I am working on a capstone project that focuses on the infant's right to best health practices, exclusive breastfeeding is the gold standard of infant nutrition and provides best health. I am looking for a frame work to support that infants of incarcerated mother's have this right.
I agree that exclusive breastfeeding, the natural default option, should be the gold standard. Failure to breastfeed, especially historically, was disastrous to life and health. However, I do not think this has anything to do with the intrinsic properties of breast milk, and when done properly, artificial infant feeding probably has no adverse effects.
There are several articles by my colleague Prof. Eleanor Kinney looking at constitutions around the world that have a right to health or health care in them. Here are the citations:
Kinney, The International Human Right to Health in Domestic Constitutional and Statutory Law in Law and Ethics in Rationing Access to Care in a High-Cost Global Economy (Wendy K. Mariner & Paula Lobato de Faria ed., Luso-American Foundation, 2008).
Eberl, Kinney & Williams, Foundation for a Natural Right to Health Care, Journal of Medicine and Philosophy (1–21, 2011 doi:10.1093/jmp/jhr047).
Kinney, Realizing the International Human Right to Health: The Challenge of For-Profit Health Care, 113 West Virginia Law Review 49 (2010).
Kinney, Realization of the International Human Right to Health in an Economically Integrated North America, 37 Journal of Law, Medicine & Ethics 807 (2009).
Kinney, Recognition of the International Human Right to Health and Health Care in the United States, 60 Rutgers Law Review 337 (2008).
Kinney & Clark, Provisions for Health and Health Care in the Constitutions of the Countries of the World, 37 Cornell International Law Journal 285 (2004).
Kinney, The International Human Right to Health: What Does it Mean for Our Nation and World, 34 Indiana Law Review 1457 (2001).
If you google these titles, some of them are available for free download online...
Thank you so much!
I already have Halfon's Life Course Health Theory, but was looking for something based on the WHOs right to health declaration. These look like they might be just what I need!
Another venue would be "right to health through litigation" based on constitutional provisions.