The Imperial – Emancipatory Paradox of International Human Rights: How Useful is the Right to Health in Sub-Saharan Africa?

2007 ◽  
Vol 9 (4) ◽  
pp. 387-403 ◽  
Author(s):  
Daniel Wanjau Muriu
Keyword(s):  
Human Rights ◽  
Health Care Services ◽  
Good Health ◽  
Right To Health ◽  
Sub Saharan Africa ◽  
International Human Rights ◽  
Care Services ◽  
International Human ◽  
Sub Saharan ◽  
The Right

AbstractIn thinking of and formulating strategies for tackling the problem of access to good health care services in Sub-Saharan Africa, it is very tempting to look to the right to health as part of such strategies. However, given the genealogy and practices of the international human rights corpus, the question as to the value of utilising the right to health in such endeavours necessarily comes to the fore and demands investigation. Using the trajectory of the right to health, the paper analyses the usefulness or otherwise of international human rights in seeking solutions to problems relating to health in Sub-Saharan Africa. An argument is made that the right to health has low utility value despite the promises it makes. The paper concludes with the argument that an appreciation of the imperial-emancipatory paradox that is inherent in the corpus of international human rights not only enables one to expect less from the right to health but also opens up possibilities of crafting more productive strategies in the struggle to achieve the 'highest attainable standard of health' for the people of Sub-Saharan Africa.

Accountability

2020 ◽  
pp. 258-286
Author(s):  
Aryeh Neier
Keyword(s):  
Human Rights ◽  
Sub Saharan Africa ◽  
Truth Commissions ◽  
International Human Rights ◽  
Human Rights Abuses ◽  
International Criminal Tribunals ◽  
Military Regimes ◽  
Human Rights Movement ◽  
International Human ◽  
Sub Saharan

This chapter focuses on the major goal of the international human rights movement has been in securing accountability for grave abuses. It talks about “truth commissions” in Latin America, sub-Saharan Africa, several countries of Asia, Morocco, and Canada, which deals with abuses against the country's indigenous population. It also highlights the establishment of several international criminal tribunals in order to prosecute and punish those accused of war crimes, crimes against humanity, and genocide. The chapter explores accountability, which has become a central concern of the international human rights movement for the recognition or official acknowledgment of the suffering of victims of human rights abuses. It also analyzes the purpose of deniability, which made it possible for military regimes in that commit abuses to maintain a facadeof legality.

scholarly journals A Human Rights-Based Approach to Maternal and Child Health in Ethiopia: Does it Matter to Promote Health Equities?

2020 ◽  
Author(s):  
Solomon Tekle Abegaz
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Child Health ◽  
Maternal And Child Health ◽  
Health Care Services ◽  
Right To Health ◽  
Human Right ◽  
Care Services ◽  
The Right ◽  
And Child Health

A rights-based approach to health helps to address health equity gaps. While several aspects of health as a human right exist, this chapter highlights particular indicators relevant to shaping a human rights approach to maternal and child health in Ethiopia. These indicators include recognition of the right to health; national health plan; accessible and acceptable health-care services; accountability; and a civil society that draws on the agency of vulnerable groups. Probing the extent to which the Ethiopian health system includes these features, this chapter identifies that the Federal Constitution does not adequately recognize maternal and child health as a human right. While identifying the positive developments of increased access to women’s and children’s health-care services in Ethiopia, the chapter also charts problems that limit further improvement, including health workers’ inability from making the right health-care decisions; extreme gaps in ensuring accountability; and a restrictive law that restrains social mobilization for a proper health rights movement. The chapter concludes by providing recommendations to the government of Ethiopia that addressing these problems using a rights-based approach offers an alternative pathway for the progressive realization of the right to health of women and children, and it thereby improves health inequities in the country.

Humanitarian Bottom League? Sweden and the Right to Health for Undocumented Migrants

2010 ◽  
Vol 12 (2) ◽  
pp. 215-240 ◽  
Author(s):  
Shannon Alexander
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Asylum Seekers ◽  
Right To Health ◽  
International Human Rights Law ◽  
Undocumented Migrants ◽  
International Human Rights ◽  
Emergency Situations ◽  
International Human ◽  
The Right

