Progressive realisation of the right to health: an opportunity for global development

The meaning and scope of a right to health continues draw significant attention in legal scholarship. It has evolved considerably under international law, but has only been entrenched in domestic legal systems around the world to varying degrees. The purpose of this paper is to examine the development of the concept with a view to providing guidance for policy makers and legislators for more effective protection and implementation of the right. Although current legal and philosophical debates in defining and determining the scope of the right are likely to continue for some time, sufficient convergence of both scholarly and pragmatic views exists to provide a viable framework for progressive realisation of a right to health. This provides states with what should be viewed as an opportunity (rather than obstacle) to advance global targets for human health and wellbeing,