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KMID : 0986720140220020205
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Korean Journal of Medicine and Law
2014 Volume.22 No. 2 p.205 ~ p.231
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Legal Foundation of Right to Health and Issues for Realizing Right to Health
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Jung Min-Soo
Kim Ji-Yeon
Kim Su-In
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Abstract
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This study investigated how the right to health is applied and realized nowadays and what it implies in the field of law and health science based on Universal Declaration of Human Rights (UDHR) and International Covenant on Economic, Social and Cultural Rights (ICESCR). UDHR built legal foundation of right to health, and played a central role in leading the social realization of the right. Even though the degree of the realization of individual’s right is different depending on the degree of healthcare resource of each nation, UDHR and ICESCR have contributed to encouraging nations and social institutions to provide the systems related to right to health with accountability. In addition, health as a fundamental right was able to be reviewed legally within society and its scope of realization was expanded under the principle of equality and non-discrimination due to UDHR and ICESCR. However, UDHR and ICESCR had certain limitations for solving concrete cases of the violation of right to health in reality as international law had little influence on building foundations for a human right within positive law. In this aspect, international organizations and non-profit organizations (NPOs) played an important role in realizing right to health as a legal right. Especially, global-scale NPOs requested for the access to ARV (anti-retrovirus) medicine for HIV infectee to draw accountability from governments as a matter of global health. They tried constantly to expand the limitations of managerial human rights of government, and contributed to legal realization of right to health by increasing justiciability. Therefore, we need to focus on not only strengthening the legal foundation for the right to health through UDHR and ICESCR, but also the roles of various NPOs from the aspect of global health for fundamental realization of right to health. Furthermore, it is important to explore the proceduralisation for the realization of right to health by reviewing ethical matters gradually increasing in the field of healthcare such as the autonomy of the patients.
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KEYWORD
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Right to health, Accountability, Non-profit organizations, Justiciability, Managerial human rights
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