AbstractICESCR article 12 generously grants “everyone” the right to the highest attainable standard of mental and physical health. Ironically, “everyone” is reduced to “most” when held up to scrutiny, but certainly includes migrants. Migrants are entitled to the full realization of the right to health regardless of their legal or immigration status. This realization is threatened as States restrict health care, via legal and financial means, in order to punish undocumented migrants and deter migration. One such State is Sweden where the recent “Law Concerning Health Care for Asylum Seekers and Others” caused one progressive Parliamentarian to lament that its restrictive policies regarding health care and undocumented migrants would put Sweden in the “humanitarian bottom league”. Indeed, Swedish legislation, practice and policy are generally inconsistent with its international human rights obligations towards undocumented migrants, asylum seekers and refugees and their right to health. Undocumented migrants are entitled to unsubsidized health care only in immediate and emergency situations. Care is difficult to access and prohibitively expensive in many cases. Asylum seekers and failed asylum seekers who are not in hiding are only entitled to subsidized maternity care, care that cannot wait or emergency care. Moreover, a lack of cultural competence amongst caretakers may have a detrimental impact on the quality of care given to these migrants. Consequently, Swedish practice and policy are often at odds with its international human rights law obligations. This threatens to relegate a State that has always been considered a member of the “humanitarian major league” to a one that wallows in the “humanitarian bottom league”.

scholarly journals El Estado como garante de los derechos de los pueblos originarios en Argentina / The argentinian State as guarantor of aboriginal’s rights

2019 ◽  
pp. 164-171
Author(s):  
María Florencia Blanco Pighi
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Legal Protection ◽  
Right To Health ◽  
International Human Rights ◽  
Derechos Humanos ◽  
Court Of Justice ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right

Los derechos humanos de los pueblos originarios, entre ellos, el derecho a la salud, son reconocidos por la Constitución Argentina, por tratados internacionales ratificados por nuestro país, por la normativa interna y por las constituciones provinciales. La Corte Suprema de Justicia de la Nación, mediante el fallo en análisis, establece que la protección de estos derechos debe asegurarse por la vía más idónea, y que, al existir una acción de amparo en curso, la medida cautelar de interposición más reciente, debe ser rechazada.   The Argentinian Constitution, the international human rights treaties ratified by Argentina, the argentine internal regulations and the constitution of several provinces, recognize the aboriginal´s human rights, including the right to health. In the judgment in analysis, the Argentinian Supreme Court of Justice, states that the protection of those rights needs to be accomplish by the most suitable way. When a legal protection action is in curse, the most recently filed action must be rejected.

Geographies of sexualities in sub-Saharan Africa: Positioning and critically engaging with international human rights and related ascendant discourses

2019 ◽  
Vol 44 (4) ◽  
pp. 683-703 ◽  
Author(s):  
Andrew Tucker
Keyword(s):  
Human Rights ◽  
Global South ◽  
Sub Saharan Africa ◽  
Systematic Evaluation ◽  
Future Research ◽  
International Human Rights ◽  
Research Questions ◽  
International Human ◽  
Sub Saharan

Significant opportunities exist to examine new ways of approaching geographies of sexualities in the Global South. This article argues a key way to consider this is via a systematic evaluation of diverse impacts in the Global South of very different internationally-driven processes designed to address local LGBT needs. Focusing on sub-Saharan Africa and drawing on and reviewing a range of disciplinary perspectives, this article offers a conceptualization and series of future research questions regarding the relational and diverse impacts of different internationally-driven processes. These concerns support existing geographies of sexualities interests including the interfaces between sexuality, intersectionality and space.

scholarly journals HEALTH AND HUMAN RIGHTS WITHIN THE CONTEXT OF INTERNATIONAL HUMAN RIGHTS LAWS AND THE MALAYSIAN CONSTITUTION

2021 ◽  
Vol 29 (1) ◽  
pp. 103-127
Author(s):  
Khairil Azmin Mokhtar
Keyword(s):  
Human Rights ◽  
Healthcare Services ◽  
Right To Health ◽  
International Human Rights ◽  
Economic Rights ◽  
Health And Human Rights ◽  
Quality Life ◽  
Private And Public ◽  
International Human ◽  
The Right

Health rights, unlike political and economic rights, until recently has not received sufficient attention that it truly deserves despite being equally important as other aspects of human rights.  It is timely that the right to health be given serious attention and more coverage by the media, legal fraternity and the authorities as well as by the public at large. Unfortunately, the Malaysian Constitution does not have any express provision which recognizes health right and no laws in the country so far acknowledged such right. Hence, this research is done to supplement the gap.  This is a legal research which applies qualitative approach focusing on rights relating to private and public health. It is a doctrinal and jurisprudential study and examines international and national laws, especially the Malaysian Constitution. Health is essential for a good life of any human being. Without it a person cannot have a quality life. Although it cannot be expected that government must guarantee everybody will be healthy it cannot be denied that among the functions and obligations of the governments are to provide healthcare services to the community and ensure that facilities and avenues for medical treatments are available to the people. This right has been firmly established in international human rights laws. Its realization has been the subject and objective of various international conventions and policies. It is believed that right to health is ingrained in the constitution of the country and should be recognized by the courts and the governments.

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