scholarly journals Women's Rights, Human Rights and the Criminal Law or, Feminist Debates and Responses to [De]Criminalization and Sexual and Reproductive Health

2018 ◽  
Vol 112 ◽  
pp. 87-90
Author(s):  
Aziza Ahmed
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Health Workers ◽  
Right To Health ◽  
Health Campaigns ◽  
Economic Rights ◽  
Marginalized Communities ◽  
The Right ◽  
Cautionary Tales ◽  
Social And Economic Rights

My comments today seek to highlight how social and economic rights advocates, particularly those concerned with the right to health, engage with ongoing debates about the role of criminal law in human rights. In particular, I emphasize how many “right to health” campaigns fight for the decriminalization of laws that result in the arrest of marginalized communities or health workers. This trend within right to health advocacy complicates what has been called the anti-impunity turn in human rights. In other words, although many scholars have correctly highlighted the rise of a carceral agenda in human rights, there is also ongoing, and perhaps growing, emphasis on decriminalization in the context of social and economic rights. This presentation gives a brief overview of the fight for decriminalization in the context of the right to health, highlights the challenges faced by advocates of in those campaigns, and reflects on some cautionary tales emerging from these fights for decriminalization.

Human Rights Advocacy in Global Health

2020 ◽  
pp. 133-154
Author(s):  
Joseph J. Amon ◽  
Eric Friedman
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
Health Campaigns ◽  
Structural Barriers ◽  
Health And Human Rights ◽  
Raising Awareness ◽  
Health Related ◽  
Human Rights Advocacy ◽  
Advocacy Strategies ◽  
The Right

This chapter presents an overview of health and human rights advocacy and describes a broad framework and the diverse strategies used by human rights advocates to advance their goals. Based upon documenting abuses, raising awareness, building coalitions, and engaging communities, human rights advocacy seeks to ensure that government laws, policies, and practices respect, protect, and fulfill the right to health of all. These rights arguments and advocacy strategies, first developed in response to the HIV epidemic, have become the basis for broader right to health campaigns. Health-related human rights advocacy, beyond specific strategies, seeks to elevate the voices of people affected by human rights violations, analyze structural barriers, and identify obligations and responsibilities. Focusing on the strategies and tools that human rights advocates use in documenting rights abuses, raising awareness, and seeking change, it is necessary to examine new advocacy partnerships and approaches for evaluating advocacy efforts.

s.Two Implementation and Accountability, 6 Human Rights Advocacy in Global Health

2020 ◽  
Author(s):  
Amon Joseph J ◽  
Friedman Eric
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
Health Campaigns ◽  
Structural Barriers ◽  
Health And Human Rights ◽  
Raising Awareness ◽  
Health Related ◽  
Human Rights Advocacy ◽  
Advocacy Strategies ◽  
The Right

This chapter presents an overview of health and human rights advocacy and describes a broad framework and the diverse strategies used by human rights advocates to advance their goals. Based upon documenting abuses, raising awareness, building coalitions, and engaging communities, human rights advocacy seeks to ensure that government laws, policies, and practices respect, protect, and fulfill the right to health of all. These rights arguments and advocacy strategies, first developed in response to the HIV epidemic, have become the basis for broader right to health campaigns. Health-related human rights advocacy, beyond specific strategies, seeks to elevate the voices of people affected by human rights violations, analyze structural barriers, and identify obligations and responsibilities. Focusing on the strategies and tools that human rights advocates use in documenting rights abuses, raising awareness, and seeking change, it is necessary to examine new advocacy partnerships and approaches for evaluating advocacy efforts.

A Right to Health Care

2012 ◽  
Vol 40 (2) ◽  
pp. 268-285 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
Physical And Mental Health ◽  
Human Right ◽  
Economic Rights ◽  
Right To Health Care ◽  
The Right ◽  
International Conventions ◽  
Special Case

Do we have a legal and moral right to health care against others? There are international conventions and institutions that say emphatically yes, and they summarize this in the expression of “the right to health,” which is an established part of the international human rights canon. The International Covenant on Social and Economic Rights outlines this as “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health,” but declarations such as this remain tragically unfulfilled. According to recent figures, roughly two billion people lack access to essential drugs or to primary health care. Millions are afflicted by infections and illnesses that are easily avoidable or treatable. In the developing world many children die or grow stunted and damaged for lack of available treatments. Tropical diseases receive little or no attention by the major pharmaceutical companies’ research departments. Is this a massive violation of the right to health? And if so, why does it attract so little attention? Is it because our supposed commitment to human rights and the rule of law is hypocritical and hollow? Or is it because the right to health is a special case of a right, so that these tragedies are no violation at all? Jennifer Prah Ruger summarized this puzzle when she wrote: “one would be hard pressed to find a more controversial or nebulous human right than the right to health.” In this essay I discuss three different theories of a right to health care. I conclude by offering my own reconstruction of one such theory.

