Constitutional Foundations for a Human Right to Health

Eleanor D. Kinney, JD, MPH, The Hall Center for Law and Health, Indiana University School of Law -- Indianapolis, 530 West New York Street, Indianapolis, IN 46202, 317-274-4091, ekinney@iupui.edu

At a time when debate about the content and commitment toward public and private commitments to the financing and delivery of health care services as well as expanding pubic health protections is in doubt across the world, it is useful to explore the foundational principles of health law that may provide authority for restoring this commitment on an international, national and local basis. This presentation explores the possibility of human rights – in international instruments as well as the constitutions of the countries of the world – as providing the source of this foundational law.

Learning Objectives:

At the conclusion of this session, the attendee will be able to

Analyze the legal mandates for the pubic and private support for the financing and delivery of health care services and the promotion of public health.
Describe the various types of constitutional provisions regarding health and health care in the constitutions of the countries of the world.
Describe the sources of law for the international human right to health.
Analyze the impact of terrorism and national responses to terrorism on the implementation of the international human right to health.
Describe the inadequacies of the patients’ rights movement (pertaining to health insurance and managed care plans) in protecting the interests of patients in access to health care services and public health protections.

Keywords: Access to Care, Human Rights

Presenting author's disclosure statement:
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.

Recorded presentation

Human Rights and Public Health

The 132nd Annual Meeting (November 6-10, 2004) of APHA