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

See all articles by Terry Carney AO

Terry Carney AO

The University of Sydney Law School

Date Written: August 5, 2014

Abstract

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

Carney AO, Terry, A Right to Health? (August 5, 2014). HEALTH LAW IN AUSTRALIA - 2ND EDITION, Ben White, Lindy Wilmott, Fiona McDonald, ed., Thomson Reuters, pp. 103-124, 2014, Available at SSRN: https://ssrn.com/abstract=2476232

Terry Carney AO (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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