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International Human Rights Law from the Perspective of the right to health protection research

Author: SunXiaoYun
Tutor: DengRuiPing
School: Southwest University of Political Science
Course: International Law
Keywords: International Human Rights Law Economic, social and cultural rights The right to health protection Health system
CLC: D998.2
Type: PhD thesis
Year: 2008
Downloads: 1088
Quote: 6
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Abstract


20th century 21st century, human rights and health of almost the same time become the world's hot spots. In 1999 WTO Ministerial Conference in Seattle that occurred during the massive anti-globalization and anti-WTO protests as the beginning, from Geneva, New York to Montreal, Tokyo, where the world trade and financial issues related to an international conference has a large number anti-globalization protesters. Thus, international economic organizations and human rights, in particular the WTO as an international economic law and human rights, a hot issue, in which WTO rights of the right to health and the environment impact of the most prominent. Meanwhile, in 2001 the right to health jurisprudence of the Constitutional Court of South Africa, \. 2003 global SARS outbreak and other public health events triggered by the global public health crisis caused further on the global market and public health concerns. In China, following the 1993 amendment to the constitution explicitly states that when the development of the socialist market economy, the 2004 Human Rights in the Constitution, the people's livelihood has been further become the main theme of the current society, in the 2007 report of the Seventeenth Party Congress, \is to promote the building of an important component of people's livelihood, but also the party's solemn promise made to the people. These events have appeared in the international and domestic arena are not historical accident, but the global market for the intrinsic right to health effects of inevitable external reflection. Originated from the right to health perspective, is a 19th century industrial revolution caused by the economic chaos of the response. The right to health in the 21st century to become the focus of the international community is also a negative impact on the global market response. The behavior of the South African NGO succeeded in providing the right path to solve health problems, rather than the usual economists and politicians global economic paradigm the eyes of national security issues or charitable purposes; Meanwhile, the South African Constitutional jurisprudence from practice given a negative justiciability of the right to health for people with a powerful counterattack, proved the possibility of judicial protection of the right to health. Therefore, the establishment of a market with international human rights law, as the right to health under the domain interaction between the global market under the influence of the right to health and the right to health to address global health crises and national health care reform to provide the right path has contemporary significance. How to define the concept of the right to health, the World Trade Organization and the World Bank, the World Health Organization and other United Nations human rights bodies outside the world of international organizations to protect the right to health impact of existing regional human rights protection mechanisms how to implement the right to health protection, the right to health protection practices in different countries how the right to health protection for our current health care reform what practical significance, these questions only related to the field of international human rights law to protect the realization of the right to health, but also related to the trend of health care reform and people's enjoyment of the right to health has important theoretical significance and practical value. Based on the comprehensive use of the international political economy of power structure theory, empirical analysis, comparative analysis and other methods, based on the doctrine from the text to focus on functionalism, from basic theory to solve practical problems, through the protection of fundamental aspects of the right to health analysis to establish the theoretical basis of the right to health protection, and thus from the world, regional and national three levels to protect the right to health system analysis and interpretation, and based on the reality of China, proposed to build the right to health protection system of specific ideas. Addition to the introduction and conclusion, comprise five chapters: Chapter One: the right to health protection of the basic category. Analysis of the concept of the right to health and morphology, the right to health protection and the historical evolution of international standards, the establishment of the right to health protection of the basic category. First, the concept of ontology traceable through health and the right to health in international human rights treaties and the case of the interpretation of the right to health is defined as the effective and integrated health system to enjoy the services of the right, revealing the International Human Rights Law Perspective is the essence of the right to health resource allocation requirements, personal involvement and legal responsibilities emphasize strengthening. Secondly, the right to health morphology in-depth analysis, pointing out that the right to health protection exists the highest possible - limited resource structure, legislative - judicial power structure, and security - Production - Finance - Knowledge Hierarchy three underlying structural contradiction, and thus the use of Saussure semiotic theory refers to the relationship between signifier and pointed out that the right to health of the external morphology diversity, the performance of the international human rights treaties and constitutional provisions as well as the direct health and other specific provisions of the legal system indirectly. Again, respectively, health services and national obligations as the center, the right to health protection analysis of two international standards, the establishment of the analytical framework of the right to health protection. Finally, from the international and domestic level, the right to health protection of the