The Synergistic Approach: Racial Discrimination And The Right To Health

The Synergistic Approach presents an exciting examination of the intersection of two significant contemporary issues facing society. The study begins with an examination of the historical development of the concept of racial discrimination in the modern era and the United Nations Convention on the Elimination of all forms of Racial Discrimination. Next the normative and legally binding law related to the right to health under international human rights law is reviewed as well as the international mechanisms which support fulfillment of the right. The author identifies a legal gap for States which are not party to international law in both subject areas and presents an original model, “the synergistic approach” of treaty interpretation to remedy that flaw. In applying the Synergistic Approach the author utilizes both legal and public health research methodologies in order undertake a comparative analysis in two country settings, that of the United States and the United Kingdom. The analysis includes an examination of participation in international legal processes, national level legislation and jurisprudence and policy action.