Alan Jenkins & Sabrineh Ardalan, Positive Health: The Human Right to Health Care Under the New York State Constitution, 35 Fordham Urban L.J. 479 (2008).
Abstract: This article argues that the New York State Constitution creates a legal right to equal access to quality health care for all New Yorkers, drawing on both the historical context and the legislative history of the State Constitution to support this interpretation. Next, the article outlines the dimensions of the right to health care required under the text and history of the State Constitution, as informed by parallel provisions of international and federal law, as well as social science research. The article then provides an overview of additional laws that guarantee equal access to quality health care, focusing on racial, linguistic, socioeconomic, and geographic equity. The article concludes that New York State has failed to live up to its obligations to protect and promote New Yorkers’ health and suggests a series of remedies that can help ensure that the State fulfills its obligations.