The Right to Health of Children with Disabilities in International Law

2018 ◽  
pp. 357-381
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.”


2016 ◽  
Vol 12 (10) ◽  
pp. 485
Author(s):  
Maryam Ishaku Gwangndi ◽  
Yahaya Abubakar Muhammad ◽  
Sule Musa Tagi

When natural habitats are destroyed or natural resources are depleted the environment is degraded. Environmental degradation results from factors such as urbanisation, population growth, intensification of agriculture, rising energy use and transportation, climate change, pollutions arising from many sources such as technological activities. It is explored that as a result of the dynamic interplay of socio-economic factors and technological activities amongst many other factors, these have devastating consequences on human health. Thus environmental degradation consequences affect the health and the right to health of the people. Using the doctrinal method of research, we examine the confluence of environmental degradation and health from a rights perspective. An unhealthy environment possess health hazards consequently a violation of the right to health. The article recommends that states’ obligation under international law to protect the right to health should be enforceable. Human beings are entitled to right to health even as the environment needs to be protected from activities which cause environmental degradation.


JAHR ◽  
2018 ◽  
Vol 9 (1) ◽  
pp. 69-85
Author(s):  
Sonja Trgovčić

The concept of international solidarity has been developing since the second half of the 20th century within the scope of international charters, conventions and declarations of protection of human rights. It has earned the qualities of the principle of international law and has been given a meaning of the key human right which binds together human rights of the first, second and third generation. With this work the author provides an explanation and gives a postulate to the legal nature of international solidarity and its legal feasibility. Furthermore, the author speaks about international cooperation, shared responsibility and the prevention of factors of climate change, hunger, inadequate health care, polarity in the economic development, and achieving equality. The author dedicates special attention to the right to health, its aspects and connections with international solidarity in protection of vulnerable groups.


2014 ◽  
Vol 3 (1) ◽  
pp. 1-28
Author(s):  
Jennifer Hasselgård-Rowe ◽  
Emmanuel Kabengele Mpinga

Despite the recent interest in health rights litigation, there has not yet been a study specifically addressing and comparing the justiciability of the right to health in two diverse contexts such as South Africa and Switzerland from the point of view of determining whether the essential components of the right to health under international law have been referred to in the formulation of complaints and in judgments handed down by the courts. The respective constitutional provisions incorporating the right to health as well as pertinent health rights cases were identified before analysing the similarities and differences relating to the essential components of the right to health. The findings support more frequent reference to the normative components of the right to health throughout domestic judicial proceedings in order to further the advancement and effective implementation of the right to health, not only in South Africa and Switzerland but more broadly.


2013 ◽  
Vol 13 (1) ◽  
pp. 191-197
Author(s):  
O. L. Motta Ferraz

2018 ◽  
Vol 39 (8) ◽  
pp. 1611-1638
Author(s):  
BARBARA MIKOŁAJCZYK

ABSTRACTOver the next 30 years, the number of people aged over 65 will exceed the number of children worldwide. Moreover, people at extreme old age will constitute a significant group of older adults. Undoubtedly, global ageing appears as a great challenge to the whole international community in relation to the protection of rights of older persons, including their right to health. The last one is recognised on international forums as one of the most current and complex issues. Therefore, in this paper, I discuss how the right of older adults to health is protected by international norms, and identify trends and perspectives for implementing this right effectively. Examining the degree of protection, I analyse existing international instruments and their interpretation provided by international bodies. I consider that the new international developments should fill in the existing loophole in international law and oblige States to focus on elimination of ageism, age discrimination in access to health care and various barriers to enjoying the right to health by older persons.


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