A Right to Health?
HEALTH LAW IN AUSTRALIA - 2ND EDITION, Ben White, Lindy Wilmott, Fiona McDonald, ed., Thomson Reuters, pp. 103-124, 2014
Posted: 5 Aug 2014 Last revised: 27 Feb 2015
Date Written: August 5, 2014
This chapter reviews the status in Australia of the 'right to health' in international law. It concludes that while there are a number of examples where human rights principles have been considered when determining traditional 'protective' civil rights issues (such as consent to treatment or other negative incursions on liberty), a positive legal right to health is both difficult to define with sufficient precision and of little purchase in domestic Australian law. In light of this the chapter considers alternatives to legal avenues for the realisation of access to the dignity of health, whether political, moral or otherwise.
Keywords: the right to health, defining and operationalizing positive rights, limits of law, supplementary strategies of realisation
JEL Classification: K10, K30, K32
Suggested Citation: Suggested Citation