Jacobs, Lesley A. --- "Health and human rights performance in China: stronger on entitlements, weaker on freedoms" [2019] ELECD 1301; in Biddulph, Sarah; Rosenzweig, Joshua (eds), "Handbook on Human Rights in China" (Edward Elgar Publishing, 2019) 143

Book Title: Handbook on Human Rights in China

Editor(s): Biddulph, Sarah; Rosenzweig, Joshua

Publisher: Edward Elgar Publishing

Section: Chapter 8

Section Title: Health and human rights performance in China: stronger on entitlements, weaker on freedoms

Author(s): Jacobs, Lesley A.

Number of pages: 18

Abstract/Description:

This chapter is designed to put pressure on the view that China can successfully realize progressively the right to health in international human rights law without attending in tandem to issues of freedom. The argument is based on the observation, originating in the field of health and human rights, that the right to health in international human rights law is now formulated as having two components — entitlements and freedoms — and that respecting, protecting and fulfilling the right to health requires attention to both of these components. Although China’s performance on entitlement issues such as universal access to health care and tobacco control has been improving in the past decade, its performance on freedom issues such as the administrative detention of drug users and accountability in the sense that there should be mechanisms to enable rights holders to seek remedies for violations of their human rights remain weak.