scholarly journals Global Burden of Violence and Other Human Rights Violations Against Sex Workers

Author(s):  
Elena Argento ◽  
Kay Thi Win ◽  
Bronwyn McBride ◽  
Kate Shannon

AbstractGlobally, sex workers experience a disproportionate burden of violence and human rights violations linked to criminalisation, punitive law enforcement, and lack of labour protections. Social injustices including poor working conditions, violence and victimisation, police harassment, and discrimination constitute severe violations of sex workers’ health, labour and human rights, and abuses of their freedom and dignity. Policymakers, researchers, and international bodies increasingly recognise violence as a critical public health and human rights concern among the general population; however, human rights violations against sex workers remain largely overlooked within international agendas on violence prevention and in human rights conventions. This chapter provides an overview of the global literature on violence against sex workers, other human rights violations, and drivers of elevated violence and rights inequities across settings. In addition to synthesising global research findings, this chapter features contributions and case studies from community partners in Asia Pacific. Guided by a structural determinants framework, and in recognising the right to live and work free from violence as a human right, this chapter provides an evidence base pertaining to violence against sex workers towards that informs the development of policy and public health interventions to uphold human rights among sex workers worldwide.

Author(s):  
Flood Colleen M ◽  
Thomas Bryan

This chapter examines both the power and limitations of litigation as a means of facilitating accountability for the advancement of public health. While almost half of the world’s constitutions now contain a justiciable right to health, the impact of litigation has been mixed. Judicial accountability has, in some cases, advanced state obligations to realize the highest attainable standard of health, but in other cases, litigation has threatened the solidarity undergirding public health systems. There is significant country-to-country variation in interpreting health-related human rights, as well as differing views of the proper role of courts in interpreting and enforcing these rights. Surveying regional human rights systems and national judicial efforts to address health and human rights, it is necessary to analyze how courts have approached—and how they should approach—litigation of the right to health and health-related human rights to improve health for all.


Author(s):  
S. Matthew Liao

This chapter relates human rights to public health ethics and policies by discussing the nature and moral justification of human rights generally, and the right to health in particular. Which features of humanity ground human rights? To answer this question, as an alternative to agency and capabilities approaches, the chapter offers the “fundamental conditions approach,” according to which human rights protect the fundamental conditions for pursuing a good life. The fundamental conditions approach identifies “basic health”—the adequate functioning of the various parts of our organism needed for the development and exercise of the fundamental capacities—as the object of a human right. A human right to basic health entails human rights to the essential resources for promoting and maintaining basic health, including adequate nutrition, basic health care, and basic education. Dutybearers include every able person in appropriate circumstances, as well as governments and government agencies, private philanthropic foundations, and transnational corporations.


2014 ◽  
Vol 21 (4) ◽  
pp. 365-386 ◽  
Author(s):  
Mette Hartlev

The right to health is recognised in human rights law and is also part of the catalogue of patients’ rights. It imposes a duty on governments to put in place a system of health protection making it possible for individuals to enjoy the highest attainable standard of health. However, disease patterns are constantly changing, and more and more attention is being paid to so-called lifestyle diseases. Individuals may expose themselves to health threats due to personal choices like eating and smoking habits, and this raises the issue of the individual’s obligation with regard to ill health. Hence, is there not only a right to health but also a duty to be healthy? Using obesity as an example, and based on a cross-disciplinary research project, the article analyses selected European and national public health policy papers to see how individual rights and duties are framed and to analyse the use of stigmatisation as a public-health strategy from a health and human rights perspective.


2020 ◽  
Author(s):  
Katherine HA Footer ◽  
Bradley E. Silberzahn ◽  
Sahnah Lim ◽  
Steven Huettner ◽  
Victor A. Kumar ◽  
...  

