Health care and human rights: against the split duty gambit.

Journal Article (Review;Journal Article)

There are various grounds on which one may wish to distinguish a right to health care from a right to health. In this article, I review some old grounds before introducing some new grounds. But my central task is to argue that separating a right to health care from a right to health has objectionable consequences. I offer two main objections. The domestic objection is that separating the two rights prevents the state from fulfilling its duty to maximise the health it provides each citizen from its fixed health budget. The international objection is that separating a human right to health care fails the moral requirement that, for any given moral human right, the substance to which any two right-holders are entitled be of an equal standard.

Full Text

Duke Authors

Cited Authors

  • Sreenivasan, G

Published Date

  • August 2016

Published In

Volume / Issue

  • 37 / 4

Start / End Page

  • 343 - 364

PubMed ID

  • 27491747

Electronic International Standard Serial Number (EISSN)

  • 1573-0980

International Standard Serial Number (ISSN)

  • 1386-7415

Digital Object Identifier (DOI)

  • 10.1007/s11017-016-9375-7


  • eng