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An Article On Rights Discourse

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However, a few contradictions abound: as this article shows, rights discourse has been used to attempt to advance arguments that will actually allow access to private or semi-private health insurance in ways that may exacerbate disadvantage (Canada and Israel); it is used to expand access to medications to the middleclass, sometimes (arguably at least) at the expense of the poor (Brazil);7 and it competes with other rights (especially intellectual property within the trade regime).8 Also, there have been attempts (even if those ultimately failed) to use rights arguments in order to undermine the expansion of access to health care under President Obama’s health care reform in the U.S.9 This is in addition to the “medicalization” of the right to health, i.e., the frequent focus on health care rather than on social determinants of health such as education, nutrition, and housing.10 While there has been growing attention in recent years to some of these contradictions,11 this article focuses on the first of them: the contradiction between on the one hand the ability of the right to health to reinforce privatization and commodification of health care, by rearticulating claims to private health care in terms of human rights, and on the other hand, its ability to reinforce and reinstate public values, especially that of equality,12 against the background of privatization and commodification.13 As will be discussed throughout the article, claims of access to private or semi-private

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