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14 Article 12: The Right to Health

Ben Saul, David Kinley, Jacqueline Mowbray

From: The International Covenant on Economic, Social and Cultural Rights: Commentary, Cases, and Materials

Ben Saul, David Kinley, Jaqueline Mowbray

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 January 2021

Subject(s):
Right to health — Economic sanctions — UN Charter — Treaties, interpretation — Jurisdiction of states, enforcement
The history of the specific provision of a right to health in the Covenant is tied up with its broad-based origins in the Universal Declaration on Human Rights (UDHR), in which the rights to health and an adequate standard of living are conjoined in Article 25.1 As noted at the beginning of the previous chapter, the two rights were separated soon after the UN Commission on Human Rights began the task of transposing the UDHR into binding international instruments. In that process it was manifestly apparent that the two rights, although evidently conceptually...
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