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Normalizing an American Right to Health by Ho, Christina S. (author) is a scholarly article available to read on EtoBox.

What is Normalizing an American Right to Health about?

Abstract This chapter introduces the main problem that the book identifies: the problem in US discourse of the de-normalization of the right to health and the functional consequence of that de-normalization in disadvantaging health interests when they conflict with competing values. The chapter sets out the overall plan of the book and explains how each chapter functions to advance the book’s purpose. It also positions the book’s argument in relation to four common myths that have heretofore stymied the argument for health rights in the United States: the documentary premise privileging only those rights mentioned expressly in the Constitution, the centering of courts over legislatures as rights-champions, the false binary of negative liberties versus affirmative rights, and the admittedly systemic character of key state duties in the health domain, which nevertheless should not be used to dismiss the important role of health rights. This chapter explains how these myths have been selectively used to marginalize arguments for a right to health, even as Lochnerian rights have long garnered recognition. The chapter concludes by providing a working definition of the right to health co

Author

Ho, Christina S. (author)

Publisher

Oxford University PressNew York

Published

2023

Language

EN

ISBN

9780197650615