Social Rights Against the Poor

ICL Journal ◽  
2013 ◽  
Vol 7 (4) ◽  
Author(s):  
Carlos Portugal Gouvêa
Keyword(s):  
Economic Inequality ◽  
Right To Health ◽  
Economic Rights ◽  
Constitutional Protection ◽  
Class Actions ◽  
Current State ◽  
The Poor ◽  
The Right ◽  
Social And Economic Rights

AbstractThe main argument of this work is that the discourse of social and economic rights in Brazil has been appropriated by privileged economic groups with the result that the constitutional protection of those rights is no longer carrying out its function to reduce economic inequality. This article will be divided into three parts. The first is a discussion of the historic context of patrimonialism in Brazil as well as the origins of economic inequality in the country. The second part is devoted to the theoretical debate surrounding the con­stitutional protection of social and economic rights in light of what is often referred to as ‘new constitutionalism’, along with an interpretation of the structure for protecting social and economic rights that is present in the Brazilian constitution. The third part consists of a case study of the current state of the judicialization of the right to health in Brazil, with special attention to free concession of medicine and the new legislation on the subject. In conclusion, the paper argues that judicial decisions on the right to health, in particular, and social and economic rights, in general, have been formalistic, with little regard to their (often negative) distributive impact. The solution is then not to move from individual litiga­tion to collective litigation (eg class actions), but to move from an ‘individual rights’ approach to a ‘distributive’ approach, which takes into account the effects of court decisions not only with respect to the parties involved but also to the rights of the poorest of the poor.

scholarly journals HEALTH AND HUMAN RIGHTS WITHIN THE CONTEXT OF INTERNATIONAL HUMAN RIGHTS LAWS AND THE MALAYSIAN CONSTITUTION

2021 ◽  
Vol 29 (1) ◽  
pp. 103-127
Author(s):  
Khairil Azmin Mokhtar
Keyword(s):  
Human Rights ◽  
Healthcare Services ◽  
Right To Health ◽  
International Human Rights ◽  
Economic Rights ◽  
Health And Human Rights ◽  
Quality Life ◽  
Private And Public ◽  
International Human ◽  
The Right

Health rights, unlike political and economic rights, until recently has not received sufficient attention that it truly deserves despite being equally important as other aspects of human rights.  It is timely that the right to health be given serious attention and more coverage by the media, legal fraternity and the authorities as well as by the public at large. Unfortunately, the Malaysian Constitution does not have any express provision which recognizes health right and no laws in the country so far acknowledged such right. Hence, this research is done to supplement the gap.  This is a legal research which applies qualitative approach focusing on rights relating to private and public health. It is a doctrinal and jurisprudential study and examines international and national laws, especially the Malaysian Constitution. Health is essential for a good life of any human being. Without it a person cannot have a quality life. Although it cannot be expected that government must guarantee everybody will be healthy it cannot be denied that among the functions and obligations of the governments are to provide healthcare services to the community and ensure that facilities and avenues for medical treatments are available to the people. This right has been firmly established in international human rights laws. Its realization has been the subject and objective of various international conventions and policies. It is believed that right to health is ingrained in the constitution of the country and should be recognized by the courts and the governments.

scholarly journals Outlining Gay's Right to Health in Jember, Indonesia: Challenges and Opportunities

Lentera Hukum ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 121
Author(s):  
Dewi Rokhmah ◽  
Khoiron Khoiron ◽  
Ristya Widi Endah Yani
Keyword(s):  
Human Rights ◽  
Health Services ◽  
Health Workers ◽  
Right To Health ◽  
Hiv Prevalence ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
High Risk Behavior ◽  
Challenges And Opportunities ◽  
The Right

