scholarly journals THE HUMAN RIGHT TO HEALTH: A RETROSPECTIVE ANALYSIS AFTER 70 YEARS OF INTERNATIONAL RECOGNITION

2018 ◽  
pp. 24-42
Author(s):  
MARÍA DALLI
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
World Health ◽  
Health Coverage ◽  
Human Right ◽  
The Sustainable Development ◽  
Cultural Rights ◽  
Health Organization ◽  
The Individual ◽  
The Right

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).

scholarly journals A Política Internacional da Saúde: a UNITAID e o acesso a medicamentos | The International Politics of Health: UNITAID and access to medicines

2017 ◽  
Vol 7 (1) ◽  
pp. 03-10
Author(s):  
Celso Luiz Nunes Amorim
Keyword(s):  
Patent Protection ◽  
Political Process ◽  
Access To Medicines ◽  
Right To Health ◽  
World Health ◽  
Human Right ◽  
The Sustainable Development ◽  
Health Organization ◽  
The Right ◽  
Hiv Aids

O direito à saúde é um direito fundamental. Várias iniciativas no âmbito da Assembleia Geral da ONU e no Conselho de Direitos Humanos reforçam esse pensamento. Neste particular, a criação da UNITAID, em 2006, foi uma forma de facilitar o acesso a medicamentos a populações mais pobres utilizando fontes inovadoras de financiamento. A instituição, hospedada pela Organização Mundial da Saúde (OMS), busca melhores formas de prevenir, tratar e diagnosticar o HIV/AIDS, a tuberculose e a malária de forma mais rápida, eficaz e acessível, buscando conciliar a discussão de patentes com o direito inalienável à saúde. O artigo analisa o processo político e as negociações que levaram à Declaração de Doha sobre TRIPS e Saúde Pública, cuja importância é destacada, entre outros, pelos Objetivos de Desenvolvimento Sustentável aprovado por todos os Chefes de Estado das Nações Unidas.ABSTRACTThe right to health is a fundamental, inalienable human right. A number of initiatives within the UN General Assembly and the Human Rights Council reinforce this concept. Established in 2006 and hosted by the World Health Organization (WHO), UNITAID is engaged in finding new ways to prevent, treat and diagnose HIV/AIDS, tuberculosis and malaria more quickly, more cheaply and more effectively. It plays an important role in the global effort to defeat these lethal diseases, by facilitating and speeding up the availability of improved health tools and trying to reconcile patent protection with the right to health.  The article analyzes the political process and the negotiations which led up to the Doha Declaration on TRIPS and Public Health, whose importance – among others – is highlighted on the Sustainable Development Objectives approved by all United Nations Heads of State.Palavras-chave: UNITAID, acesso a medicamentos, saúde global, TRIPS, Doha.Keywords: UNITAID, access to medicines, global health, TRIPS, Doha.DOI: 10.12957/rmi.2016.27034Recebido em 28 de dezembro de 2016 | Received on December 28, 2016.

scholarly journals Political, Historical and Social Features of the Human Right to Health

2019 ◽  
Vol 7 (12) ◽  
pp. 554-561
Author(s):  
Luis Henrique Almeida Castro ◽  
Cristiane Martins Viegas de Oliveira ◽  
Diego Bezerra de Souza ◽  
Geanlucas Mendes Monteiro ◽  
Gildiney Penaves de Alencar ◽  
...  
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
World Health ◽  
Human Right ◽  
Role Of The State ◽  
Access To Health ◽  
Health Organization ◽  
The Right ◽  
Globalized World ◽  
Right Of Access

The consecration of the right to physical and mental integrity at the time of the establishment of the World Health Organization (WHO) in 1946 and the United Nations Universal Declaration of Human Rights (UN) in 1948 established the human right of access to health. Conversely, the practical guarantee of this right has gone through many nuances since then, so that today the process of its implementation is closely related to the political, historical and social aspects of each country, demanding from the administrative power an interdisciplinary look for this issue. The problem that involves this conjuncture drives the researchers of this field to question themselves: what is the role of the State in this right? What is the performance of health professionals in fact? Is it possible to achieve the universality of human rights in an economically and culturally globalized world? In the light of the above, this narrative review aimed to collect in the literature the scenarios that permeate this reality providing tacit examples of how the human right to health is shaped according to the conjunctures of insertion of each community that tries to implement it

Challenges to the Fundamental Rights and Freedoms Including Patient Rights During the COVID-19 Pandemic in Turkey

2022 ◽  
pp. 124-147
Author(s):  
Maral Törenli Çakıroğlu
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
Patient Rights ◽  
Fundamental Rights ◽  
World Health ◽  
The World ◽  
Experience Effects ◽  
Health Organization ◽  
Fundamental Rights And Freedoms ◽  
The Right

The COVID-19 virus, which first appeared in Wuhan, China in December 2019 and spread quickly to the whole world in a few months, was defined as a pandemic by the World Health Organization on 12 March 2020. This process has inevitably brought along problems in many areas, including health, education, social, economics, law, psychology, politics, and international relations. The pandemic era is a period when we appreciate more than ever how valuable our fundamental rights and freedoms are. Of these rights, the right to health and patient rights are significantly adversely impacted. This chapter will evaluate human rights, especially patient rights, mostly affected during this pandemic period in Turkey. This chapter further presents that other states are also continuing to experience effects of the pandemic. Both Turkey and other states must be prepared for the patients to properly benefit from the healthcare system in future outbreaks and pandemics. Otherwise, human and patient rights will continue to suffer.

