The Minimum Core of the Human Right to Health
This Report offers a critical interpretation of the idea of ‘minimum core obligations’ associated with the right to health in international, regional and domestic law and practice. Two important methodological complexities affecting this project ne...
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| Format: | Working Paper |
| Language: | English |
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World Bank, Washington, DC
2018
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| Online Access: | http://documents.worldbank.org/curated/en/194751515587192833/The-minimum-core-of-the-human-right-to-health http://hdl.handle.net/10986/29143 |
| Summary: | This Report offers a critical
interpretation of the idea of ‘minimum core obligations’
associated with the right to health in international,
regional and domestic law and practice. Two important
methodological complexities affecting this project need to
be highlighted from the very outset. First, it cannot be
assumed that all uses of expressions such as ‘the human
right to health’, ‘the right to health’, or ‘minimum core
obligations’ bear the same meaning. Second, in seeking to
identify the role played by the idea of minimum core
obligations in the law and practice relating to the right to
health in various jurisdictions, we must distinguish the
concept of such obligations from the use of the words
‘minimum core obligations’. The structure of this report is
as follows. In Part II the idea of minimum core obligations
corresponding to the right to health is examined as it
manifests itself in international law and practice. Parts II
and III consider how the same doctrine manifests itself in
the context of regional legal orders (II) and state law and
practice (III). Given the enormous volume of material
potentially relevant here, these latter two parts are
necessarily highly selective, with a focus on some of the
most fertile cases for grasping the bearing on the minimum
core doctrine on the right to health. Finally, in Part IV,
the potential role of the minimum core obligations with
respect to the right to health are highlighted with respect
to development, focusing in particular on their bearing on
the Sustainable Development Goals, priority-setting more
generally, and the use of indicators. |
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