摘要
As the cornerstone of the rule of law in public health,the right to health is an important human right recognized by international covenants of human rights and widely absorbed by foreign constitutions and laws.In international covenants on human rights,the right to health is regarded as a social right,and its core connotation is“the right to the highest attainable standard of health,”which has been recognized by many global and regional human rights conventions.Correspondingly,it has become a norm for this right to be included in constitutions around the world,especially those in the emerging countries that became independent after World War II and is often embodied within the framework of the law.Take China as an example,the right to health in our legal system is included in the Constitution,and has been substantiated in the Law of the People’s Republic of China on the Promotion of Basic Medical and Health Care and the Civil Code in the mode of“the same channel protection of public and private laws”.The rule of law and public policy are important means of substantiating the right to health(norms).The right to health in this category is confirmed and shaped by the policybased legal principles such as the principle of human rights protection,the principle of fairness,the principle of non-discrimination and the principle of due process,and covers the welfare policy and the health service system in modern countries.
作者
李广德
HU Genfu(Translated)
LI Guangde;HU Genfu(Translated)(the Law Institute of Chinese Academy of Social Science;不详)
基金
the phased achievement(21BFX169)of the“Study on the Implementation ofthe Right to Health under the Background of Same-channel Protection of Public and Private Law”
the National Social Science Fund of China
