Description
Book SynopsisThis book argues against the conventional wisdom that a U.S. right to health is out of reach. It shows that the necessary change is not extraordinary but familiar and that the law has already laid considerable groundwork in ordinary statutes and case law. This descriptive foundation, revealed through the application of well-accepted theories of rights, has simply yet to be either acknowledged as, or relied upon, for rights-building. The book then moves from the descriptive task of showing where a right to health already exists in our legal corpus to the prescriptive goal of showing how we could feasibly and meaningfully expand the right through ordinary policies that are widely used in other domains, including impact assessments and state-sponsored reinsurance. By normalizing American health rights discourse and bringing a right to health, including a right to health care, within the domain of ordinary policy debate, this book arms health advocates for the sharp political contests over
Table of ContentsChapter 1: Introduction Chapter 2: Methods Chapter 3: A Health Right By Any Other Name: Expression in Statute Chapter 4: A Health Right By Any Other Name: Expression in Caselaw Chapter 5: Health Impact Assessments as a Negative Right to Health Chapter 6: How Reinsurance is a Right Chapter 7: Health Reinsurance as an Affirmative Right to Health Chapter 8: Epilogue
