On Human Rights in Healthcare: Some Remarks on Limits of the Right to Healthcare
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Abstract
Notwithstanding the expectations related to the ‘invasion’ of human rights into the field of healthcare, the complexity of this field raises some problematic questions about the applicability of such a legal instrument. The present paper analyses the possible limits to the content of the core right to healthcare. These limits are discussed through the examination of two normative pillars of health law: the right to individual self-determination (or the principle of individual autonomy) and the right to healthcare itself. The authors conclude that in the context of the scarcity of resources the effectiveness of the guarantees of the right to healthcare will depend on the narrowing of the concept of the right by choosing the biomedical definition of health as the basis.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
