Does the right to health help or hinder people with disabilities?

Abstract

The understanding and legitimacy of the right to health for persons with a disability remains contested and confused. This chapter seeks to address three issues. First, the extent to which a case can be made to justify the idea of the right to health; second, the meaning of this right and the nature of the obligations imposed on states; and third, the consequences and challenges associated with the use of a human rights-based approach to address the health needs of persons with a disability. It is argued that the right to health has been burdened by a false and misplaced set of assumptions about its meaning and content. Once these concerns are addressed it is possible to offer an understandi..