Realization of the International Human Right to Health in an Economically Integrated North America

2009 ◽  
Vol 37 (4) ◽  
pp. 807-818 ◽  
Author(s):  
Eleanor D. Kinney
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
North America ◽  
Free Trade ◽  
Right To Health ◽  
Social Progress ◽  
The European Union ◽  
Human Right ◽  
International Human ◽  
The Impact

During World War II, the Allies created the United Nations and its associated international institutions to stabilize the post-war world. The Allies envisioned a coordinated world in which human rights for all were respected, economic and social progress for all promoted, and global warfare prevented. This was a phenomenally fantastic vision that seemed unattainable in the wake of the most devastating global war in history.Today, the world is witnessing some of the fruits of these mid-20th century events and aspirations, especially since the collapse of Communism in 1989. Economic integration and free trade has become much more prevalent as exemplified by astounding developments such as the European Union. And there is a greater appreciation of human rights, including the international human right to health. This article examines the evolution of trade policy and the impact of free trade policies on the health care sectors of the three countries of North America and the realization of the human right to health in North America.

A Need for Transnational Non Bis in Idem Protection in International Human Rights Law

2005 ◽  
Vol 23 (3) ◽  
pp. 329-347 ◽  
Author(s):  
Alexander Poels
Keyword(s):  
Human Rights ◽  
Due Process ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human ◽  
The Individual ◽  
Domestic Law

Although safeguards for the individual human right guarantees for protection against double jeopardy are strongly entrenched in international and domestic law as well as widely reflected in State practice, such protection is generally limited in scope and applicability to surrender or extradition procedures. Where criminal offenders face courts of a State after having been prosecuted and punished or acquitted by a court of another State, the absence of transnational non bis in idem protection constitutes a serious lacuna in international human rights law. Although legislative and judicial initiatives are being undertaken – notably under the aegis of the European Union – to remedy this lacuna, the international community must incontestably act upon this need for individuals' protection against abuses of power and breaches of due process through the amendment or complementing of the classical international human rights conventions.

Human Rights Education for Peace and Conflict Resolution

2016 ◽  
pp. 89-105
Author(s):  
Khan Ferdousour Rahman
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Indigenous Rights ◽  
Political Rights ◽  
Human Right ◽  
International Human Rights ◽  
Cultural Rights ◽  
The World ◽  
International Human ◽  
Almost All

The relationship between human rights and conflict is dynamic, complex, and powerful, constantly shaping and reshaping the course of both peace and war. The world was worried with the devastating effect of the World War II. The United Nations was formed out of the ashes of the war in 1945, putting respect for human rights alongside peace, security and development as the primary objectives. The Universal Declaration of Human Rights (UDHR) was also adopted in 1948 as a continuation of that obligation, which provided a framework for a series of international human rights conventions. Presently almost all the national legislations are influenced by these conventions. The modern system of international human rights treaties is based on the concept of universalism. Depending on the agency, human rights include civil and political rights, economic, social and cultural rights, development rights, and indigenous rights. However, what is or is not considered a human right differs from one nation to another (Fedorak, 2007).

Trade Rules, Intellectual Property, and the Right to Health

2007 ◽  
Vol 21 (3) ◽  
pp. 337-357 ◽  
Author(s):  
Lisa Forman
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Right To Health ◽  
Essential Medicines ◽  
Human Right ◽  
Poor Countries ◽  
Access To Essential Medicines ◽  
The Right ◽  
Human Rights Standards ◽  
The Impact

In perpetuating and exacerbating restricted access to essential medicines, current trade-related intellectual property rules on medicines may violate core human rights to health and medicines. In this light, their impact on the global disease burden raises serious questions about their necessity, and their justification should be critically assessed from the perspective of human rights standards. These standards require that international trade rules on medicines be justified to the fullest extent possible, and permitted only to the extent to which they can be justified. In this article I explore the impact of trade rules on medicines access, and the growing force of the human right to health. I argue that the limited justification for strong patents in poor countries suggests the need for significant reform of trade-related intellectual property rights. I argue further that human rights standards may offer both normative and practical tools for achieving this reform and for challenging trade rules on medicines at various levels.

Patents and Human Rights: A Heterodox Analysis

2013 ◽  
Vol 41 (1) ◽  
pp. 185-198 ◽  
Author(s):  
E. Richard Gold
Keyword(s):  
Human Rights ◽  
Free Trade ◽  
Intellectual Property Rights ◽  
Right To Health ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Patent Rights ◽  
International Human ◽  
The City

Patents and free trade make strange bedfellows. For most of their history, patents have been instruments deployed to resist trade with other countries, not to enhance it. Whether one looks at Venetian laws that punished citizens who practiced local crafts outside the city, the Mercantilist uses to which patents were put in Elizabethan England, or the cartels of the 19th and 20th centuries created on a foundation of interlocking patent rights, patents have had a distinctly protectionist function. It is thus ironic that it is intellectual property rights in general, and patents in particular, that have been held up in recent years as the poster child of much that is wrong with globalization and free trade. Nowhere is this more so than in debates concerning international human rights law and patents, in particular the position that patents violate an international right to health.

