The Right to Health: Transnational Support for the Philippines

1989 ◽  
pp. 19-38
Author(s):  
Richard P. Claude
2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lee Edson P. Yarcia ◽  
Jan Michael Alexandre C. Bernadas

Purpose This paper aims to examine key obligations of states to persons deprived of liberty (PDLs) under the right to health framework in the context of COVID-19. As a case study, it also describes the state of health in places of detention in the Philippines during the pandemic, with an end view of providing granular recommendations for prison policy reforms. Design/methodology/approach Relevant rules under international human rights law related to places of detention were thematically analyzed to articulate the scope of the right to health of PDLs. To describe the state of places of detention in the Philippines, this paper relied on archival research of news from selected local mainstream and specialized media. Findings The right to health framework provides a foundation for the response to COVID-19 in places of detention. Key concerns include increase in the number of infections, vulnerabilities in physical and mental health, and the spread of infection among correctional staff. Long-standing structural constraints and limited health information compound the threat of COVID-19. The Philippines must comply with its human rights obligations to PDLs to effectively address COVID-19-related concerns. Practical implications Policy reforms in Philippine places of detention must include application of community standards on physical and mental health, implementation of emergency release and application of non-custodial measures for long-term prison decongestion. Originality/value This is one of the few papers to analyze human rights in health care in places of detention during a pandemic, as nuanced in the context of the Philippines.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mario C. Cerilles Jr ◽  
Harry Gwynn Omar M. Fernan

Purpose The COVID-19 pandemic has devastated economies and public health systems across the globe, increasing the anticipation for the creation of an effective vaccine. With this comes the reinforcement of debates between the right to health and pharmaceutical patent rights. The purpose of this study is to illustrate how the Philippines could attempt to balance the right to health with pharmaceutical patent rights in the introduction of a potential COVID-19 vaccine into the country. Design/methodology/approach This will be accomplished through an examination of the flexibilities allowed by international agreements and domestic patent laws. Findings With the economic and health challenges brought about by the COVID-19 pandemic, the Philippine Government will have a strong justification to pursue parallel importation and compulsory licencing under the Agreement on Trade-Related Aspects of Intellectual Property Rights. This is exacerbated by the bold leadership of President Duterte, whose administration has so far shown a propensity to decide in favor of the right to health at the expense of other rights in dealing with the pandemic. Originality/value While this paper focuses on the Philippines, it has a potential application in the least developed and developing countries which aim to gain access to a prospective COVID-19 vaccine. Moreover, while this study discusses the harmonization of laws on the right to health and patent laws as a solution to the COVID-19 pandemic and the lack of access to vaccines, it also calls for solutions that go beyond the application of the law.


