The International Framework on the Right to Healthcare: A Comparative Analysis with Special Reference to the United States

Abstract

The human right to health is a fundamental principle in contemporary society and governance. Based on the provisions in the Universal Declaration of Human Rights (1948) and the International Covenant on Economic, Social and Cultural Rights (1966), these right guarantees everyone a defined entitlement to good health. The development and normative architecture of the international right to health, with particular attention to its contents, duties, and mechanisms for realization can be seen as concerned to the global human rights law. Of special interest is the US, where an particular kind of healthcare system— with a privatised, insurance-based model vastly different from universal systems found in western European nations such as National Health Service and France— has developed. Using a comparative approach, the article illustrates that distance between international commitments and domestic implementation, focusing on consequences of non-ratification of ICESCR by the U.S. and on the weak constitutional recognition of health rights therein. It also highlights that socioeconomic disparities, policy dysfunction and political division still stand in the way of fair access to health care. It, further, argues how the U.S. health care system could be brought into compliance with international human rights standards through such reforms as universal coverage, codification of the right to health and ratification of treaties on these issues.