Solidarity and Social Justice in the European Union Seventy Years after the Universal Declaration of Human Rights: The Role of European Judges

2019 ◽  
Vol 76 (3-4) ◽  
pp. 138-148
Author(s):  
Francesco Zammartino
Keyword(s):  
Human Rights ◽  
Universal Declaration ◽  
Social Progress ◽  
Economic Policies ◽  
International Level ◽  
The European Union ◽  
Human Beings ◽  
Government Programs ◽  
Binding Force

Seventy Years after its proclamation, the Universal Declaration of Human Rights, despite not having a binding force for the states, still provides at international level the fundamental text from which the principles and the values for the preservation of liberty and right of people are taken. In this article, the author particularly underlines the importance of Declaration’s article 1, which states: “All human beings are born free and equal in dignity and rights”. With these words the Declaration presses states to undertake economic policies aimed at achieving economic and social progress for all individuals. Unfortunately, we also have to underline the lack of effective social policies in government programs of the E.U. Member States. The author inquires whether it is left to European judges to affirm the importance of social welfare.

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.”

Influence of the ICCPR in Asia

2018 ◽  
Author(s):  
Yogesh Tyagi
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
International Human Rights ◽  
Factors Affecting ◽  
Judicial Discourse ◽  
International Human ◽  
Golden Jubilee ◽  
Civil And Political Rights ◽  
The Impact

The golden jubilee of the International Covenant on Civil and Political Rights (ICCPR) coincides with the emergence of Asia as a centre of global attention. However, greater attention to Asia has been accompanied by some scepticism over its attitude towards human rights. The chapter provides an overall assessment of the impact of the ICCPR on the major Asian States, with an analysis of the factors affecting such influence. The chapter considers the involvement in, observance of, and compliance with the provisions of the ICCPR by these States. It further delves into the academic and judicial discourse on the ICCPR within these States, recording the domestic disposition towards judgments of foreign courts, the output of the Human Rights Committee, and the work of other international human rights bodies. It makes suggestions for developing mechanisms to improve the effectiveness of the ICCPR and for creating databases to perform further research in the area.

scholarly journals Breastfeeding in Refugee Camps: A Child and Maternal Right?

2021 ◽  
Author(s):  
Aleisha Ebrahimi
Keyword(s):  
Human Rights ◽  
Best Interests ◽  
Refugee Camps ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Formula Milk ◽  
International Human ◽  
Milk Marketing

Abstract In recognition of the health benefits breastfeeding offers for both mother and child, breastfeeding has been acknowledged in various International Human Rights Law instruments. Furthermore, against the backdrop of aggressive formula milk marketing campaigns, significant soft law provisions contained within the International Code of Marketing of Breast-milk Substitutes 1981 regulate and control the promotion of breastmilk substitutes. Refugee camps, however, remain aligned with pre-code practice, as formula milk is often one of the first donations to arrive in camps. Mothers, who are still affected by historical formula marketing campaigns, receive formula milk and perceive its availability and distribution as an endorsement over breastfeeding. In this article, International Human Rights Law is analysed, within the framework of the principle of the best interests of the child, to determine if the choice to breastfeed should be protected as a human right and how the indiscriminate supply of formula milk interacts with this choice in refugee camps.

Ethical issues in tuberculosis screening and the use of new drugs for prisoners

2020 ◽  
Vol 24 (5) ◽  
pp. 57-60
Author(s):  
B. S. Elger ◽  
F. Mirzayev ◽  
S. Afandiyev ◽  
E. Gurbanova
Keyword(s):  
Human Rights ◽  
Ethical Issues ◽  
Multidrug Resistant ◽  
New Drugs ◽  
International Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
Tuberculosis Screening ◽  
Tb Treatment ◽  
International Human

SETTING: Prisons are known to have extremely high tuberculosis (TB) and multidrug-resistant (MDR) and extensively drug-resistant (XDR) TB prevalence and poor treatment outcomes.OBJECTIVE: To examine the screening and M/XDR-TB treatment with new TB drugs in prisons from the perspective of international ethical and legal requirements.DESIGN: WHO recommendations on TB screening in prisons and M/XDR-TB treatment as well as the international human rights law on prisoners were analysed.RESULTS: Prisoners have a human right to access at least the same level of TB care as in their communities. Screening for TB in prisons, which may run contrary to a given individual's choice to be tested, may be justified by the positive obligation to prevent other prisoners from contracting a possibly deadly disease. Introduction of new TB drugs in prisons is necessary, ethically sound and should start in parallel with introduction in a civilian sector in strict compliance with the WHO recommendations.CONCLUSION: Access to screening for TB, as well as effective treatment according to WHO recommendations, must be ensured by countries on the basis of international human rights conventions.

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