Use this URL to cite or link to this record in EThOS:
Title: The right to health in China : equality, accountability and justiciability
Author: Qiu, Shengnan
ISNI:       0000 0004 2741 7711
Awarding Body: University of Essex
Current Institution: University of Essex
Date of Award: 2012
Availability of Full Text:
Access from EThOS:
The first of its kind, this thesis applies the international human right-to-health framework to selected health issues in China, with 'a particular focus on equality, accountability and justiciability. Chapter I reviews historical and contemporary Chinese ideas on rights and health and shows that providing health care is an important political consideration, as well as moral commitment, in Chinese society. However, massive health inequalities exist in China, violating international human rights norms. Chapter II sets out a normative framework for the right to health, including the right to health care, as well as underlying determinants of health. As a consequence of the ratification of international treaties, China has legal obligations to improve access to health services, facilities and goods for all. Although there has been some compliance with these international obligations, there is little evidence to show that China has adequately incorporated right-to-health norms into its national health strategies. Chapter III further examines whether or not the western concept of accountability, recently imported into China, has potential to improve the protection of the right to health in Chinese society. In the Chinese context, the chapter reviews a range of accountability mechanisms, including legal, political, administrative, professional, financial and moral accountability arrangements. Chapter IV pays specific attention to a critically important component of legal accountability: justiciability. It finds that, although the right to health is not directly justiciable in Chinese courts, China has an extensive legal framework encompassing many aspects of the right to health. Nonetheless, significant gaps remain between legislative protection and enforceability of the right to health in practice.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available