Evolving the right to health: rethinking the normative response to problems of judicialization

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Abstract

Judicial readings of the right to health (and related rights) frequently possess something of an ‘all or nothing’ quality, exhibiting either straightforward deference to allocative choices or conceptualising the right as absolute, with consequent disruption to health systems, as witnessed in Latin America. This article seeks to identify pathways through which a normatively intermediate approach which would accord weight to rights claims without losing sight of the fact of the scarcity of health resources might be developed. It is argued that such development is most likely both to accompany and support a role for courts as institutions functioning within a society characterised by a deliberative conception of democracy.
Original languageEnglish
Pages (from-to)121-132
Number of pages12
JournalHealth and Human Rights Journal
Volume20
Issue number1
Publication statusPublished - 22 Jun 2018

Structured keywords

  • LAW Centre for Health Law and Society

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