Does the right to health help or hinder people with disabilities?

The understanding and legitimacy of the right to health for persons with a disability remains contested and confused. This chapter seeks to address three issues. First, the extent to which a case can be made to justify the idea of the right to health; second, the meaning of this right and the nature of the obligations imposed on states; and third, the consequences and challenges associated with the use of a human rights-based approach to address the health needs of persons with a disability. It is argued that the right to health has been burdened by a false and misplaced set of assumptions about its meaning and content. Once these concerns are addressed it is possible to offer an understanding of the right to health that is not only pragmatic but also offers a model that recognizes the capacity, agency and dignity of persons with a disability.