The Rights-Based Approach to Health

Author(s):  
Flavia Bustreo ◽  
Curtis F.J. Doebbler

This chapter describes the rights-based approach to health. This approach is based on the human right to health but looks beyond that right to focus on cross-cutting human rights principles for ensuring that health outcomes are achieved in a manner consistent with the foundational values of human rights. The rights-based approach to health is thus a key strategy in the development and implementation of health policy – based on principles of participation, equality and non-discrimination, transparency, and accountability. Examining these human rights principles, the rights-based approach has developed from rhetoric to practice, guiding health policy so as to provide for the highest attainable level of health for all. Nevertheless, the rights-based approach to health faces challenges as health and human rights address a larger global health landscape of state and non-state actors and find new meaning under the Sustainable Development Goals.

Author(s):  
Bustreo Flavia ◽  
Doebbler Curtis FJ

This chapter describes the rights-based approach to health. This approach is based on the human right to health but looks beyond that right to focus on cross-cutting human rights principles for ensuring that health outcomes are achieved in a manner consistent with the foundational values of human rights. The rights-based approach to health is thus a key strategy in the development and implementation of health policy – based on principles of participation, equality and non-discrimination, transparency, and accountability. Examining these human rights principles, the rights-based approach has developed from rhetoric to practice, guiding health policy so as to provide for the highest attainable level of health for all. Nevertheless, the rights-based approach to health faces challenges as health and human rights address a larger global health landscape of state and non-state actors and find new meaning under the Sustainable Development Goals.


2017 ◽  
Vol 1 (1) ◽  
pp. 47-60 ◽  
Author(s):  
Remco Van de Pas ◽  
Peter S. Hill ◽  
Rachel Hammonds ◽  
Gorik Ooms ◽  
Lisa Forman ◽  
...  

2019 ◽  
Vol 61 (1) ◽  
pp. 103-130
Author(s):  
Valentin Aichele

In due course of international practice, numerous groups in societies worldwide potentially have been identified to be in a vulnerable situation. Particularly in healthrelated policies and programmes as well as universal strategies such as the Sustainable Development Goals (2030 Agenda), the framing ‘groups in vulnerable situations’ or similar phrasings receive special attention. However, looking at the diverse use of the term, it is not exactly clear what vulnerability might mean in legal terms. While some mix vulnerability with norms, the author promotes an understanding of vulnerability that refers to the facts and whose nature is descriptive. Thus, one major function of the term is to urge States and those responsible for global health policy to look closely at social realities – vulnerability serves a magnifier. This contribution further elaborates an understanding of vulnerability that exists within the context of the human right to health, as this area of law provides a meaningful setting for further addressing foundational issues such as its two-fold nature, the language used, its purpose, and the discussion concerning threshold criteria. Accordingly, the author argues that vulnerability can be used as a key tool for addressing the prevailing worsening of health inequalities and disparities among distinct social groups in a given society on the basis of external factual circumstances such as time and place. Keywords: Global Health Law, Groups in Vulnerable Situations, Health Inequality, Higher Risk, Human Right to Health, Sustainable Development Goals, Vulnerability, World Health Organization


Author(s):  
John Mubangizi

That National Human Rights Institutions (NHRIs) play an important role in the protection and promotion of human rights is a well-known fact. This has been widely acknowledged by the United Nations (UN). Also well-known is the fact that several African countries have enacted new constitutions during the last two to three decades. One of the most salient features of those new constitutions is that they establish NHRIs, among other things. Given their unique role and mandate, these NHRIs can and do play an important role in the realisation of the sustainable development goals contained in the UN 2030 Agenda for Sustainable Development. Adopting a case study approach, this article explores the role NHRIs have played in the promotion and protection of human rights in selected African countries and implications for sustainable development in those countries. The main argument is that there are several lessons African countries can learn from each other on how their NHRIs can more meaningfully play that role. Accordingly, best practice and comparative lessons are identified and it is recommended that NHRIs can contribute to sustainable development more meaningfully if they can make themselves more relevant, credible, legitimate, efficient and effective.


Author(s):  
Andrew Harmer ◽  
Jonathan Kennedy

This chapter explores the relationship between international development and global health. Contrary to the view that development implies ‘good change’, this chapter argues that the discourse of development masks the destructive and exploitative practices of wealthy countries at the expense of poorer ones. These practices, and the unregulated capitalist economic system that they are part of, have created massive inequalities between and within countries, and potentially catastrophic climate change. Both of these outcomes are detrimental to global health and the millennium development goals and sustainable development goals do not challenge these dynamics. While the Sustainable Development Goals acknowledge that inequality and climate change are serious threats to the future of humanity, they fail to address the economic system that created them. Notwithstanding, it is possible that the enormity and proximity of the threat posed by inequality and global warming will energise a counter movement to create what Kate Raworth terms ‘an ecologically safe and socially just space’ for the global population while there is still time.


