: International Human rights: the right to health
Need a Research question and unique structure not one paragraph per point (mentioned below).
– A description of the two categories of civil and political rights and of economic, social and cultural rights, including a discussion of the critiques on the tenability of the distinction.
– A brief discussion of the right to health and its legal context generally. (originates from UN declaration but now specifically ICESR article 12)
– A description of one (or two at the most) aspect(s) of the right to health, and an analysis of this aspect of the right to health in terms of the ‘classic’ and ‘social’ human rights distinction.
– A reflection on the question of whether the traditional distinction between civil and political rights on the one hand and economic, social and cultural rights on the other still makes (some) sense, for example whether or not it can be helpful in the analysis of States’ human rights obligations.
A distinction is often drawn between civil and political rights (‘classic human rights’) on the one hand, and economic, social and cultural rights (‘social human rights’) on the other. This categorisation relies on distinctions, such as ‘immediate’ versus ‘progressive’ realisation and ‘negative’ versus ‘positive’ obligations that have been shown untenable in any absolute sense. Many civil and political rights do require the State to actively facilitate their realisation (for instance the right to vote, which requires quite some organisation). On the other hand, social, economic and cultural rights often have aspects that require State restraint rather than interference. An example is the right to education, which encompasses the right of parents to enrol their child in a private school without State interference.
The starting point for your paper is the right to health, as provided for in the International Covenant on Economic, Social and Cultural Rights. Time and space permitting you may include references to other ESC rights treaties, such as the European Social Charter.
The right to health is a very broad concept, encompassing many different elements (access to medication or doctors, minimum health care rights for people with low/no income, reproductive rights, access to abortion, etc.). These various aspects may demand both State restraint – associated with ‘classic’ human rights – and State action – associated with ‘social’ human rights. For your paper choose one (or a maximum of 2) such aspect(s) and discuss and analyse it from the perspective of the perceived differences between ‘classic’ and ‘social’ human rights.
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