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The human rught to health in international law: achievement throught health cooperation

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Author(s):
Marco Aurélio Antas Torronteguy
Total Authors: 1
Document type: Doctoral Thesis
Press: São Paulo.
Institution: Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD)
Defense date:
Examining board members:
Sueli Gandolfi Dallari; Fernando Mussa Abujamra Aith; Elza Antonia Pereira Cunha Boiteux; Fabio Konder Comparato; Carlos Augusto Grabois Gadelha
Advisor: Sueli Gandolfi Dallari
Abstract

The purpose of the present thesis is to investigate at which extent international health cooperation can be an instrument for the achievement of the human right to health in developing countries. The author seeks to understand the legal scope of horizontal cooperation regarding health, from the interpretation of international rules, in view of human rights and international relations theory, through a dialectical approach of the contradictions encompassed by the theme. The documental study is delimited in the bilateral agreements which have been celebrated between Brazil and each one of the African Countries of Portuguese Official Language (PALOP) Angola, Cape Verde, Guinea-Bissau, Mozambique and São Tomé and Príncipe. The analysis of the agreement content indicates that international cooperation can be an instrument to achieve the right to health among peripheral countries as it is horizontal and democratic. This implies seeking less the State interests for international power and influence and more the values shared by the whole humanity, proclaimed in the internationally recognized human rights. Therefore some elements are presented in view of to perfect South-South cooperation, so it fulfills its function of ensuring rights that the governments, by their own efforts, are not able to fulfill. This work intends to contribute to make a South-South model of cooperation, important to diminish the external dependence of the peripheral countries and to promote human rights. Finally, we propose that international cooperation is understood and acknowledged as a legal instrument for the accomplishment of the human right to health. (AU)