains necessary in order to have and enjoy... other related human rights
What does Bazi state that health is necessary for
a threat to health can be a threat to security
What element of health threats could suggest convergence between CPR and ESR?
That the right to health is interlinked with subsistence and it would be and it CPR cannot be superior to ESR when the realisation of CPR is contingent upon ESR
What does Lisa Forman ague
should emphasise individual agency and support individuals with the mental and physical ability required for agency
What does Nolan state that the right to health should do
Related to individuals that had been evicted and faced homelessness, they argued that the state had an obligation to take measures with regard to their right to shelter. The court held that rights should be understood in their context and that there should be a minimum level of rights enforcement
What were the facts of SA v Grootboom (related to housing)
Health is about more than sufficient access to medical treatment and its fulfilment is connected with other economic and social rights
What did the Court state relating to the right to health in Grootboom?
'The basic human rights are the rights necessary for the development and exercise of autonomy'
What does Talbot state the fundamental purpose of the right to health as being?
There is not yet a universally agreed definition of a rights-based approach to health. However, it is better to apply a rights-based approach to health than an analytical and operational approach
What does Hunt state relating to whether there is a definition of health and what approach shul dbe taken
a recognition approach where rights are claims grounded on the vulnerability of the human condition
What approach to health does Haden recommend?
How many people do Reuters estimate to lack healthcare worldwide
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