Family planning and budgeting for human rights in India

2020 ◽  
Vol 13 (4) ◽  
pp. 333-345
Author(s):  
Thibault Weigelt ◽  
Erica Sharma
Keyword(s):  
Human Rights ◽  
Family Planning ◽  
Reproductive Rights ◽  
Right To Health ◽  
Family Planning Programme ◽  
Content Type ◽  
Indian Family ◽  
The Family ◽  
The Right ◽  
Implementation Plans

Purpose The purpose of this paper is to analyse the budget of the Indian family planning programme from a human rights perspective. Family planning services play an important role in the realisation of the reproductive rights of women. In India, the family planning programme is one of the largest in the world with thousands of patients, mostly women, accessing services every year. Although the Indian legal system guarantees the right to health, Indian women from marginalised sections of society still battle inadequate services and the absence of health care that respects their right to reproductive autonomy and choice. Therefore, the question is: in the presence of a strong legal framework, what are the factors that contribute to this phenomenon? Design/methodology/approach The authors have gathered data from the project implementation plans at the state level comparing year-wise expenditure for family planning against overall expenditure for reproductive, maternal and child health expenditure. The data are then compared to the number of women using sterilisation to suggest a relationship between both. Finally, the article relies on desk research to review scholarship on the Indian family planning programme and applicable human rights obligations. Findings The paper finds that social-economic rights such as the right to health are applicable to government spending and budgeting. It also finds current spending in the NHM is insufficient to guarantee women’s reproductive rights as the vast majority of resources are spend on sterilisation, thus limiting women’s ability to choose the number and spacing of children. Research limitations/implications The data used in this research bears one limitation: the propensity of the government to change the guidelines as to how States should present their budgets in the project implementation plans. The authors have adjusted the data so that it remains comparable. However, the adjustment was not possible for all expenditure data, which is why the current study is limited to the family planning programme alone. Practical implications The paper argues that to be human rights compliant, health budgets of the NHM need to be geared towards the specific needs of women in terms of family planning. Finally, the article briefly outlines the role played by human rights and human rights litigation in impacting government budgets. Originality/value India’s family planning programme has been examined from a performance and medical standpoint, focussing on medical indicators such as total fertility rate, unmet needs for family planning, amongst others. Academic scholarship has investigated through statistical analysis patterns of contraceptive use and contraceptive mix. What is absent, however, is an assessment of the programme from a right-based perspective by looking at the human rights obligations of India and their normative implications for the Indian family programme.

Human rights of people with mental illness diagnosis: perceptions among service users, family members and health professionals in Tunisia

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mayssa Rekhis ◽  
Sami Ouanes ◽  
Abir Ben Hamouda ◽  
Rym Rafrafi
Keyword(s):  
Mental Illness ◽  
Human Rights ◽  
Family Members ◽  
Mental Illnesses ◽  
Service Users ◽  
Content Type ◽  
People With Mental Illness ◽  
The Family ◽  
The Right ◽  
Main Factor

Purpose This study aims to assess the awareness about the rights of people with mental illness in the main psychiatric hospital in Tunisia among the service users, the family members and the staff. Design/methodology/approach The Convention of Rights of People with Disabilities mandates that State Parties initiate and maintain campaigns and human rights training to promote understanding of the rights of people with mental illnesses, considered as a main factor for their fulfillment. Service users, family members and staff evaluated, through a survey, the importance of ten rights for persons with mental illness, stated in the convention. Findings Disparities were found in the perception of the different rights by and between the three groups. The highest levels of awareness were associated with the freedom from torture or degrading treatment and the right to live with dignity and respect, whereas the lower importance were assigned to the right to participation in recovery plans, to give consent and to exercise legal capacity. Originality/value The lack of awareness and the poor perception of rights of people with mental illness is one of the barriers to their achievement. More training and awareness raising is necessary.

