Book Review: The Right to Health as a Human Right in International Law
| Author | Virginia A. Leary |
| Published date | 01 March 2000 |
| Date | 01 March 2000 |
| DOI | http://doi.org/10.1177/092405190001800112 |
| Subject Matter | Book Review |
Part
D: Documentation
BOOK REVIEWS
Brigit C.A. Toebes, The Right to Health as a Human Right in International Law,
School of Human Rights Research Series, Vol. 1, Intersentia-Hart, Antwerpen/
Groningen/Oxford, 417 pp.' .
Academic institutions in the Netherlands have been leaders in the intellectual clarification
of human rights norms, standards and procedures. Those
of
us in the international human
rights community have become accustomed to contributions on human rights emanating
from Dutch universities. And, once again, we are indebted - this time to Utrecht
University - for an important work focusing on the right to health.
Brigit Toebes' doctoral dissertation at the University
of
Utrecht, under the direction
of
Professor Fried van Hoof, on the right to health in international human rights law is a
major contribution. The Toebes study isthe first full-length treatment
of
the right to health
in international human rights law. Her focus is primarily on the concept of the right to
health under the International Covenant on Economic, Social and Cultural Rights
extent, on the concept of the right under other international instruments. Her research is
exhaustive covering the drafting
of
to the existing literature on the right to health, and thorough study
of
the contribution of
Toebes' work is a study in international human rights law and thus intended for those
familiar with international law and human rights. Persons in the health field, not familiar
with a human rights approach, may find it less useful.1In the circumscribed field of
international human rights law, however, it makes a substantial contribution. The
significance
of
intellectual contributions, such as that
of
Toebes, to the protection of
human rights is expressed in the quotation from Albie Sachs, South African Constitutional
Court judge and activist, which appears on the opening pages
of
her work:
'... [I]ntellectual struggle is one
of
the most importa,nt
a~ea~
of the battle for rights. It is through
concepts that we link our dreams to the acts of dally hfe.
Toebes' aim is 'to clarify the content and significance
of
the human right to health'. In
the first section
of
the book, she begins with a lengthy explanation
of
the drafting of the
provisions
of
various international treaties and declarations relating to the right to health,
then discusses implementation
of
the right through reporting procedures and through case-
law.
The drafting of the provision in the International Covenant on Economic, Social and
Cultural Rights is covered most extensively, but reference is also made to the drafting of
provisions on the right in the Convention on the Elimination
of
Discrimination against
Women, the Convention on the Right of the Child, the Convention on the Elimination of
• Virginia A. Leary is Professor
of
International Law, University of California, Hastings College of the Law.
Health professionals and others less conversant with international law and human rights law, in particular,
might find more useful a recent publication, Health and Human Rights,
of
the Francois-Xavier Bagnoud
Center for Human Rights and Health, Harvard School of Public Health. This volume is a collection of
articles previously published by the journal Health and Human Rights.
Netherlands Quarterly
of
Human Rights, Vol.
1811,
137-145,
2000.
CO
Netherlands Institute
of
Human Rights (SIM). Printed in the Netherlands. 137
To continue reading
Request your trial