Foundations of Global Health & Human Rights

Human rights are essential to global health, yet rising threats in an increasingly divided world are challenging the progressive evolution of health-related human rights. It is necessary to empower a new generation of scholars, advocates, and practitioners to sustain the global commitment to universal rights in public health. Looking to the next generation to face the struggles ahead, this book provides a detailed understanding of the evolving relationship between global health and human rights, laying a human rights foundation for the advancement of transformative health policies, programs, and practices. In bringing together leading academics in the field of health and human rights, this volume: (1) explains the norms and principles that define the field, (2) examines the methods and tools for implementing human rights to promote health, (3) applies essential human rights to leading public health threats, and (4) analyzes rising human rights challenges in a rapidly globalizing world. This foundational text shows why interdisciplinary scholarship and action are essential for health-related human rights, placing human rights at the center of public health and securing a future of global health with justice.

Author(s):  
Wu Chuang-Feng ◽  
Wu Chien-Huei

This chapter explores how to navigate health-related human rights in the trade and public health complex by tracing the intersection of international trade and public health and examining the role of international trade in global health law. An intrinsic tension exists between international trade, public health, and human rights in this globalizing world. Even though growing global interconnectedness has generated economic growth and information sharing, it is also characterized by threats—to access to medicine, commercialization of health care, and widening health inequality. Although this tension was well recognized in the development of the World Trade Organization, it has become much more complicated in recent decades. By addressing critical questions surrounding trade and public health, examining the transformation of risks into opportunities through global efforts, it will be possible to investigate possible venues to resolve trade and public health tensions in light of human rights.


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

This introductory chapter outlines the global governance institutions that structure the realization of human rights for global health. With this volume examining the relationship between human rights, global governance, and public health, a proliferating set of global governance institutions have developed policies, programs, and practices to operationalize human rights to address public health challenges in a globalizing world. As an institutional analysis that focuses on organizations, the organizations in this volume include those international bureaucracies that bear implementation responsibilities for health-related human rights. Examining institutional dynamics to implement human rights, the contributing authors analyze institutional factors that facilitate or inhibit human rights mainstreaming. This introduction concludes by recognizing the importance of comparative analysis in understanding institutional approaches to human rights in global health, outlining the research methods for studying human rights mainstreaming in global governance institutions and framing a new field of study on rights-based governance for global health advancement.


Author(s):  
Chuang-Feng Wu ◽  
Chien-Huei Wu

This chapter explores how to navigate health-related human rights in the trade and public health complex by tracing the intersection of international trade and public health and examining the role of international trade in global health law. An intrinsic tension exists between international trade, public health, and human rights in this globalizing world. Even though growing global interconnectedness has generated economic growth and information sharing, it is also characterized by threats—to access to medicine, commercialization of health care, and widening health inequality. Although this tension was well recognized in the development of the World Trade Organization, it has become much more complicated in recent decades. By addressing critical questions surrounding trade and public health, examining the transformation of risks into opportunities through global efforts, it will be possible to investigate possible venues to resolve trade and public health tensions in light of human rights.


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.


1970 ◽  
Vol 1 ◽  
Author(s):  
Daniel Tarantola

The origin and justification of human rights, whether anchored in biological theory, natural law theory, or interests theory, as well as their cultural specificity and actual value as international legal instruments are subject to ongoing lively debates. As theoretical and rhetorical discourses challenge and enrich current understanding of the value of human rights and their relevance to democratic governance, they have found their way into public health in recent decades and play today an increasing role in the shaping of health policies, programs and practice. Human rights define the obligations of states to their people and towards each other, create grounds for governmental accountability and inspire recognition of, and action on, factors influencing people’s attainment of the highest possible standard of health. This article highlights the evolution that has brought health and human rights together in mutually reinforcing ways. It draws from the experience gained in the global response to HIV/AIDS, summarizes key dimensions of public health and of human rights and suggests a manner in which these dimensions intersect in a framework for analysis and action.


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

This chapter examines the threat of populism to global health and human rights. Out of the ashes of World War II, institutions of global health and human rights have brought the world together in unprecedented cooperation, giving rise to the successes and opportunities detailed throughout this text. However, the current populist age threatens these successes and raises obstacles to future progress. In violent contrast with the shared goals of a globalizing world, populism seeks to retrench nations inward, with right-wing populist nationalism directly challenging institutions of global health, violating the rights of vulnerable populations, and spurring isolationism in international affairs. Such retrenchment could lead to a rejection of both global governance and human rights as a basis for global health. Yet, with hope for the future, there remains enduring strength in institutions of global health and human rights, with these institutional bulwarks capable of facing the challenges to come.


Author(s):  
Gostin Lawrence O ◽  
Sirleaf Matiangai V S ◽  
Friedman Eric A

This chapter provides an understanding of the legal foundations of human rights, examining human rights under international law as a basis for social justice in public health. International human rights law has codified the rights first enumerated in the Universal Declaration of Human Rights (UDHR), evolving through the politics of the Cold War to develop the International Covenant on Economic, Social and Cultural Rights (ICESCR). This seminal covenant and the international treaties that derived from it have framed the legal foundations of the human right to health and the evolution of health-related human rights. Yet, where challenges remain in responding to the health needs of a globalizing world, scholars and advocates have looked to a shift from international health law to global health law, facilitating collaboration between state and nonstate actors in an expanding global health policy landscape.


Author(s):  
Benjamin Mason Meier ◽  
Virgínia Brás Gomes

This chapter assesses the role of human rights treaty bodies in monitoring, interpreting, and adjudicating health-related human rights obligations, facilitating accountability for the realization of human rights in health policy. With each core human rights treaty having its own corresponding human rights treaty body, these international institutions influence states and galvanize advocates to take action to realize human rights across a range of global health issues. Describing treaty body efforts to monitor state implementation, interpret human rights, and adjudicate individual complaints, this chapter examines the evolving composition and functions of these treaty bodies and analyzes their effectiveness in facilitating the implementation of human rights as a basis for global health. Given recent United Nations efforts to strengthen treaty body functions and streamline monitoring processes, treaty bodies provide complementary approaches for public health practitioners to support accountability for the implementation of health-related human rights.


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