Abstract Background: Building on a broader sociological discourse around policing approaches towards vulnerable populations, increasing public health and human rights evidence points to policing practices as a key health determinant, particularly among street-based sex workers. Despite the importance of policing as a structural health determinant, few studies have sought to understand the factors that underlie and shape harmful policing practices towards sex workers. This study therefore aimed to explore the drivers for policing attitudes and practices towards street-based cisgender female sex workers.Methods: Drawing on ethnographic methods, 280 hours of observations with police patrol and 10 stakeholder interviews with senior police leadership in Baltimore City, USA were carried out to better understand the drivers for policing strategies towards cisgender female sex workers. Analysis was data- and theory-driven, drawing on the concepts of police culture and complementary criminological and sociological literature that aided exploration of the influence of the ecological and structural environment on policing practices.Results: Ecological factors at the structural (e.g., criminalization), organizational (e.g., violent crime control), community and individual level (e.g., stigmatizing attitudes) emerged as key to shaping individual police practices and attitudes towards cisgender female sex workers in this setting. Findings indicate senior police support for increased alignment with public health and human rights goals. However, the study highlights that interventions need to move beyond individual officer training and address the broader structural and organizational setting in which harmful police practices towards sex work operate. Conclusions: A more in-depth understanding of the circumstances that drive law enforcement approaches to street-based sex work is critical to the collaborative design of interventions with police in different settings. In considering public health-police partnerships to address the rights and health of sex worker populations in the U.S. and elsewhere, this study supports existing calls for decriminalization of sex work, supported by institutional and policy reforms, neighborhood-level dialogues that shift the cultural landscape around sex work within both the police and larger community, and innovative individual-level police trainings.


Author(s):  
Dr. Prakruthi A R

The right to live isn’t the absence of death; it’s living a life with good health and human dignity.’ Human rights are fundamentally linked to global health in the context of the COVID-19 pandemic. Human rights law guarantees everyone the right to the highest attainable standard of health and obligates governments to take steps to prevent threats to public health and to provide medical care to those who need it. The language and principles of human rights relate to the rights that support the survival and basic wellbeing of communities and individuals, including their rights to life, health and an adequate standard of living. Human rights law also recognizes that in the context of serious public health threats and public emergencies threatening the life of the Nation, restrictions on some rights can be justified when they have a legal basis, are strictly necessary, based on scientific evidence and neither arbitrary nor discriminatory in application, of limited duration, respectful of human dignity, subject to review, and proportionate to achieve the objective. The scale and severity of the COVID-19 pandemic clearly rises to the level of a public health threat that could justify restrictions on certain rights, such as those that result from the imposition of quarantine or isolation limiting freedom of movement. At the same time, careful attention to human rights such as non-discrimination and human rights principles such as transparency and respect for human dignity can foster an effective response amidst the turmoil and disruption that inevitably results in times of crisis and limit the harms that can come from the imposition of overly broad measures that do not meet the criteria.


2015 ◽  
Vol 44 (1) ◽  
pp. 18
Author(s):  
Rochmani Rochmani

Environmental damage can result in the right to a good environment and healthy living in communities disrupted. Right to good living environment and healthy part of human rights. Violation of good environment and healthy is a violation of human rights. Right to environment is a human right that must be upheld and respected by the international community. Violations of the right to a good environment and healthy environment is a crime. However, that is still a lot of human rights violations occur. Right to a good and healthy environment is a fundamental human right. The rights attached to a construction that strengthen human life. In the globalization era human rights violations can be filed in an international judicial mechanisms, as a form of protection of the right to a good and healthyenvironment.Kerusakan lingkungan hidup dapat mengakibatkan hak atas lingkungan hidup yang baik dan sehat pada masyarakat terganggu.  Hak atas lingkungan hidup yang baik dan sehat bagian dari HAM. Pelanggaran terhadap lingkungan hidup yang baik dan sehat merupakan pelanggaran HAM. Hak atas  lingkungan hidup merupakan  HAM yang harus dijunjung tinggi dan dihormati oleh masyarakat internasional. Pelangaran terhadap hak atas lingkungan hidup yang baik dan sehat merupakan kejahatan lingkungan. Namun demikian yang terjadi masih banyak pelanggaran HAM. Hak atas lingkungan yang baik dan sehat merupakan hak yang fundamental manusia. Hak itu melekat sebagai yang memperkuat konstruksi kehidupan manusia. Di era globalisasi pelanggaran HAM berat bisa diajukan dalam mekanisme peradilan internasional, sebagai wujud perlindungan terhadap  Hak atas lingkungan yang baik dan sehat.