historical evolution of the analysis reveals the origins of the right to health in the 19th century, after long-gone unnoticed international human rights law as well as into the development stage in the 21st century performance and why. Chapter II: Protection of the right to health of the world. The introduction of international political economy analysis of international human rights law, revealing the UN human rights bodies outside the world of international organizations to protect the right to health and the structural impact of the root causes. Confined to the United Nations human rights bodies lack the mandatory supervision law on the right to health can not provide effective protection in stark contrast to other recent global international organizations such as the WTO, the World Bank and the World Health Organization on the growing influence of the right to health protection outstanding. Traditional theories of international human rights legislation based on natural law and social contract theory, focusing on the United Nations human rights treaties and UN human rights bodies, international organizations worldwide can not protect the right to health, the impact of the complex to conduct a comprehensive analysis. This chapter will England international political economy of power structure theory as an analytical tool, breaking the traditional national and human rights perspective, the security, production, finance and knowledge as a research base four power structures, respectively, WTO, World Bank, World WHO and other international organizations in four global right to health protection affect a large number of international documents and policy research, analyzes its structural effects, revealing the state and the market forces to protect the right to health of the deep impact. Chapter Three: the right to health protection of the region. Europe and the Americas, two major regional human rights protection agencies the right to health protection as well as a large number of case analysis and study, through empirical does not have a right to health suability perspective correction. As long-standing United Nations human rights bodies first-generation and second-generation human rights dichotomy, the right to health and a lack of fuzzy concept suability dominated by the United States against some scholars the main reason for establishing the right to health. However, both are dependent on the development of the judicial practice development. Through a lot of the right to health jurisprudence demonstrates the possibility of judicial protection. First, the \Collective redress mechanism in the case of the right to health and the \Secondly, based on the \Through the Inter-American Commission on Human Rights as the center, the right to health of indigenous human cases of prisoners the right to health and access to medicines case of three case studies in-depth analysis of the case reveals the Americas, the right to health protection by-case basis progressive trends and typed feature. Chapter 4: the right to health protection. Major international human rights law to protect the right to health, as the domain that is a core part of national protection analysis. International human rights protection in the country has been the importance of the role of the United Nations Economic, Social and Cultural Rights Committee fully affirmed. In South Africa, Canada and the United States represented, mainly from the right to health, legislative and judicial protection of two aspects, namely, the right to health in three countries in different protection modes were analyzed and compared. The legislative protection of research, mainly from two aspects of the Constitution and the health system were analyzed; study of judicial protection, the focus of the South African Constitutional Court established the principle of priority configuration, cost-effectiveness principles and the principle of medical emergency, and the highest in Canada Court to protect the right to health in duality. Thereafter, the U.S. Constitution the right to health before and after a change in attitudes, a non-20th century and 21st century battle to protect the right to health development for analysis. Thereby establishing that the constitutional status of the right to health is to achieve international human rights law Horizon necessary means to protect the right to health, which is both global market erosion of the right to health has clearly demonstrated, but also for the Construction of the right to health protection system provides a foundation. Chapter Five: our right to health protection system build. Analysis of the legal situation of the right to health protection and practical significance of the right to health protection proposal of building a system of specific ideas. First, the legal protection of the right to health to analyze the situation, including the country in the international community and the international commitments made by the Constitution and the provisions of the health system, health system that the three levels of protection and the two countries and the presence of defects and market competition. Second, analysis of China's right to health protection system build social significance that the building of a harmonious society and people's livelihood construction background, build our right to health protection system is to build a harmonious society needs, but also to overcome the failure of the Government in the field of health and break the current the need for health care reform puzzle. Finally, the right to health protection system to build our vision. That our legal system to protect the right to health should be at different levels and in different sectors composed of laws and regulations, including international human rights law, the Constitution and the Basic Law, Health Law, Health Law outside the laws, regulations and judicial interpretations, etc., and the specific provisions of the Constitution design, the fundamental objective of the health system, the basic principles of national obligations and constitute the basic system of health and health resource mobilization and allocation principles for a comprehensive set of system configurations.

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CLC: > Political, legal > Legal > International law > Nationality Act > International Protection of Human
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