Water ◽  
2021 ◽  
Vol 13 (12) ◽  
pp. 1676
Author(s):  
Rebecca Schiel ◽  
Bruce M. Wilson ◽  
Malcolm Langford

Ten years after the United Nation’s recognition of the human right to water and sanitation (HRtWS), little is understood about how these right impacts access to sanitation. There is limited identification of the mechanisms responsible for improvements in sanitation, including the international and constitutional recognition of rights to sanitation and water. We examine a core reason for the lack of progress in this field: data quality. Examining data availability and quality on measures of access to sanitation, we arrive at three findings: (1) where data are widely available, measures are not in line with the Sustainable Development Goal (SDG) targets, revealing little about changes in sanitation access; (2) data concerning safe sanitation are missing in more country-year observations than not; and (3) data are missing in the largest proportions from the poorest states and those most in need of progress on sanitation. Nonetheless, we present two regression analyses to determine what effect rights recognition has on improvements in sanitation access. First, the available data are too limited to analyze progress toward meeting SDGs related to sanitation globally, and especially in regions most urgently needing improvements. Second, utilizing more widely available data, we find that rights seem to have little impact on access.


2018 ◽  
Vol 47 (8) ◽  
pp. 793-795 ◽  
Author(s):  
Sibylle L Herzig Van Wees ◽  
Mats Målqvist ◽  
Rachel Irwin

The Swedish Global Health Research Conference held in Stockholm, 18–19 April 2018, convened researchers from across Sweden’s universities to foster collaboration and new research. In response to the theme of the conference, How can Sweden contribute to the Sustainable Development Goals? From research to action, many of the plenary and keynote speakers highlighted the importance of interdisciplinary research and teaching. This commentary draws upon a workshop discussing interdisciplinarity, which took place at the conference. Participants included senior professors, lecturers, students and collaborators from the private sector and civil society and we discussed the conceptual and structural challenges that prevent engagement in interdisciplinary research. Although the workshop focused on the Swedish context, issues will be familiar to researchers working outside of Sweden. The 17 Sustainable Development Goals highlight the grand challenges for global society and are intertwined, with progress in one affecting progress in all others. With this starting point, we argue that interdisciplinary research is the way to achieve them. Accordingly, we need to overcome the conceptual and structural challenges that can hinder it. We therefore argue for a paradigm shift of how we value knowledge. We also call for fundamental changes in external and internal (university-level) funding structures, and for the strengthening of interdisciplinary global health teaching.


2019 ◽  
Vol 10 (1) ◽  
pp. 56-72
Author(s):  
Wekgari Dulume

The 2030 Agenda for Sustainable Development is grounded in different international human rights instruments. Human rights (HR) principles and standards are strongly reflected in several of the Sustainable Development Goals (SDGs) and targets. Furthermore, SDG 17 emphasizes partnership as a key to achieving all of the SDGs. This article examines the SDGs-HR linkage in general, as well as specific HR principles that can be advanced by the achievement of SDG 17. Opportunities and challenges to promote Goal 17 of the SDGs that directly affect certain HRs are also examined. A review of relevant literature, 2030 summit documents, and outcomes of recent international conferences on the SDGs is undertaken in order to determine the progress made towards forging regional and global partnerships for the SDGs, as envisaged in Goal 17. This article finds that the absence of a political will and commitment, increased isolationist policy, narrow nationalism and poor rule linkage at national and international levels are some of the obstacles to the attainment of Goal 17. Yet, opportunities abound to promote the Goal. The article recommends a genuine commitment to implementing the SDGs by encouraging the South-South and North-South to prevent the SDGs from becoming a mere wishlist. Synergy between the government, individuals, civil society organizations (CSOs) and transnational corporations (TNCs) is equally very important. Keywords: Human rights, sustainable development goals, partnership for the goals.


2018 ◽  
pp. 24-42
Author(s):  
MARÍA DALLI

In 1948, the General Assembly of the United Nations adopted the first international text recognising universal human rights for all; the Universal Declaration of Human Rights. Article 25 recognises the right to an adequate standard of living, which includes the right to health and medical care. On the occasion of the 70th anniversary of the Declaration, this article presents an overview of the main developments that have been made towards understanding the content and implications of the right to health, as well as an analysis of some specific advancements that aim to facilitate the enforcement thereof. These include: a) the implication of private entities as responsible for right to health obligations; b) the Universal Health Coverage goal, proposed by the World Health Organization and included as one of the Sustainable Development Goals; and c) the individual complaints mechanism introduced by the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (adopted on the 10th December 2008, 60 years after the UDHR).


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