Happiness as an Expression of Health

2022 ◽  
pp. 311-332
Author(s):  
Rodolfo Andrade de Carvalho ◽  
Jorge Lima de Magalhães
Keyword(s):  
Global Health ◽  
21St Century ◽  
Well Being ◽  
Right To Health ◽  
World Health ◽  
The World ◽  
Health Organization ◽  
The Individual ◽  
The Right ◽  
Legal Interventions

Health gained a global prominence and became a right declared by the World Health Organization in 1948. In the 21st century, it is understood as a complete well-being of the individual, far beyond the absence of disease. In this context, the right to happiness translates as an expression of the aspirations for the realization of the right to health. Thus, this chapter aims to understand, in the light of the Freudian perspective, the aspects of soul life that lead the individual to the exhausting task of seeking happiness and seeks to reflect the possible contributions that legal science can offer to the improvement of individual well-being as a right health in the context of global health. Freud's theories about the formation of the psychic apparatus, his conception of malaise caused by culture and legal interventions that can possibly contribute to the reduction of individual unhappiness are presented.

Economic Profit vs. Social Benefit

2021 ◽  
pp. 24-44
Author(s):  
M. Mercedes Galán-Ladero ◽  
M. Ángeles Galán-Ladero
Keyword(s):  
Well Being ◽  
Social Benefit ◽  
Economic Benefits ◽  
Essential Medicines ◽  
World Health ◽  
Human Right ◽  
The Sustainable Development ◽  
The World ◽  
Health Organization ◽  
The Right

There is currently a wide-ranging debate on whether it is ethical for pharmaceutical companies to profit and obtain large economic benefits by patenting and controlling the sale of essential medicines that can save thousands of lives, or, on the contrary, whether these medicines should be considered social products and offered at low prices so that anyone, in any country in the world, regardless of their purchasing power, can have access to them. This debate has intensified since health was considered a fundamental human right by the World Health Organization (WHO) and was expressly included in the Sustainable Development Goals (SDGs) adopted by the United Nations (specifically, in Goal 3: “Health and Well-Being”). Consequently, the overall objective of this chapter is to reflect on these questions: Should economic interests prevail over social ones in the case of essential life-saving medicines? Should the fundamental right to health prevail over the right granted by a patent? How far should corporate social responsibility (CSR) go in the pharmaceutical industry?

The Future of Human Rights in WHO

2018 ◽  
Author(s):  
Flavia Bustreo ◽  
Veronica Magar ◽  
Rajat Khosla ◽  
Marcus Stahlhofer ◽  
Rebekah Thomas
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
World Health ◽  
Health Governance ◽  
Human Right ◽  
The Sustainable Development ◽  
Development Agenda ◽  
The World ◽  
Health Organization ◽  
The Impact

This chapter examines how the Sustainable Development Agenda—with its focus on equity, gender equality, and human rights—has provided an unprecedented opportunity to advance human rights within the World Health Organization (WHO). It looks at how human rights are increasingly permeating the Organization’s work, both implicitly and explicitly, and how this paves the way for a bolder vision for human rights in health. Through this examination, the authors lay out a strategy for three necessary shifts that would set WHO on an unprecedented path toward greater rights-based health governance: the adoption of a Resolution by WHO’s governing body on health, both as a human right and as a means to achieve human rights (“to health and through health”); greater collaboration between WHO and the UN human rights system to promote rights-based approaches to health; and building evidence of the impact of such approaches on health.

Human Rights Responsibilities of Pharmaceutical Companies in Relation to Access to Medicines

2012 ◽  
Vol 40 (2) ◽  
pp. 220-233 ◽  
Author(s):  
Joo-Young Lee ◽  
Paul Hunt
Keyword(s):  
Human Rights ◽  
Access To Medicines ◽  
Right To Health ◽  
Fundamental Rights ◽  
Essential Medicines ◽  
World Health ◽  
The World ◽  
Access To Essential Medicines ◽  
Health Organization ◽  
The Right

The Constitution of the World Health Organization (WHO) affirms that “the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being.” The Universal Declaration of Human Rights lays the foundations for the international framework for the right to health. This human right is now codified in numerous national constitutions, as well as legally binding international human rights treaties, such as the International Covenant on Economic, Social and Cultural Rights.Although medical care and access to medicines are vital features of the right to health, almost two billion people lack access to essential medicines, leading to immense avoidable suffering. Improving access to essential medicines could save 10 million lives each year, four million of them in Africa and South-East Asia alone. Gross inequity is a shocking feature of the world pharmaceutical situation.

