scholarly journals Disability’s rights to health: an obligation triggered by corona virus pandemic

2021 ◽  
pp. 363-384
Author(s):  
Uche A. Nnawykezi ◽  
Bosede Remilekun Adeuti
Keyword(s):  
Right To Health ◽  
Qualitative Approach ◽  
Persons With Disabilities ◽  
Corona Virus ◽  
Policy Frameworks ◽  
The Face ◽  
Laws And Policies ◽  
The Right

This paper examines the right to health and disabilities rights in the wake of Corona virus pandemic. The objective of this paper is to examine the applicable legal and policy frameworks on the rights of persons with disabilities and how it has adequately protected such persons in the face of Corona virus pandemic. The study adopts analytical, qualitative approach and builds its argument on existing literatures. The paper recommends the existing laws and policies on disability’s rights to health be enforced by relevant agencies, whilst Article 25 of the Convention on the Rights of Persons with Disabilities 2006 should be made proactive.

Art.15 Protection against Torture and Cruel or Inhuman or Degrading Treatment or Punishment

2018 ◽  
Author(s):  
Fennell Phil
Keyword(s):  
Health Care ◽  
Informed Consent ◽  
United Nations ◽  
Right To Health ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Right To Health Care ◽  
United Nations Convention ◽  
Degrading Treatment ◽  
The Right

This chapter examines Article 15 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which prohibits torture and cruel, inhuman, or degrading treatment or punishment (CIDTP), irrespective of the circumstances and the victim’s behaviour. Article 15 rights overlap with rights under other CRPD articles, including the right to legal capacity on an equal basis with others under Article 12; the right to liberty and security under Article 14; the right to protection against violence, exploitation and abuse under Article 16; the right to physical and mental integrity under Article 17 and; the right to health care on an equal basis with others and based on informed consent under Article 25.

scholarly journals ‘The Highest Attainable Standard’: The Right to Health for Refugees with Disabilities

Societies ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 33 ◽  
Author(s):  
Smith-Khan ◽  
Crock
Keyword(s):  
Human Rights ◽  
Full Range ◽  
Good Practice ◽  
Legal Framework ◽  
Right To Health ◽  
Host Countries ◽  
Persons With Disabilities ◽  
Health And Wellbeing ◽  
Socioeconomic Rights ◽  
The Right

The Convention on the Rights of Persons with Disabilities (CRPD) creates duties for States Parties and UN agencies to ensure that individuals under their protection have equal enjoyment of the full range of human rights. This includes the Article 25 right to enjoy ‘the highest attainable standard of health without discrimination on the basis of disability.’ However, refugees, who are forced to seek protection outside their state, face particular obstacles to maintaining an adequate level of wellbeing and accessing services to meet their health needs. Among this group, those who have a disability may confront multiple intersecting challenges. This paper draws on the findings of research across countries that play host to significant refugee populations. It explores the contribution of the CRPD to the international human rights framework for refugees, with particular attention to the right to health. Incorporating evidence from the field, it discusses the implementation of these rights and related duties in humanitarian responses across the world. This article discusses common barriers to health services for refugees with disabilities in six host countries. Based on the broad conceptualization of health and wellbeing established in the international legal framework, it also examines the relationship between the fulfilment of Article 25 and other basic socioeconomic rights. It provides examples of good practice and identifies strategies to better ensure the rights set out in Article 25 of the CRPD.

The human right to health and the struggle for recognition

2011 ◽  
Vol 38 (3) ◽  
pp. 569-588 ◽  
Author(s):  
PATRICK HAYDEN
Keyword(s):  
Health Inequalities ◽  
Political Action ◽  
Right To Health ◽  
Human Condition ◽  
World Health ◽  
Human Right ◽  
Treatment Action Campaign ◽  
The Face ◽  
The Right ◽  
Struggle For Recognition

AbstractPersistent health inequalities exist globally, affecting high-income countries and blighting the developing world. Health inequalities currently are one of the greatest challenges facing realisation of the human right to health. This article argues that the struggle for the right to health in the face of such inequalities requires embracing three critical considerations: redistribution, representation, and recognition. While the analysis of the right to health has been formulated predominantly around theories of distributive justice, I suggest that a more normatively compelling account will link the politics of economic redistribution to the politics of sociocultural recognition. A recognition approach, which views rights claims as grounded on the vulnerability of the human condition, can show how rights are emergent in political action and that the ability to claim and exercise the human right to health is contingent upon recognition of diverse sociopolitical statuses. From this perspective, there are no ‘neutral’ constructions of the rights-bearing subject and conflict between different political framings of the right to health is a consequence of the struggle for recognition. This theme is illustrated by comparing conservative, affirmative, and transformative processes of recognition in the struggle for access to essential antiretroviral medicines by South Africa's Treatment Action Campaign.

scholarly journals Right to Health and the Social Determinants of Health in the Face of COVID-19. Tthe Spanish Experience after Austerity Policies

2021 ◽  
pp. 220-241
Author(s):  
Carlos Lema Añón
Keyword(s):  
Health Care ◽  
Social Determinants Of Health ◽  
Social Determinants ◽  
Health Care Systems ◽  
Right To Health ◽  
Determinants Of Health ◽  
The Face ◽  
Care Systems ◽  
The Right ◽  
The Impact

The COVID-19 pandemic has particularly affected Spain in 2020. Although the specific causes and Spain’s response—as well as the aspects to be improved—are yet to be evaluated, many experts agree that this crisis has magnified some of the problems of the Spanish health system, highlighting the problems derived from the cuts in the capacities of the health and public health systems. We assess the current situation from the perspective of the right to health in its twofold dimension: health care and social determinants. For this purpose, we look into the configuration of the right to health in Spain and how the economic crisis and austerity policies affected it. In particular, we consider the impact both on institutional health care systems and in terms of social determinants of health. Finally, we make several proposals for strengthening the right to health.

