Angela K Doolan
University of New England, Australia
Title: The right to health, traditional and complementary medicine
Biography
Biography: Angela K Doolan
Abstract
In international human rights law, art 12(1) of the international covenant on economic, social and cultural rights (ICESCR) provides a definition of right to health as the right of everyone to attain standard physical and mental health. Despite millions of people using traditional (T) and complementary medicine (CM) this paper identifies a general gap in international law and discourse regarding the right to health, traditional and complementary medicine. This paper uses persuasive interpretative methodology to determine whether the scope of right to health in international law includes a right to traditional and complementary medicine. It also considers whether the scope of the recently proposed legally binding framework convention on global health (FCGH) should address T and CM and if so, how. This paper also finds a specific gap in international law regarding T and CM. Although not expressly provided in the legally binding treaties, there is substantial evidence available to enable a right to T and CM to be inferred from the body of soft international law. In addressing the identified gaps in international law, this paper concludes by offering a draft article for inclusion in the proposed FCGH that codifies an express and legally binding right to T and CM.