Le respect du droit à la santé : analyse à partir du droit international de la personne et d'une comparaison entre les constitutions du Canada et du Brésil
The right to health is a well-established right in International Law. Many international treaties such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Constitution of the World Health Organization, create a legal obligation on States who have ratified these instruments to protect and ensure the right to health. This thesis aims to examine the right to health in the international law and its application in domestic law by the Constitutions of Canada and Brazil. The first chapter of this thesis explores the meaning, the scope and the limits of the right to health in the international legal order. In the second chapter, we analyze the national Constitution of these two countries. We have concluded that the Canadian Constitution does not explicitly address the right to health. However, articles 7 and 15 of the Canadian Charter of Rights and Freedoms, which ensure the right to life as well as the right to liberty and to non-discrimination, allow for the interpretation of the courts to guarantee the right to health. On the contrary, the Brazilian Constitution of 1988 has dedicated a whole section to Economics, Social and Cultural rights. Among these rights, the right to health is a very important right in the Brazilian Constitution as articles 196 to 200 ensure the right to health. Finally, through the case analysis of Canada and Brazil, this thesis shows that a constitutional provision on the right to health demonstrates a commitment on the part of the State to fulfill its obligations with respect to the international right to health. However, other strategies to implement this right can also be considered by the States, such as the use of international legal instruments as a source of interpretation.
Canada Right to health International law Human rights Canada Brazil