2019 ◽  
Vol 13 (1) ◽  
pp. 3-17
Author(s):  
Juan Smart ◽  
Alejandra Letelier

Purpose The purpose of this paper is to do a systematic assessment and testing of identified human rights norms alongside social determinant approaches in relation to identified health issues of concern in four Latin American countries (Argentina, Chile, Paraguay and Uruguay) to show how social determinants and human rights frameworks improve population health. Design/methodology/approach To do so, in the first part the authors analyze the inequalities both between and within each of the selected countries in terms of health status and health determinants of the population. Then, in the second section, the authors analyze the level of recognition, institutionalisation and accountability of the right to health in each country. Findings From the data used in this paper it is possible to conclude that the four analysed countries have improved their results in terms of health status, health care and health behaviours. This improvement coincides with the recognition, institutionalisation and creation of accountability mechanisms of human rights principles and standards in terms of health and that a human rights approach to health and its relation with other social determinants have extended universal health coverage and health systems in the four analysed countries. Originality/value Despite of the importance of the relation between human rights and social determinants of health, there are few human right scholars working on the issues of social determinants of health and human rights. Most of the literature of health and human rights has been focussed specific relations between specific rights and the right to health, but less human right scholar working on social determinants of health. On the other hand, just a few epidemiologists and people working on social medicine have actually started to use a universal human rights frame and discourse. In fact, according to Vnkatapuram, Bell and Marmot: “while health and human rights advocates have from the start taken a global perspective, social medicine and social epidemiology have been slower to catch up”.


2019 ◽  
Vol 35 ◽  
pp. 9-20
Author(s):  
S. Matthew Liao ◽  

This paper relates human rights to public health ethics and policies by discussing the nature and moral justification of human rights generally, and the right to health in particular. Which features of humanity ground human rights? To answer this question, as an alternative to agency and capabilities approaches, the paper offers the “fundamental conditions approach,” according to which human rights protect the fundamental conditions for pursuing a good life. The fundamental conditions approach identifies “basic health”—the adequate functioning of the various parts of our organism needed for the development and exercise of the fundamental capacities—as the object of a human right. A human right to basic health entails human rights to the essential resources for promoting and maintaining basic health, including adequate nutrition, basic health care, and basic education. Duty bearers include every able person in appropriate circumstances, as well as governments and government agencies, private philanthropic foundations, and transnational corporations.


Pravni zapisi ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 385-412
Author(s):  
Judit Sándor

The year of 2020 will certainly be in all future books on the history of epidemiology and the Covid-19 pandemic will be discussed in them as perhaps the most significant public health challenge since the Spanish flu. But I also hope that it will feature as a new chapter in the books on health and human rights. The suffering of millions of people around the world, the deaths and medical challenges have already presented many lessons to learn from. One of the lessons should be to recognize the right to health as a full-fledged human and constitutional right that deserves a much closer attention whenever annual budgets are drafted and it should be considered as a fundamental human right without which no other rights can be exercised in epidemiological crises and even after that.


2012 ◽  
Vol 20 (2) ◽  
pp. 158-167 ◽  
Author(s):  
Carla AA Ventura ◽  
Isabel AC Mendes ◽  
Maria A Trevizan ◽  
Driéli P Rodrigues

Health is a basic human right, and drug use represents a severe influence on people’s health. This qualitative study aimed to understand how health professionals in a public health-care team working with drug users in a city of the state of São Paulo, Brazil, perceive the human rights of these users and how these rights are being respected in health care. Data were collected through semistructured interviews with 10 health professionals at the service under analysis. A thematic analysis of the interviews reveals the professionals’ difficulty to define the concept of human right and contextualize these rights in their work environment. A deeper understanding of the right to health, however, represents an important premise for a more humanized care practice in health services to drug users.


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