The Full Realization of Our Rights: The Right to Health in State Constitutions

Cynthia Soohoo & Jordan Goldberg, The Full Realization of Our Rights: The Right to Health in State Constitutions, 60 Case W. Res. L. Rev 997 (2011) (published). SSRN.

This Article focuses on reproductive health law and policy as an area in which state governments have both failed to affirmatively promote the right to health and improperly imposed barriers to prevent women from accessing reproductive health care, both potentially in violation of their own state constitutional obligations. Further, it considers how courts seeking to enforce right-to-health provisions in state constitutions could benefit from examining the comparative experiences of state courts and the high courts of other countries that have enforced similar socio-economic rights provisions.