The Birth and Development of Human Rights for Health

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

This chapter examines the historical origins of human rights as a basis for public health. Tracing the idea of rights from philosophical notions of natural rights to human rights under international law, the normative foundations underlying rights have long been seen as central to health and well-being—from the political engagement with underlying determinants of health in 1848 to the international codification of the Universal Declaration of Human Rights (UDHR) in 1948. The modern human rights system that frames public health arose in response to the deprivations and atrocities of World War II. Giving rise to the notion of human rights under international law, the postwar creation of the United Nations (UN) provided the structure for a new legal regime under which individuals were seen as having certain rights by virtue of their humanity, ensuring a foundation for the evolution of rights to advance health.

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

This chapter examines the historical origins of human rights as a basis for public health. Tracing the idea of rights from philosophical notions of natural rights to human rights under international law, the normative foundations underlying rights have long been seen as central to health and well-being—from the political engagement with underlying determinants of health in 1848 to the international codification of the Universal Declaration of Human Rights (UDHR) in 1948. The modern human rights system that frames public health arose in response to the deprivations and atrocities of World War II. Giving rise to the notion of human rights under international law, the postwar creation of the United Nations (UN) provided the structure for a new legal regime under which individuals were seen as having certain rights by virtue of their humanity, ensuring a foundation for the evolution of rights to advance 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.”


1977 ◽  
Vol 19 (1) ◽  
pp. 61-82 ◽  
Author(s):  
Lawrence J. LeBlanc

The human rights proclaimed and affirmed in the various international declarations, conventions, and covenants adopted since World War II fall into two broad categories: civil and political; and economic, social, and cultural. The former includes the traditional rights of man, such as the rights to life and liberty; the latter includes such rights as the right to work, to social security, and to the preservation of one's health and well-being.International agreement in principle on most civil and political rights as human rights has been relatively easy to achieve; disagreement has occurred—and is likely to continue to occur-primarily over their precise meaning. Virtually everyone endorses, for example, a right to life; not everyone agrees, however, that capital punishment or abortion must therefore be prohibited by law.


2019 ◽  
Vol 11 (2) ◽  
pp. 357-372
Author(s):  
Alicia Ely Yamin

Abstract Like other contributors to this special issue and beyond, I believe we are at a critical inflection point in human rights and need to re-energize our work broadly to address growing economic inequality as well as inequalities based on different axes of identity. In relation to the constellation of fields involved in ‘health and human rights’ specifically—which link distinct communities with dissonant values, methods and orthodoxies—I argue that we also need to challenge ideas that are taken for granted in the fields that we are trying to transform. After setting out a personal and subjective account of why human rights-based approaches (HRBAs) are unlikely to be meaningful tools for social change as they are now generally being deployed, I suggest we collectively—scholars, practitioners and advocates—need to grapple with how to think about: (1) biomedicine in relation to the social as well as biological nature of health and well-being; and (2) conventional public health in relation to the social construction of health within and across borders and health systems. In each case, I suggest that challenging accepted truths in different disciplines, and in turn in the political economy of global health, have dramatic implications for not just theory but informing different strategies for advancing health (and social) justice through rights in practice.


2001 ◽  
Vol 10 (3) ◽  
pp. 335-335
Author(s):  
ERIC STOVER ◽  
HARVEY WEINSTEIN

Public health and human rights are complementary—and, at times, conflicting—approaches to protecting and promoting human well-being and dignity. Public health addresses the needs of populations and seeks, through intervention and education, to prevent the spread of disease. Enshrined in international law, human rights describe the obligations of governments to safeguard their citizenry from harm and to create conditions where each individual can achieve his or her full potential. Human rights norms lie at the core of public health theory and practice, and their enforcement can help to ensure an equitable distribution of health resources.


2021 ◽  
Vol 8 (5) ◽  
pp. 1-7

The right of health is one of the most fundamental human rights, which is emphasized in human rights documents. The spread of the corona virus has posed major challenges to the various dimensions of human rights, the most important of which is the right of being health. There are basically two perspectives about the belief in the role of government and international law in general. The first view is the realists view, who see the behavior of governments based on their benefits the and question the implementation of international law. The second group is the liberals, who place great emphasis on the application of international law. According to the beliefs of this group, governments also generally have certain responsibilities in relation to securing and guaranteeing this right. It is clear that governments cannot fully guarantee the health and well-being of individuals, but governments can provide conditions in which the health of individuals is protected and access to health is possible for individuals. This obligation is driven from the obligations of governments to implement human rights in accordance with international law.


Author(s):  
Allen Buchanan

This chapter helps to confirm the explanatory power of the naturalistic theory of moral progress outlined in previous chapters by making two main points. First, it shows that the theory helps to explain how and why the modern human rights movement arose when it did. Second, it shows that the advances in inclusiveness achieved by the modern human rights movement depended upon the fortunate coincidence of a constellation of contingent cultural and economic conditions—and that it is therefore a dangerous mistake to assume that continued progress must occur, or even that the status quo will not substantially deteriorate. This chapter also helps to explain a disturbing period of regression (in terms of the recognition of equal basic status) that occurred between the success of British abolitionism and the founding of the modern human rights movement at the end of World War II.


Author(s):  
Melissa R. Marselle ◽  
Sarah J. Lindley ◽  
Penny A. Cook ◽  
Aletta Bonn

Abstract Purpose of review Biodiversity underpins urban ecosystem functions that are essential for human health and well-being. Understanding how biodiversity relates to human health is a developing frontier for science, policy and practice. This article describes the beneficial, as well as harmful, aspects of biodiversity to human health in urban environments. Recent findings Recent research shows that contact with biodiversity of natural environments within towns and cities can be both positive and negative to human physical, mental and social health and well-being. For example, while viruses or pollen can be seriously harmful to human health, biodiverse ecosystems can promote positive health and well-being. On balance, these influences are positive. As biodiversity is declining at an unprecedented rate, research suggests that its loss could threaten the quality of life of all humans. Summary A key research gap is to understand—and evidence—the specific causal pathways through which biodiversity affects human health. A mechanistic understanding of pathways linking biodiversity to human health can facilitate the application of nature-based solutions in public health and influence policy. Research integration as well as cross-sector urban policy and planning development should harness opportunities to better identify linkages between biodiversity, climate and human health. Given its importance for human health, urban biodiversity conservation should be considered as public health investment.


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