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

Abstract

In today's society and government, the right to health is considered one of the basic human rights. These right guarantees everyone a clearly defined right to good health, based on the provisions in the Universal Declaration of Human Rights (1948) and the International Covenant on Economic, Social and Cultural Rights (1966). The international law of the right to health, including its substance, obligations and implementation, can be regarded as belonging to the field of international human rights law. Of particular interest is the USA where a particular type of healthcare system has emerged, a private and insurance-based system, far removed from the universal systems of western European countries like the National Health Service and France. The article takes a comparative perspective, and focuses on the consequences of the U.S. not ratifying ICESCR, as well as the fact that health rights are poorly recognized in the U.S. constitution. 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.