On The Right To Health

In respect of the theory and practice of international human rights, the thesis discusses the general problems of the right to health, including its concept and character; its general contents, core contents and differentiation between the contents of the other rights and those of the right to health ; its general subject of right and its special protection to the special groups; its subject of obligation, the standard and evaluation to the performance of the obligation; its implementation and relief; the collision and balance between public health and other rights, including the right to patent, the right to privacy, religious freedom, personal freedom etc.According to the International Covenant on Economic, Social and Cultural Rights, article 12, the right to health is'the right of everyone to the enjoyment of the highest attainable standard of physical and mental health'. The'highest attainable standard'depends on the resource condition and the level of economy and culture of the state, so the standard varies considerably among the states. This is an ambiguous concept. The resource condition and the level of economy and culture among the states make the ambiguity inevitably. In respect of nature, the right to health is a fundamental human right.The ambiguity of the concept of the right to health leads to the ambiguity of its contents. The ICESCR 12 lists the general contents of the right to health. In order to decrease this ambiguity partly and define it relatively clearly on a primary level, the international common method is to extract the basic core contents within the general contents. It is generally believed that the core contents of the right to health include two factors: health care and precondition...