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The Human Right to Health
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The Human Right to Health

Solidarity in the Era of Healthcare Commercialization

9781788979641 Edward Elgar Publishing
Eduardo Arenas Catalán, Assistant Professor of Public International Law, Department of Criminal, International and European Law, Open University, the Netherlands
Publication Date: 2021 ISBN: 978 1 78897 964 1 Extent: 224 pp
This timely book offers a fresh perspective on how to effectively address the issue of unequal access to healthcare. It analyses the human right to health from the underexplored legal principle of solidarity, proposing a non-commercial understanding of the positive obligations inherent in the right to health.

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This timely book offers a fresh perspective on how to effectively address the issue of unequal access to healthcare. It analyses the human right to health from the underexplored legal principle of solidarity, proposing a new understanding of the positive obligations inherent in the right to health.

Combining human rights law, public health and social theory, Eduardo Arenas Catalán demonstrates that when interpreted in line with the principle of solidarity, the right to health should be viewed as a non-commercial right. Arenas Catalán argues that the right to health’s functions are to challenge the commodification of healthcare and to advance free-of-charge public healthcare services. Moreover, through a critical analysis of classical jurisprudence concerning the right to health, the book delivers a searing indictment of the effects of neoliberal capitalism and commercialization on human rights.

This thought-provoking book will be of interest to scholars and students of law, in particular international human rights law, public international law and legal theory, as well as social and public health researchers and students. Policy makers and legal practitioners will also find its original analysis of solidarity in the context of human rights and the law useful.
Critical Acclaim
‘In this compelling study of the human right to health, Eduardo Arenas Catalán moves beyond a common focus on access to care enforced by judges, indicting failures to challenge commercialization of life itself in our time. The results convincingly situate extant doctrine and jurisprudence, whether from international law and national settings, within an ambitious agenda of making social rights more genuinely solidaristic.’
– Samuel Moyn, Yale University, US
Contents
Contents: Preface 1. Human rights and commercialization 2. The predominant interpretation of the right to health 3. Solidarity and health 4. The right to health as a social right 5. The adjudication of the right to health 6. Solidarity and the right to health: provision and financing of healthcare 7. Conclusions Bibliography Index

This title is available for Open Access via Elgaronline.

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eISBN: 978 1 78897 965 8
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