Increased HIV prevalence in gay populations is a warning that needs to get government attention. AIDS prevention programs in gay populations have been implementing various methods to change high-risk behavior. However, HIV prevalence in gay populations continues to rise. The Indonesian Constitution affirms human rights, including the right to life, the right against discrimination, and other fundamental rights protected by the state. The research results showed that the fulfillment of the right to health in gay is not going well or less effective. It was evidenced by the percentage of gay that reaches out to health services was still limited. Gays were reluctant to access health services because of the lack of confidentiality and privacy of the services of health workers, the general public, and the limited facilities. Besides, stigma and discrimination are still often received both from health workers and families and communities. They worried other gays would know the result of the test of VCT. There is a need for standardization of services at all subdistrict health centers and hospitals providing VCT services for gay in Jember. KEYWORDS: Constitutional Rights, Human Rights, the Right to Health.

Respect for the social and economic rights of citizens as an imperative to reduce poverty in the Khabarovsk territory

2020 ◽  
Vol 93 (4) ◽  
pp. 161-169
Author(s):  
I. I. Chesnitskiy ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
The State ◽  
Economic Rights ◽  
Priority Area ◽  
Regional State ◽  
The Social ◽  
The Russian Federation ◽  
A Priority ◽  
Social And Economic Rights

The article presents an analysis of the state and problems of implementing the socio-economic rights of population of the Khabarovsk territory as a priority area for reducing poverty. Attention of the authorities was drawn to the situation of poverty in a number of northern municipalities, where the population is experiencing difficulties in realizing their socio-economic rights due to the lack of jobs. Concern was expressed about the socio-economic rights of persons released from the places of deprivation of liberty. The Commissioner for human rights in the Khabarovsk territory, taking into account the study of situation in the region, sets out his vision for solving the problem of reducing poverty in the Khabarovsk territory and makes proposals that, in his opinion, can be used by the regional state authorities to achieve the indicators set by the President of the Russian Federation.

The Office of the United Nations High Commissioner for Human Rights

2018 ◽  
Author(s):  
Gillian MacNaughton ◽  
Mariah McGill
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Right To Health ◽  
Social Rights ◽  
Limited Capacity ◽  
United Nations High Commissioner ◽  
Leading Role ◽  
High Commissioner ◽  
The United Nations ◽  
The Right

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.

The Origins of Human Rights in Global Health

2018 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
Global Health ◽  
International Law ◽  
Right To Health ◽  
Right To Health Care ◽  
Global Standards ◽  
The Right

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.”

Accountability in Global Governance

2020 ◽  
Author(s):  
Gisela Hirschmann
Keyword(s):  
Human Rights ◽  
Global Governance ◽  
International Organizations ◽  
Third Parties ◽  
Human Rights Violations ◽  
The European Union ◽  
Economic Rights ◽  
The Right ◽  
Austerity Policy ◽  
Comprehensive Study

How can international organizations (IOs) like the United Nations (UN) and their implementing partners be held accountable if their actions and policies violate fundamental human rights? Political scientists and legal scholars have shed a much-needed light on the limits of traditional accountability when it comes to complex global governance. However, conventional studies on IO accountability fail to systematically analyze a related, puzzling empirical trend: human rights violations that occur in the context of global governance do not go unnoticed altogether; they are investigated and sanctioned by independent third parties. This book puts forward the concept of pluralist accountability, whereby third parties hold IOs and their implementing partners accountable for human rights violations. We can expect pluralist accountability to evolve if a competitive environment stimulates third parties to enact accountability and if the implementing actors are vulnerable to human rights demands. Based on a comprehensive study of UN-mandated operations in Afghanistan, Bosnia, and Kosovo, the European Union Troika’s austerity policy, and global public–private health partnerships in India, this book demonstrates how competition and human rights vulnerability shape the evolution of pluralist accountability in response to diverse human rights violations, such as human trafficking, the violation of the rights of detainees, economic rights, and the right to consent in clinical trials. While highlighting the importance of studying alternative accountability mechanisms, this book also argues that pluralist accountability should not be regarded as a panacea for IOs’ legitimacy problems, as it is often less legalized and might cause multiple accountability disorder.

Sign in / Sign up

Export Citation Format

Share Document