Intersectionality of Race, Ethnicity, and Culture in Neglect, Abuse, and Violence Against Older Persons: Human Rights, Global Health, and Systems Approaches in Pandemics

2021 ◽  
pp. 4699-4719
Author(s):  
Mary Beth Quaranta Morrissey ◽  
Patricia Brownell ◽  
Thomas Caprio
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):  
Mary Robinson

Institutions matter for the advancement of human rights in global health. Given the dramatic development of human rights under international law and the parallel proliferation of global institutions for public health, there arises an imperative to understand the implementation of human rights through global health governance. This volume examines the evolving relationship between human rights, global governance, and public health, studying an expansive set of health challenges through a multi-sectoral array of global organizations. To analyze the structural determinants of rights-based governance, the organizations in this volume include those international bureaucracies that implement human rights in ways that influence public health in a globalizing world. Bringing together leading health and human rights scholars and practitioners from academia, non-governmental organizations, and the United Nations system, this volume explores: (1) the foundations of human rights as a normative framework for global health governance, (2) the mandate of the World Health Organization to pursue a human rights-based approach to health, (3) the role of inter-governmental organizations across a range of health-related human rights, (4) the influence of rights-based economic governance on public health, and (5) the focus on global health among institutions of human rights governance. Contributing chapters map the distinct human rights activities within a specific institution of global governance for health. Through the comparative institutional analysis in this volume, the contributing authors examine institutional efforts to operationalize human rights in organizational policies, programs, and practices and assess institutional factors that facilitate or inhibit human rights mainstreaming for global health advancement.


Author(s):  
Jennifer Prah Ruger

The global health governance (GHG) literature frames health variously as a matter of security and foreign policy, human rights, or global public good. Divergence among these perspectives has forestalled the development of a consensus vision for global health. Global health policy will differ according to the frame applied. Fundamentally, GHG today operates on a rational actor model, encompassing a continuum from the purely self-interest-maximizing position at one extreme to a more nuanced approach that takes others’ interests into account when making one’s own calculations. Even where humanitarian concerns are clearly and admirably at play, however, the problem of motivations remains. Often narrow self-interest is also at work, and actors obfuscate this behind altruistic motives.


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
D W Patterson ◽  
K Buse ◽  
R Magnusson ◽  
B C A Toebes

Abstract Issue Malnutrition in all its forms poses daunting challenges to global health and development. The agriculture sector is a significant contributor to global warming. COVID-19 has pushed many people into poverty, including food poverty. A radical rethink of business models, food systems, civil society involvement, and national and international governance is required to address the interlinked crises of COVID-19, obesity, undernutrition, and climate change. International human rights law, institutions and mechanisms provide important opportunities for norm setting, advocacy and accountability. Yet these pathways are under-utilised by both governments and civil society. Description The global AIDS response demonstrated the power of a human rights-based approach. United Nations' HIV/AIDS and Human Rights Guidelines greatly influenced the global consensus for effective, evidence-based approaches. The Guidelines also informed resolutions of the UN General Assembly and its Human Rights Council, contributing to more affordable medicines, an unprecedented increase in people on treatment, less stigmatising health services, the empowerment of marginalised groups, and the institutionalisation of norms, including “no one left behind.” Human rights-based approaches have also been successfully utilised in tobacco control. Results In 2019, 180 experts from 38 countries published an open call on WHO and the UN Office of the High Commissioner for Human Rights (OHCHR) to initiate an inclusive process to develop guidelines on human rights, healthy diets and sustainable food systems. Most signatories were from the health and development sectors, demonstrating the increasingly broad interest in using human rights mechanisms to address global health challenges. Lessons Opportunities exist to transform food systems and create healthier food environments and a healthier planet by clarifying existing international obligations to progressively realise the right to food and the right to health. Key messages Market forces, alone, are failing to deliver healthy diets and sustainable food systems. International legal frameworks and accountability mechanisms provide opportunities for engagement and action. Human rights guidelines can help mobilize multisectoral action, strengthen State and private sector accountability, and deepen community engagement in the urgent task of achieving Agenda 2030.


2021 ◽  
Vol 17 (1) ◽  
pp. 122-127
Author(s):  
John Harrington

By foregrounding a widened view of the rule of law in transnational legal processes, the works under discussion in this symposium can support innovative critical perspectives on global health law –a field that has gained wide attention due to the spread of COVID-19 around the world (Lander, 2020; Bhatt, 2020). Legal and socio-legal scholars in the decade and a half before the pandemic worked on locating global health law and articulating its underlying principles. Lawrence Gostin's 2014 monograph offers a synoptic view centred on international institutions (e.g. the World Health Organization, World Trade Organization, UN Human Rights Council) and problems (e.g. infectious-disease response, tobacco control), along with an elaboration of its normative basis in universal moral principle and international human rights law (Gostin, 2014). Struggles over access to essential medicines and intellectual property in the early 2000s are, for example, represented in terms of the right to health constraining international trade law. Andreas Fischer-Lescano and Guenther Teubner's 2004 reading is oriented more by social theory than by doctrinal or ethical frames (Fischer-Lescano and Teubner, 2004, pp. 1006, 1008). A functional health regime has ‘differentiated out’, they observe, and operates as a discrete communication system across borders, albeit one that is threatened by the preponderant economic system. On this model, the battle for access to medicines amounts to ensuring, via human rights guarantees, that the rationality of the health system is not replaced by that of its economic rival in legal and policy communications (Fischer-Lescano and Teubner, 2004, pp. 1030, 1046).


Author(s):  
Debanjan Banerjee ◽  
Kiran Rabheru ◽  
Carlos Augusto de Mendonca Lima ◽  
Gabriel Ivbijaro

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