Understanding the futility of countries’ obligations for health rights: realising justice for the global poor
AbstractBackground: Although health is a right of all individuals without any distinction, the realisation of this right has remained very difficult for the marginalised populations of poor countries. Inequitable distribution of health opportunities globally is a major factor in explaining why this is the case. Whereas the Protection, Promotion and Fulfilment of the health rights of poor country citizens are a joint responsibility of both domestic and external governments, most governments flout their obligations. So far disproportionate effort has been dedicated to reaffirming and interpreting these obligations as opposed to investigating the fundamental question regarding why these obligations have nevertheless remained largely unfulfilled. Further the normative question regarding what ought to be done about the shortcomings of current obligations has been largely ignored. Methods: We conduct a critical content analysis of existing literature on efforts towards the realisation of the health rights of marginalised populations in our attempt to ascertain their capacity to guarantee basic health opportunities to marginalised populations. In our analysis we treat issues of ‘health rights’ and ‘justice in global health’ as having unity of purpose – guaranteeing basic health opportunities to the marginalised populations. Results: We identify two sets of reasons for the failure of present obligations for global distributive justice in general: a set of ‘superficial reasons’ and a set of ‘fundamental reasons’ which account for the superficial reasons. Discussion: In order to overcome these reasons we propose a strategy which consists in specifying a number of minimum and less-demanding obligations for both external and domestic governments to guarantee to all individuals a certain threshold of health goods and services. We argue that these minimum obligations can be freely accepted and fully complied with or enforced with “a thin system of enforcement” without significant threat to national sovereignty and autonomy. Conclusion: The futility of countries’ obligations for the health rights of the global poor as is the case with global distributive injustice is because of lack of political will to specify and enforce such obligations. Minimum obligations should be specified and enforced with a “thin system” which is consistent with principles of national sovereignty and autonomy.
Similar books and articles
Obligations of Low Income Countries in Ensuring Equity in Global Health Financing.John Barugahare & Reidar K. Lie - 2015 - BMC Medical Ethics 16 (1):1-11.
Can Resource-Poor Countries Bear Any Obligations for Global Distributive Justice? A Reflection on the Distribution of Global Health Opportunities.John Barugahare - 2016 - Dissertation, Bergen
Obligations of Poor Countries in Ensuring Global Justice: The Case of Uganda.John Barugahare & Reidar K. Lie - unknown
A Framework to Link International Clinical Research to the Promotion of Justice in Global Health.Bridget Pratt & Bebe Loff - 2013 - Bioethics 27 (3):387-396.
What's Wrong with the Global Migration of Health Care Professionals? Individual Rights and International Justice.James Dwyer - 2007 - Hastings Center Report 37 (5):36-43.
Global Health Justice and the Right to Health.Heather Widdows - 2015 - Health Care Analysis 23 (4):391-400.
Global Justice and the Limits of Human Rights.Dale Dorsey - 2005 - Philosophical Quarterly 55 (221):562–581.
Global Justice and Health Systems Research in Low‐ and Middle‐Income Countries.Bridget Pratt & Adnan A. Hyder - 2015 - Journal of Law, Medicine and Ethics 43 (1):143-161.
Linking International Clinical Research with Stateless Populations to Justice in Global Health.Bridget Pratt, Deborah Zion, Khin M. Lwin, Phaik Y. Cheah, Francois Nosten & Bebe Loff - 2014 - BMC Medical Ethics 15 (1):49.
Why Restrictions on the Immigration of Health Workers Are Unjust.Javier Hidalgo - 2012 - Developing World Bioethics 12 (3):117-126.
Re-Examining States’ External Obligations to Implement Economic and Social Rights of Children.Michael Wabwile - 2009 - Canadian Journal of Law and Jurisprudence 22 (2):407-450.
Is Miller's Minimalist Approach to Human Rights Obligations Coherent?John Pearson - 2011 - Theoria: A Journal of Social and Political Theory 58 (129):35-57.
The Active Recruitment of Health Workers: A Defence.Javier S. Hidalgo - 2013 - Journal of Medical Ethics 39 (10):603-609.
Added to PP
Historical graph of downloads