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

‘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.’

• 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

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

‘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.’

• 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

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

‘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.’

• 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