众善之首:健康权析论

Considerations on the Right to Health

健康权是获得一种提供公民享有可能达到的最高健康水平的均等机会的健康保护体制的权利;政府应承担以确保民众平等获得基本卫生保健为基点的诸项积极义务。各国宪法日益将健康权列为基本人权,并不断明确和完善。健康权具有可诉性,尽管在"逐步实施"方面存在难题。我国应在法律上进一步明确和促进健康权。

The right to health means the right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health. The realization of the right requires governments assume the active obligations to equally provide preliminary health care and services and other conditions involved. Most of Constitutions of states establish the right to health as a basic human right. The right to health is judiciable, although it is still difficult to reach judicial decisions on the ＂progressively realization＂ of the right. China should improve the legal system involved to promote the right to health.