Health is indispensable for living a life of dignity. Currently,
there is an almost universal commitment to the right to health
(care). However, despite the growing legal recognition of this
right, empirical evidence suggests that, as a whole, the
implementation of the right to health (care) remains largely
rhetorical at the domestic level. For example, although China
ratified the International Covenant on Economic, Social and
Cultural Rights in 2001, relatively little attention has been paid
to the domestic implementation of the right to health (care).
Violations of this right were also identified in reality. Given
that China's health care reform is entering the so-called
'deep-water' zone, it is essential for the Chinese government to
investigate how to guarantee everyone equal access to health
care.Advancing the Right to Health Care in China analyses the role
of accountability, a Western concept that has recently been
introduced to China, in advancing the right to health care in light
of China's unique political, legal and social background. In doing
so, this book synthesises two different concepts: (1) the right to
health; and (2) accountability, and integrates them into an
analytical framework for 'right to health-based accountability'. It
further provides a greater understanding of accountability and the
various forms of accountability mechanisms that should be
established by States. More specifically, it establishes a
constructive accountability model that can be applied to specific
health concerns in China, as well as in other countries,
particularly those with non-electoral regimes.This book first
systematically evaluates the status quo of the legislative and
policy measures China has taken to give effect to the right to
health care within its jurisdiction. It then identifies the
shortcomings in Chinas domestic implementation of this right and
seeks to address the remaining challenges through the lens of
accountability. This book concludes with a set of recommendations
for Chinese law- and policy-makers for implementing China's
obligations under the right to health care through its draft Basic
Health Law.
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