In the 20th Century, a body of international law has developed recognizing basic human rights and the promotion and protection of those rights. In this body of law is an international right to health that includes the provision of health care services and the promotion of public health. The US has not completely embraced existing international treaties specifying a right to health. Indeed, the US record in the recognition and implementation of the international human right to health falls short of many other developed and even developing nations. In sum, the US has much to do to recognize, implement, and enforce the human right to health in the US.
International customary law may arguably impose on the US and other nations a right to health for all citizens. International customary law results from a general and consistent practice of states followed by them from a sense of legal obligation. Due to involvement of states, including the US, in negotiating and approving various human rights treaties, declarations and other agreements, the mandates in these instruments arguably become evidence of international customary law. As such, they may binds states, including the US, that have not actually ratified or even signed treaties.
This presentation addresses how international human rights law and customary international law establishing a human right to health can be used to impose obligations on the US government and/or its states as well as other nations to recognize and implement public health advances and health coverage for vulnerable groups.
Learning Objectives: Address how international human rights law and especially customary international law establishing a human right to health can be used to impose obligations on the US government and/or its states as well as other nations to recognize and implement public health advances and health coverage for vulnerable groups.
Keywords: International Health, Human Rights
Presenting author's disclosure statement:
Organization/institution whose products or services will be discussed: None
I do not have any significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.