Author(s):  
José Florencio F. Lapeña

The World Health Organization Constitution “enshrines the highest attainable standard of health as a fundamental right of every human being. The right to health includes access to timely, acceptable, and affordable health care of appropriate quality … as well as the underlying determinants of health, such as … access to health-related education and information.”1 On the other hand, “social determinants of health can themselves pose barriers to education … and ‘damaged brains and bodies’ cannot learn optimally.”2 While there are no clear-cut solutions to such multifactorial issues involving complex-systems, the sustainable developmental goals of the United Nations development agenda beyond 2015 address both health and education.3   Health research fundamentally underpins the key aspiration of the sustainable development goals to realize universal health coverage.3 It is the responsibility of researchers and publishers to make this research available and accessible to all those who need it, in order to assist policymakers and practitioners to progressively realize the right to health of every global citizen. It would seem that the speed and reach of present-day information and communication technology would have facilitated the dissemination of health information. “However, despite the promises of the information revolution, and some successful initiatives, there is little if any evidence that the majority of health professionals in the developing world are any better informed than they were 10 years ago.”4 This observation made over a decade ago still holds true today.   How can we advance access to health information and publication in our current “glocal” situation?  How can the health information produced by research conducted by our students, residents and fellows, be shared with all those who may need and use the information? The Philipp J Otolaryngol Head Neck Surg has been actively pursuing multiple means of ensuring the availability of our research and innovation through traditional means, including indexing on various Index Medici and databases. While our visibility has increased dramatically in the 10 years of my editorship, we need to explore new paradigms, trends and innovations, especially with regard the social media. This includes using Facebook, Twitter, LinkedIn and RSS feeds, to name a few. It also calls us to consider the transition to a full open access model and adopting Creative Commons licenses.   It is timely that the Asia Pacific Association of Medical Journal Editors (APAME) will explore this very theme of shifting paradigms, trends and innovations in advancing access to health information and publication in the forthcoming APAME2015 Annual Convention and Joint Meeting with the Western Pacific Region Index Medicus at the Sofitel Philippine Plaza and WHO Western Pacific Region Office from August 24-26 (http://apame2015.healthresearch.ph) in conjunction with the Global Health Forum 2015 at the Philippine International Convention Center (http://www.forum2015.org).   Close to a thousand editors, reviewers, authors, researchers, librarians, and publishers of medical journals from Asia Pacific states, local delegates representing various institutions and organizations, including the Department of Science and Technology - Philippine Council for Health Research and Development (PCHRD), Department of Health, University of the Philippines Manila, Medical and Health Librarians Association of the Philippines (MAHLAP), the Philippine Medical Association, the Philippine Nursing Association, the Philippine Dental Association and others will exchange ideas in three days of meetings, scientific sessions and workshops.  At the same time, the over 70 conjoint Forum 2015 sessions across 2 tracks covering 6 themes will provide “a platform where several other thousand key global actors in health gather to learn, debate and shape the global agenda on research and innovation for health, to arrive at new solutions that are driving health equity and socio-economic development.”   Whether you are a beginning researcher or a seasoned scientist, a novice trainee or senior subspecialist, a community-based health worker or health policy-maker, there will be something for you to learn and share at these meetings that recognize “people (are) at the center of health research and innovation.” Medical and health professions students, ORL-HNS residents and consultants of all training and academic institutions are particularly enjoined to participate in this rare opportunity that will benefit us as well as the people we serve.     Meet me at the Forum!


2020 ◽  
Vol 26 (2) ◽  
pp. 134-140
Author(s):  
Gabriela Belova ◽  
Stanislav Pavlov

AbstractThe last decades present a significant development of the economic, social and cultural rights and specifically, the right to health. Until 2000, the right to health has not been interpreted officially. By providing international standards, General Comment No.14 on the right to the Highest Attainable Standard of Health has led to wider agreement that the right to health includes the social determinants of health such as access to various conditions, services, goods or facilities that are crucial for its implementation. The Reports of the Special Rapporteur on the right to health within the UN human rights system have contributed to the process of gaining the greater clarity about the right to health. It is obvious that achieving the highest attainable level of health depends on the principle of progressive implementation and the availability of the necessary health resources. The possibility individual complaints to be considered by the Committee on Economic Social and Cultural Rights was introduced with the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, entered into force in 2013.


Author(s):  
Gillian MacNaughton ◽  
Mariah McGill

For over two decades, the Office of the UN High Commissioner for Human Rights (OHCHR) has taken a leading role in promoting human rights globally by building the capacity of people to claim their rights and governments to fulfill their obligations. This chapter examines the extent to which the right to health has evolved in the work of the OHCHR since 1994, drawing on archival records of OHCHR publications and initiatives, as well as interviews with OHCHR staff and external experts on the right to health. Analyzing this history, the chapter then points to factors that have facilitated or inhibited the mainstreaming of the right to health within the OHCHR, including (1) an increasing acceptance of economic and social rights as real human rights, (2) right-to-health champions among the leadership, (3) limited capacity and resources, and (4) challenges in moving beyond conceptualization to implementation of the right to health.


Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”


Author(s):  
Alison Brysk

Chapter 6 concerns denial of women’s right to life . The new frame of “femicide” has dramatically increased attention to gender-based killing in the public and private sphere, and encompasses a spectrum of threats and assaults that culminate in murder. The chapter follows the threats to women’s security through the life cycle, beginning with cases of “gendercide” (sex-selective abortion and infanticide) in India, then moving to honor killings in Turkey and Pakistan. We examine public femicide in Mexico and Central America—with comparison to the disappearance of indigenous women in Canada, as “second-class citizens” in a developed democracy. The chapter continues mapping the panorama of private sphere domestic violence in the semi-liberal gender regimes of China, Russia, Brazil, and the Philippines, along with a range of responses in law, public policy, advocacy, and protest.


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