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Laws 2015, 4(4), 771-802; doi:10.3390/laws4040771

Bioethics and Human Rights in the Constitutional Formation of Global Health

Sheffield Law School, University of Sheffield, Bartolomé House, Winter Street, Sheffield, South Yorkshire S3 7ND, UK
Academic Editor: Aurora Plomer
Received: 24 September 2015 / Revised: 11 December 2015 / Accepted: 14 December 2015 / Published: 18 December 2015
(This article belongs to the Special Issue Bioethics, Law and Human Rights: Global Intersections)
View Full-Text   |   Download PDF [768 KB, uploaded 18 December 2015]

Abstract

“Global health” is an increasingly important area of research and practice, concerned with the profound implications of globalisation for individual and communal health (particularly in developing countries) and focused on achieving health equity for all people worldwide. As such, it is often viewed as overlapping with public health and, thus, conceptually distinct from the field of biomedicine and bioethics. Both fields bear an uneasy relationship with the field of human rights, which remains largely unexplored. The paper constructively utilises insight derived from theories of global legal pluralism and global constitutionalism to argue, perhaps controversially, that recent developments in international biomedical law and bioethics, constitute an important phase in the constitutional construction of a global health law system. In doing so, the paper analyses the role of human rights in the growing constitutional autonomy and organization of global health. View Full-Text
Keywords: global health; international law; transnational law; WHO; constitution global health; international law; transnational law; WHO; constitution
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).

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Krajewska, A. Bioethics and Human Rights in the Constitutional Formation of Global Health. Laws 2015, 4, 771-802.

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