Murphy, Thérèse --- "Hardwired human rights: a health and human rights perspective on global health law" [2018] ELECD 1034; in Burci, Gian Luca; Toebes, Brigit (eds), "Research Handbook on Global Health Law" (Edward Elgar Publishing, 2018) 82

Book Title: Research Handbook on Global Health Law

Editor(s): Burci, Gian Luca; Toebes, Brigit

Publisher: Edward Elgar Publishing

ISBN: 9781785366536

Section: Chapter 4

Section Title: Hardwired human rights: a health and human rights perspective on global health law

Author(s): Murphy, Thérèse

Number of pages: 22

Abstract/Description:

This chapter argues that Larry Gostin’s book Global Health Law needs to be taken seriously. It gives three reasons for this: first, the book has heroic appeal; second, it makes many legitimate criticisms of both law in general and international human rights law in particular; and third and most importantly, it is a mischief-maker. Specifically, it promotes a dated and damaging picture of economic and social rights, and it has both too narrow a sense of law and too much faith in governance as an essential supplement. In response, the chapter calls for a different state of mind, one that will hardwire human rights and human rights law.