Articulating key obligations of states to persons deprived of liberty under a right to health framework: the Philippine case study

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lee Edson P. Yarcia ◽  
Jan Michael Alexandre C. Bernadas
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Right To Health ◽  
The Philippines ◽  
The State ◽  
Policy Reforms ◽  
Physical And Mental Health ◽  
Content Type ◽  
The Right

Purpose This paper aims to examine key obligations of states to persons deprived of liberty (PDLs) under the right to health framework in the context of COVID-19. As a case study, it also describes the state of health in places of detention in the Philippines during the pandemic, with an end view of providing granular recommendations for prison policy reforms. Design/methodology/approach Relevant rules under international human rights law related to places of detention were thematically analyzed to articulate the scope of the right to health of PDLs. To describe the state of places of detention in the Philippines, this paper relied on archival research of news from selected local mainstream and specialized media. Findings The right to health framework provides a foundation for the response to COVID-19 in places of detention. Key concerns include increase in the number of infections, vulnerabilities in physical and mental health, and the spread of infection among correctional staff. Long-standing structural constraints and limited health information compound the threat of COVID-19. The Philippines must comply with its human rights obligations to PDLs to effectively address COVID-19-related concerns. Practical implications Policy reforms in Philippine places of detention must include application of community standards on physical and mental health, implementation of emergency release and application of non-custodial measures for long-term prison decongestion. Originality/value This is one of the few papers to analyze human rights in health care in places of detention during a pandemic, as nuanced in the context of the Philippines.

Bridging human rights and social determinants of health: Argentina, Chile, Paraguay, and Uruguay

2019 ◽  
Vol 13 (1) ◽  
pp. 3-17
Author(s):  
Juan Smart ◽  
Alejandra Letelier
Keyword(s):  
Human Rights ◽  
Health Status ◽  
Social Determinants Of Health ◽  
Social Determinants ◽  
Right To Health ◽  
Determinants Of Health ◽  
Human Right ◽  
Content Type ◽  
Health And Human Rights ◽  
The Right

Purpose The purpose of this paper is to do a systematic assessment and testing of identified human rights norms alongside social determinant approaches in relation to identified health issues of concern in four Latin American countries (Argentina, Chile, Paraguay and Uruguay) to show how social determinants and human rights frameworks improve population health. Design/methodology/approach To do so, in the first part the authors analyze the inequalities both between and within each of the selected countries in terms of health status and health determinants of the population. Then, in the second section, the authors analyze the level of recognition, institutionalisation and accountability of the right to health in each country. Findings From the data used in this paper it is possible to conclude that the four analysed countries have improved their results in terms of health status, health care and health behaviours. This improvement coincides with the recognition, institutionalisation and creation of accountability mechanisms of human rights principles and standards in terms of health and that a human rights approach to health and its relation with other social determinants have extended universal health coverage and health systems in the four analysed countries. Originality/value Despite of the importance of the relation between human rights and social determinants of health, there are few human right scholars working on the issues of social determinants of health and human rights. Most of the literature of health and human rights has been focussed specific relations between specific rights and the right to health, but less human right scholar working on social determinants of health. On the other hand, just a few epidemiologists and people working on social medicine have actually started to use a universal human rights frame and discourse. In fact, according to Vnkatapuram, Bell and Marmot: “while health and human rights advocates have from the start taken a global perspective, social medicine and social epidemiology have been slower to catch up”.

Family Planning and Reproductive Rights in Chile

2015 ◽  
Author(s):  
Jadwiga E. Pieper Mooney
Keyword(s):  
Human Rights ◽  
Family Planning ◽  
Maternal Mortality ◽  
Women's Rights ◽  
Reproductive Rights ◽  
Women’S Rights ◽  
Planned Parenthood ◽  
Family Planning Programs ◽  
The 1960S ◽  
The Right

The official histories of family planning and reproductive rights in Chile started in the 1960s, with initiatives by Chilean doctors to reduce maternal mortality due to self-induced abortions; Chilean women’s mobilization for rights surged in the 1970s, and the concept of reproductive rights became the focus within health policy debates only by the 1990s. Specific Chilean political developments shaped these trajectories, as did global paradigm changes, including the politicization of fertility regulation as a subject of the Cold War. These same trajectories also generated new understandings of reproductive rights and women’s rights. The goals of preventing abortions and maternal mortality, of controlling population size, and of protecting families all contributed to the public endorsement of family planning programs in the 1960s. Medical doctors and health officials in Chile collaborated with the International Planned Parenthood Federation (IPPF) and founded the first Chilean family planning institution, the Association for the Protection of the Family (APROFA). Since 1965, APROFA, affiliated with the IPPF, has remained the primary institution that makes family planning available to Chilean women and couples. The concept of “reproductive rights” is relatively new, globally, and in its specific national representation in Chile; questions of women’s rights gained unprecedented international prominence after the United Nation’s designation of the International Women’s Year (IWY) in 1975. International conferences, and the extension of IWY to a Decade for Women between 1975 and 1985, stimulated debates about policy norms that linked human rights, women’s rights, and the right to health to nascent definitions of reproductive rights. Just as international gatherings provided platforms for debates about rights, unparalleled human rights violations under military rule (1973–1990) interrupted the lives of Chilean citizens. Women in Chile protested the dictatorship, mobilized for democracy in their country and their homes, and added reproductive rights to the list of demands for democratic restructuring after the end of dictatorship. While family planning programs largely survived the changes of political leadership in Chile, the dictatorship dealt a lasting blow to quests for reproductive rights. The military’s re-drafted Constitution of 1980 not only compromised effective political re-democratization, but also imposed such changes as the end of therapeutic abortions, which have remained at the center of political activism against reproductive rights violations in the 21st century.

