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Chapter
Health rights, autonomy rights and the drug control framework
DOI link for Health rights, autonomy rights and the drug control framework
Health rights, autonomy rights and the drug control framework book
Health rights, autonomy rights and the drug control framework
DOI link for Health rights, autonomy rights and the drug control framework
Health rights, autonomy rights and the drug control framework book
ABSTRACT
This chapter focuses on the human right to ‘health’. It identifies the difficulties associated with defining and understanding this human right, and explores the relationship between the individual and the state in relation to a state’s positive and negative health obligations. The chapter emphasizes the way that UK and comparable jurisdictions address some of the legal conflicts between the two regimes, when applying health rights and related autonomy rights to issues concerning drugs. The international drug control regime has a similar capacity to recognise the breadth of the negative duties a state has to its citizenry in relation to their health and autonomy rights. Since the international drug control system has created no judicial body where dynamic interpretations of drug control law can take place, the most influential actors interpreting the conflicts and tensions between the drug control and human rights frameworks are the domestic and regional.