Volume 7, Issue 24 (Spring 2013)                   Medical Law Journal 2013, 7(24): 139-170 | Back to browse issues page

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Alekajbaf H. Concept and situation of Rights to Health under the International Human Rights bills”. Medical Law Journal. 2013; 7 (24) :139-170
URL: http://ijmedicallaw.ir/article-1-103-en.html
Abstract:  

With efforts paid by the international community to protect human rights, some area and effective factors in accomplishing human rights have been recognized. Right to highest attainable standards of health that called as the right to health is one of the recognized human rights that its importance has been emphasized on by Human Rights Instruments. Individual health has been counted as one of the most important factors of human dignity. Therefore, rights to health have been recognized as one of the fundamental human rights in international system of human rights. There are different ambits regarding the health each have different dimensions due to which presenting a definition of such rights agreed upon is difficult. Mostly, corporal and mental health and to some extent social and moral health have been protected under the human rights documents. Governments have also generally definite responsibilities upon providing and ensuring such rights. It is clear that governments are not able to provide such circumstances under which preserving health of individuals and its acceptable level can be ensured but they can provide the same to protect the health and its accessibility for individuals. Rights to health have a concrete standing in human right documents and international custom too and can be enumerated among general principles accepted by the developed legal systems. This right is categorized under the second generation of human rights. In this article, the most important aspects of right to health in international human rights documents have been discussed. This article tries to give answers to some questions like what is the standing point of right to health in international legal system. What is contentious concept and elements of such a right? And what are different kinds of obligations levied on governments regarding this right? The research methodology used in this study is descriptive – analytical and data gathering method used is based on library method.


Received: 2013/01/29 | Accepted: 2013/04/17

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