The Right to Petition an International Authority

1953 ◽  
Vol 2 (4) ◽  
pp. 542-563 ◽  
Author(s):  
J. W. Bruegel
Keyword(s):  
Human Rights ◽  
General Assembly ◽  
Political Rights ◽  
Human Right ◽  
Cultural Rights ◽  
International Authority ◽  
Sixth Session ◽  
The Individual ◽  
The Right ◽  
United Nations Charter

Article 55 of the United Nations Charter commits the member States to promote “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,” recognising thus for the first time the individual as a subject of international law. This would have certainly been a very welcome step—yet we can hardly overlook the fact that very little has been done during the years since 1945, to enable the individual to enjoy this right, guaranteed by the Charter. The “Bill of Rights,” promised in 1946, is far from being completed and ripe for ratification. Rescinding a decision of its fifth session in favour of the inclusion of economic, social and cultural rights in the Draft Covenant of Human Rights, the General Assembly voted during its sixth session in favour of the drafting of two Covenants, one to guarantee civil and political rights and the other economic, social and cultural rights. The drafts of these two documents in the form they emerged from the ninth session of the UN Commission on Human Rights (April 7 to May 30, 1953) do not provide possibilities for the individual to petition an international authority in case of an alleged violation of the Covenant's provisions—in spite of the opinion expressed by the General Assembly at its third session in 1948, that “the right of petition is an essential human right.”

scholarly journals Partnerships in Health Development

2021 ◽  
Vol 23 (1) ◽  
pp. 143-154
Author(s):  
Palitha Abeykoon
Keyword(s):  
Technical Assistance ◽  
Communicable Disease ◽  
Moral Rights ◽  
World Health ◽  
Service Access ◽  
Health Coverage ◽  
Health Development ◽  
The Sustainable Development ◽  
Provision Of Services ◽  
Health Organization

The COVID-19 pandemic has thrown into bold relief the need for an all-of-society response supported by regional and global partnerships to control the epidemic. Addressing the social determinants of health, Universal Health Coverage, the non-communicable disease (NCD) burden, the other communicable diseases and the achievement of the Sustainable Development Goals (SDGs) all would require a close collaboration among different sectors and stakeholders, including the private sector. Partnerships connote three fundamental themes—a relative equality between the partners, mutual commitment to agreed objectives and mutual benefit for the stakeholders involved. The decisions are made jointly, and roles are not only respected but are also backed by legal and moral rights. The World Health Organization (WHO) has been and continues to be the foremost promoter as well as the host for many of the global and regional partnerships in health. A typological classification would include technical assistance partnerships supporting service access and provision of services including drugs, partnerships focusing on research and development, advocacy and resource mobilisation and financing partnerships mainly to provide funds for definite disease programmes. Partnerships in health have brought and continue to bring multiple benefits to the countries. But they also engender several challenges, including the duplication of effort and waste, high transaction costs (usually to government), issues of accountability and consequent lack of alignment with country priorities. As partnerships become increasingly significant in the twenty-first century, better coordination, particularly in terms of donor harmonisation with national priorities, would be needed. It is not ambitious to attempt the elusive ideal where all parties will benefit from one other with a give and take between all stakeholders. Partnerships in health could well herald a new dawn for health development in the South-East Asia Region.

Implementing the Sphere Project’s standards for patient’s healthcare rights in the disaster zone: The experience of the Israeli field hospital in post-quake Nepal

2021 ◽  
Vol 16 (1) ◽  
pp. 59-66
Author(s):  
Deganit Kobliner-Friedman, RN, MPH ◽  
Ofer Merin, MD ◽  
Eran Mashiach, MD ◽  
Reuven Kedar, MD ◽  
Shai Schul, MHA ◽  
...  
Keyword(s):  
Disaster Response ◽  
Sexual Exploitation ◽  
World Health ◽  
Field Hospital ◽  
Medical Teams ◽  
Health Organization ◽  
The Individual ◽  
The Right ◽  
Israel Defense Forces ◽  
Privacy And Confidentiality

Emergency medical teams (EMTs) encounter chaos upon arriving at the scene of a disaster. Rescue efforts are utilitarian and focus on providing the technical aspects of medical care in order to save the most lives at the expense of the individual. This often neglects the basic healthcare rights of the patient. The Sphere Project was initiated to develop universal humanitarian standards for disaster response.The increase in the number of EMTs led the World Health Organization (WHO) to organize standards for disaster response. In 2016, the WHO certified the Israel Defense Forces Field Hospital (IDF-FH) as the first to be awarded the highest level of accreditation (EMT-3). This paper presents the IDF-FH’s efforts to protect the patient’s healthcare rights in a disaster zone based on the Sphere Principles.These core Sphere Principles include the right to professional medical treatment; the right to dignity, privacy, and confidentiality; the right for information in an understandable language; the right to informed consent; the obligation to maintain private medical records; the obligation to adhere to universal ethical standards, to respect culture and custom and to care for vulnerable populations; the right to protection from sexual exploitation and violence; and the right to continued treatment.

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