农民健康权概念的提出,是二元社会结构下改善农村卫生工作的法治路径,符合健康权作为国际基本人权的发展趋势.文章在对农民健康权进行界定,探讨农民健康权性质的演化、权利位阶及其价值意蕴的基础上,对农民健康权的现状进行检讨,认为农民健康权处于权利贫困状态.最后,提出了构建农民健康权利体系的路径包括“赋权”和“保障”两个层面.
Putting forward definition of farmers' health right is a law way to improve rural health work under dual social structure, which accords with tendency of health right as basic human right. Based on defining health right, discussing the change of nature of farmers' health right, rank of right and its value, this paper discussed the situation of farmers' health right and thought that farmers' health right was in poor status. At last, the paper pointed out that way to establish farmers' health right system included two levels that were empowerment and guarantee.