Family-Planning Knowledge and Attitude Surveys in Pakistan (Review Article)

1964 ◽  
Vol 4 (2) ◽  
pp. 332-355 ◽  
Author(s):  
Khurshid Haroon ◽  
Yasmin Azra Jan
Keyword(s):  
Family Planning ◽  
Preliminary Data ◽  
Review Article ◽  
Research Projects ◽  
Family Planning Programme ◽  
The Family ◽  
National Family ◽  
National Family Planning ◽  
Knowledge And Attitude ◽  
The Government

Very little of the intense interest and activity in the field of family planning in Pakistan has come up in the form of publications. Since the formation of the Family Planning Association of Pakistan in 1953 and the initiative of the government in promoting a national family-planning programme in its Second Five-Year Plan, relatively few reports have been printed. Most of what has been written in Pakistan about family planning has either been reported at conferences abroad or published in foreign journals, or submitted as graduate dissertations at universities within the country and abroad1. While numerous papers presented at conferences in Pakistan have been given limited circulation in mimeographed form2, much of the preliminary data, emanating from most of the action-research projects in progress, are held up till substantive demographic changes are measured and approaches evaluated accordingly.

Ensuring Reproductive Rights of Women in Nepal: Law and Praxis

2020 ◽  
Vol 4 (1) ◽  
pp. 41-62
Author(s):  
D. N. Parajuli
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Health Services ◽  
Reproductive Rights ◽  
School Curriculum ◽  
Fundamental Rights ◽  
Reproductive Health Services ◽  
Women And Girls ◽  
The Right ◽  
Health Rights

 Reproductive rights are fundamental rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world, but have a commonality about the protection, preservation and promotion of a woman‘s reproductive health rights. Reproductive rights include the right to autonomy and self-determination , the right of everyone to make free and informed decisions and have full control over their body, sexuality, health, relationships, and if, when and with whom to partner, marry and have children , without any form of discrimination, stigma, coercion or violence. The access and availability of reproductive health services are limited due to geography and other issues, non-availability and refusal of reproductive health services may lead to serious consequences. The State need to ensure accessibility, availability, safe and quality reproductive health services and address the lifecycle needs of women and girls and provide access of every young women and girls to comprehensive sexuality education based on their evolving capacity as their human rights, through its inclusion and proper implementation in school curriculum, community-based awareness program and youth led mass media. It is necessary for strengthening compliance, in a time-bound manner, with international human rights standards that Nepal has ratified that protect, promote, and fulfill the basic human rights and reproductive health rights in Nepal and also need to review standards and conventions that Nepal has had reservations about or those that have been poorly implemented in the country.

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.”

The Right to Avoid Procreation and the Regulation of Pregnancy

2020 ◽  
Author(s):  
Janne Rothmar Herrmann
Keyword(s):  
Human Rights ◽  
European Convention ◽  
European Perspective ◽  
Legal Basis ◽  
Moral Obligations ◽  
Men And Women ◽  
European Consensus ◽  
The Family ◽  
The Right

This chapter discusses the right to avoid procreation and the regulation of pregnancy from a European perspective. The legal basis for a right to avoid procreation can be said to fall within the scope of several provisions of the European Convention on Human Rights (ECHR), an instrument that is binding for all European countries. Here, Article 12 of the ECHR gives men and women of marriageable age the right to marry and found a family in accordance with the national laws governing this right. However, Article 12 protects some elements of the right not to procreate, but for couples only. The lack of common European consensus in this area highlights how matters relating to the right to decide on the number and spacing of children touch on aspects that differ from country to country even in what could appear to be a homogenous region. In fact, the cultural, moral, and historical milieus that surround these rights differ considerably with diverse national perceptions of the role of the family, gender equality, religious and moral obligations, and so on.

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