Research Handbook on Human Rights Law and Health

Edited by Elizabeth Wicks, Professor of Human Rights Law and Co-director, Centre for Rights and Equality in Health Law (CREHL) and Nataly Papadopoulou, Lecturer, Leicester Law School, University of Leicester, UK

• ContentsIntroduction: human rights law and health – new challenges; new perspectives 1Nataly Papadopoulou and Elizabeth WicksPART I HUMAN RIGHTS ISSUES IN HEALTH1 The right to health 12Stephen P. Marks2 The right to health: shifting priorities from healthcare to prevention 41Brigit Toebes and Aart Hendriks3 Pursuing health rights for distress migrants: harnessing interdisciplinaryinputs and legal literacy 56Stefano Angeleri4 The doctrine of informed consent, patients’ religious beliefs and relationaltheory of autonomy 80Nili Karako-Eyal5 A right to refuse to kill? Human rights and conscientious objection to‘assisted dying’ in the UK 105Mary NealPART II HUMAN RIGHTS AND HEALTH THROUGHOUT THE LIFE CYCLE6 Surrogacy: reproductive rights enabling ‘biological colonialism’? 135Marianna Iliadou7 ‘Abortion is healthcare’: the promise and pitfalls of framing abortion underthe right to health 157Zoe L. Tongue8 Building on areas of agreement in the United Nations’ Convention onthe Rights of Persons with Disabilities: the right to ‘habilitation andrehabilitation’ for mental illness 179Brendan D. Kelly9 Older persons and fundamental human rights to access healthcare inEngland: new models, new protections? 194Jean McHale10 Living through dying: the case for the legalisation of assisted dying basedon the rights to life and freedom from ill-treatment in the EuropeanConvention on Human Rights 219Stevie Martin11 Political environments of assisted dying: affirming the legitimacy ofassisted dying legislation 247Cedric Charles Gilson and Nataly PapadopoulouPART III CHALLENGING HUMAN RIGHTS AND HEALTH: NEWPERSPECTIVES AND EMERGING CHALLENGES12 Hybrid human rights? Persons, property rights, and medical devices 277Muireann Quigley and Joseph Roberts13 The evolution of the human right to medicines from HIV/AIDS to COVID-19 310Lisa Forman14 A necessary conversation: understanding rehabilitation within a holisticright to health for persons with disabilities 330Danielle Watson15 Landscapes for health 353Elizabeth Wicks

‘Human rights law is both legal and ethical. This distinctive dual character is a deep challenge and a great strength. The editors of the Research Handbook describe it with a wonderful trio of adjectives: complex, emotive and vital. They are right, and the chapters they have put together help us to understand why.’