1- Senior Researcher of Tehran University Public Policy Studies Center, Tehran, Iran
2- Assistant Professor of Laws, Department of Basic Sciences, School of Allied Medical Sciences, Tabriz University of Medical Sciences, Tabriz, Iran
3- Assistant Professor of Law, University of Judicial Sciences, Tehran, Iran
4- Assistant Professor of Research In Community Medicine, Health and Food Security Supreme Council Secretariat, Ministry of Health and Medical Education, Tehran, Iran
Abstract: (2618 Views)
The "Legal language" has provided a strong supportive argument for right to health advocacy. In such a way that, human rights rules has been established as the most important globalized political value at the heart of the theory and practice of public health discourse. Its power of enforceability guaranties fair distribution of health resources in each country. At the same time, the right to health, the “Right-claim” which has been identified by international and national documents requires preconditions that will not come true without the proper cultural, social, economic, and political infrastructures, in general the factors shaping the "context of people's lives”. In other words, a legal reasoning for right to health can be followed by an argument for the right to health determinants. Therefore, by adopting an epistemological approach, this paper presents a legal narrative of “governance for health”. This paper creates a new perspective on the "right to health" debates. Additionally, it provides powerful arguments that health policy should be based on a perception of factors with major impacts on the people health and what have being described as "health hazard", "health protector", and "health promoter". However, this claim for right to health as an "individual enforceable right" is criticized, and there may be theoretical and practical obstacles to the full realization of this human right.
Type of Study:
Research |
Subject:
Madical law Received: 2019/10/21 | Accepted: 2020/03/20 | Published: 2020/03/20