Being Well

2017 ◽  
Author(s):  
Crystal Parikh
Keyword(s):  
Right To Health ◽  
Ana Castillo ◽  
Human Being ◽  
Persons With Disabilities ◽  
Family Romance ◽  
The Core ◽  
Family Saga ◽  
The Family ◽  
Jhumpa Lahiri ◽  
The Right

Considering the family romance and family saga as adapted in narrative fiction by Jhumpa Lahiri and Ana Castillo, in tandem with the Convention on the Rights of Persons with Disabilities, Chapter Five argues for a conception of the right to health that recognizes embodied vulnerability as the core feature of human being.

scholarly journals THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES VERSUS THE RIGHT TO HEALTH CARE

2019 ◽  
Vol 1 (9) ◽  
pp. 131
Author(s):  
Ingrida Baranauskiene
Keyword(s):  
Health Care ◽  
Health Care System ◽  
Research Problem ◽  
Right To Health ◽  
Successful Implementation ◽  
Social Relevance ◽  
Persons With Disabilities ◽  
Right To Health Care ◽  
The Right ◽  
Care System

<p>By employing the research methodology of thematic analysis, the paper presents the investigation of the Convention on the Rights or Persons with Disabilities in the aspect of the right to health care. The revealing of fundamental resolutions of the Convention on the Rights of Persons with Disabilities, manifestation of them in the aspect of the health care system are the object of the present paper; moreover, these emphasise the social relevance seeking to ensure comprehensive and equal use of all human rights and fundamental freedoms, dignity, full participation in public life and, naturally, health care system for persons with disabilities. The research problem is formulated within this context: What resolutions of the Convention on the Rights of Persons with Disabilities are the most important to successfully ensure persons’ with disabilities rights to health care? What is the semantic manifestation of these resolutions and what are the contexts that ensure successful implementation of them? </p>

Mental health and barriers to the achievement of the 'right to health'

2011 ◽  
Vol 17 (3) ◽  
pp. 220 ◽  
Author(s):  
Julie Henderson ◽  
Samantha Battams
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Mental Health Problems ◽  
South Australia ◽  
Right To Health ◽  
Structural Barriers ◽  
Physical And Mental Health ◽  
Persons With Disabilities ◽  
People With Mental Illness ◽  
The Right

This paper explores issues relating to access to physical and mental health care for people with mental health problems in light of Australia’s endorsement in 2008 of the Convention of the Rights of Persons with Disabilities, which established the right to health and to health care. Interviews were conducted with 10 key stakeholders with legal, policy, clinical and advocacy roles within South Australia and at a national and international level. Participants identified several barriers to the achievement of the right to health for people with mental illness, with discussion highlighting the legal definition of rights, governance of health and mental health, and structural barriers to receipt of care as the primary barriers. The data are explored in relation to social models of disability.

scholarly journals Regional Disparities of Rehabilitation Resources for Persons with Disabilities in China: Data from 2014 to 2019

2020 ◽  
Vol 17 (19) ◽  
pp. 7319
Author(s):  
Qi Jing ◽  
Qi Tang ◽  
Mei Sun ◽  
Xiaohong Li ◽  
Gang Chen ◽  
...  
Keyword(s):  
Disabled Persons ◽  
Right To Health ◽  
Regional Disparities ◽  
Theil Index ◽  
Health Resource ◽  
Persons With Disabilities ◽  
Increasing Trend ◽  
United Nations Convention ◽  
Main Factors ◽  
The Right

Although the United Nations’ Convention on the Rights of Persons with Disabilities enshrines the right to health for all persons with disabilities (PDs), PDs face health disparities in terms of access to rehabilitation resources, which is important for service supply. This study aimed to explore the trends and distribution of rehabilitation resources for PDs in China from 2014 to 2019, explore the main factors that influence equity, and provide suggestions for policymakers. Data were obtained from the annual China Statistical Bulletin on the Development of Disabled Persons and the database of the China Disabled Persons’ Federation. Six types of rehabilitation resources were chosen to measure the trends in allocation and equity. Data on disparities were analyzed based on western, central, and eastern regions. The Health Resource Density Index and Theil Index were calculated to determine the degree and density of unfairness. The findings show a steady increasing trend in the amount of rehabilitation resources in China from 2014 to 2019. The density and equity of allocation of rehabilitation resources have improved greatly in recent years. Regional disparities were principally caused by differences within the regions. Suggestions including expanding investment in rehabilitation resources and developing rehabilitation systems were put forward.

Sign in / Sign up

Export Citation Format

Share Document