Research Handbook on Global Health Law
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Research Handbook on Global Health Law

Edited by Gian Luca Burci and Brigit Toebes

The effect of Globalization on health has attracted the attention of scholars and policy makers across multiple disciplines. A key concern is the regulation of international health protection, and in particular the use of international health instruments and the complex interaction between international law and health considerations. For the first time, a group of law and policy scholars have analysed these issues, drawing on knowledge from their respective fields. The resulting book provides comprehensive coverage of contemporary issues in global health law and governance.
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Chapter 4: Hardwired human rights: a health and human rights perspective on global health law

Thérèse Murphy


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.

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