scholarly journals INTERNATIONAL PROTECTION OF THE RIGHT OF EQUAL ACCESS TO HEALTH CARE OF PEOPLE WITH DISABILITIES

2018 ◽  
Vol 28 (6) ◽  
pp. 2057-2061
Author(s):  
Momchil Mavrov

The right to equal access to health care is a fundamental irrevocable right for every person which should be guaranteed in every legal system. It is clear from the established international standards in the field of health that the right of access to healthcare guarantees universal access on an equal basis to really available quality and acceptable health services and health facilities. According to the World Health Organization, access to health services also includes health promotion and disease prevention. In regard to people with disabilities and disadvantaged people, ensuring effective access to healthcare is extremely important, in mind their vulnerability and increased need for moral, social and financial support. The international community has always paid serious attention to the protection of the fundamental rights and freedoms of people with disabilities, especially their health care rights. Evidence for this positive policy is the many legal acts adopted within the United Nations system and within the European Union.The most important of these acts are the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, all adopted by the United Nations, as well as the Charter of Fundamental Rights of the European Union, the European Disability Strategy and other European acts. The listed legal instruments proclaim the right of every person to the highest attainable standard of health and as an element of it is protected and the right to equal access to quality health care for all persons.At the same time with creating an appropriate legal framework to protect the health rights of people with disabilities, specialized bodies have been set up within the United Nations system and within the European Union to monitor and control the implementation of international treaties. This approach of the international community deserves support, as only the introduction of comprehensive and adequate measures could provide for a sufficiently high level of protection of the rights of persons with disabilities, who as full citizens of society should have equal and appropriate conditions for full exercising their subjective health rights, without discrimination on the basis of their disability.

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 201-218
Author(s):  
Magdalena Sobas

This text addresses topics related to access to healthcare services for prisoners with hepatitis C. It is an attempt to consider the constitutional principles of human dignity, the right to life, health protection and equal access to healthcare services. Following article defines the possibility of the actual implementation of these principles in relation to prisoners with hepatitis C. The text also indicates the main causes of decreased accessibility to the diagnosis and treatment of hepatitis C patients.


Author(s):  
Joia Mukherjee ◽  
Paul Farmer

What has called so many young people to the field of global health is the passion to be a force for change, to work on the positive side of globalization, and to be part of a movement for human rights. This passion stems from the knowledge that the world is not OK. Impoverished people are suffering and dying from treatable diseases, while the wealthy live well into their 80s and 90s. These disparities exist between and within countries. COVID-19 has further demonstrated the need for global equity and our mutual interdependence. Yet the road to health equity is long. People living in countries and communities marred by slavery, colonialism, resource extraction, and neoliberal market policies have markedly less access to health care than the wealthy. Developing equitable health systems requires understanding the history and political economy of communities and countries and working to adequately resource health delivery. Equitable health care also requires strong advocacy for the right to health. In fact, the current era in global health was sparked by advocacy—the activist movement for AIDS treatment access, for the universality of the right to health and to a share of scientific advancement. The same advocacy is needed now as vaccines and treatments are developed for COVID-19. This book centers global health in principles of equity and social justice and positions global health as a field to fulfill the universal right to health.


Author(s):  
Kovudhikulrungsri Lalin ◽  
Hendriks Aart

This chapter examines Article 20 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Personal mobility is a prerequisite for inclusion in a society. According to the European Court of Human Rights, to be mobile and to have access to transport, housing, cultural activities, and leisure is a precondition for the ‘right to establish and develop relations with other human beings’, ‘in professional or business contexts as in others’. The CRPD does not establish new rights for persons with disabilities. It is merely thought to identify specific actions that states and others must take to ensure the effectiveness and inclusiveness of all human rights and to protect against discrimination on the basis of disability. However, the fact that there is no equivalent of the right to personal mobility in any other human rights treaty makes it particularly interesting to examine the genesis and meaning of this provision.


Author(s):  
Fennell Phil

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.


Author(s):  
Nizar Smitha

This chapter examines Article 10 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which affirms every human being’s right to life. It first explores the efforts made by the drafters of the CRPD to frame the right to life of all human beings. It further examines the wider meaning of the right to life and its application, and traces the interpretation given by the CRPD Committee in its concluding observations. In order to understand the micro-level application of the right, the chapter examines the interpretation and its application by domestic and regional courts. Finally, it explores the individual complaints made under the optional protocol and the consequent interpretation provided. This is done to define the jurisprudence surrounding the right to life and the required measures to strengthen and facilitate its wider application as envisaged under the Convention.


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