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Research Handbook on Human Rights Law and Health

Research Handbook on Human Rights Law and Health

Author: Elizabeth Wicks; Nataly Papadopoulou
Publisher: Edward Elgar Publishing
ISBN: 9781803928029
Published In: September 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This Research Handbook examines the many ways in which health engages human rights law. It also explores current debates which challenge traditional perspectives of rights and identifies potential new directions in which human rights law might venture, including the legal status of medical devices, a human right to medicines and conscientious objections to assisted dying.

Elizabeth Wicks and Nataly Papadopoulou bring together renowned experts who pose important questions about the limits of human rights, and the law more broadly, as new threats and opportunities related to health emerge. The Research Handbook adopts a forward-looking perspective in which contributing authors challenge the status quo and seek to identify key future challenges for which new directions of human rights law can play a crucial, positive role in the betterment of health and health care provision. Chapters examine contemporary issues of concern such as health rights for migrants, assisted dying, surrogacy and abortion, access to health care for older persons and the need to protect landscapes for health.

This Research Handbook will be a vital tool for students and scholars of human rights law and health law. Its forward-thinking approach to both the role of human rights and the conceptualisation of health will also greatly benefit practising lawyers and legal policymakers seeking to reform the field.

Introduction: human rights law and health – new challenges; new perspectives 1

Nataly Papadopoulou and Elizabeth Wicks

PART I HUMAN RIGHTS ISSUES IN HEALTH

The right to health 12

Stephen P. Marks

The right to health: shifting priorities from healthcare to prevention 41

Brigit Toebes and Aart Hendriks

Pursuing health rights for distress migrants: harnessing interdisciplinary inputs and legal literacy 56

Stefano Angeleri

The doctrine of informed consent, patients’ religious beliefs and relational theory of autonomy 80

Nili Karako-Eyal

A right to refuse to kill? Human rights and conscientious objection to ‘assisted dying’ in the UK 105

Mary Neal

PART II HUMAN RIGHTS AND HEALTH THROUGHOUT THE LIFE CYCLE

Surrogacy: reproductive rights enabling ‘biological colonialism’? 135

Marianna Iliadou

‘Abortion is healthcare’: the promise and pitfalls of framing abortion under the right to health 157

Zoe L. Tongue

Building on areas of agreement in the United Nations’ Convention on the Rights of Persons with Disabilities: the right to ‘habilitation and rehabilitation’ for mental illness 179

Brendan D. Kelly

Older persons and fundamental human rights to access healthcare in England: new models, new protections? 194

Jean McHale

10.

Living through dying: the case for the legalisation of assisted dying based on the rights to life and freedom from ill-treatment in the European Convention on Human Rights 219

Stevie Martin

11.

Political environments of assisted dying: affirming the legitimacy of assisted dying legislation 247

Cedric Charles Gilson and Nataly Papadopoulou

PART III CHALLENGING HUMAN RIGHTS AND HEALTH: NEW PERSPECTIVES AND EMERGING CHALLENGES

12.

Hybrid human rights? Persons, property rights, and medical devices 277

Muireann Quigley and Joseph Roberts

13.

The evolution of the human right to medicines from HIV/AIDS to COVID-19 310

Lisa Forman

14.