scholarly journals ENSURING THE RIGHT TO HEALTH OF STAFF OF THE UNITED NATIONS

2020 ◽  
Vol 73 (9) ◽  
pp. 2044-2048
Author(s):  
Tetiana L. Syroid ◽  
Lina O. Fomina ◽  
Oleksandr A. Havrylenko

The aim: Of the study is to characterize the internal acts of the United Nations on the regulation of the right to health of its staff. Materials and methods: Achieving the purpose of the study is ensured due to the analysis of internal acts of the United Nations, doctrinal sources on the issue selected. The methodological basis is a number of special and general methods. Conclusions: The right to health guaranteed by the International Bill of Human Rights is comprehensive and closely linked to labour human rights. International civil servants of the UN system are not exempt. Thus, within the United Nations, a number of acts have been developed, the provisions of which set out recommendations aimed at reducing possible cases of infection of workers, maintaining their mental health while on quarantine, informing staff about their actions in case of illness, testing workers, etc. However, these acts need to be improved.

Author(s):  
Gillian MacNaughton ◽  
Mariah McGill

For over two decades, the Office of the UN High Commissioner for Human Rights (OHCHR) has taken a leading role in promoting human rights globally by building the capacity of people to claim their rights and governments to fulfill their obligations. This chapter examines the extent to which the right to health has evolved in the work of the OHCHR since 1994, drawing on archival records of OHCHR publications and initiatives, as well as interviews with OHCHR staff and external experts on the right to health. Analyzing this history, the chapter then points to factors that have facilitated or inhibited the mainstreaming of the right to health within the OHCHR, including (1) an increasing acceptance of economic and social rights as real human rights, (2) right-to-health champions among the leadership, (3) limited capacity and resources, and (4) challenges in moving beyond conceptualization to implementation of the right to health.


2018 ◽  
Vol 63 (12) ◽  
pp. 809-812
Author(s):  
Mathieu Dufour ◽  
Thomas Hastings ◽  
Richard O’Reilly

The United Nations adopted the Convention on the Rights of Persons with Disabilities (CRPD) in 2006. When Canada ratified the CRPD, it reserved the right to continue using substitute decision making schemes even if the CRPD was ‘interpreted as requiring their elimination’. This was a prescient decision because the CRPD Committee, which is tasked with overseeing the interpretation and implementation of the CRPD, subsequently opined that all legislation supporting substitute decision making schemes contravene the CRPD and must be revoked. The CRPD Committee insists that every person can make decisions with sufficient support and that if a person lacks capacity to make a decision, we must rely on their ‘will and preferences’. Many international legal scholars have called this interpretation unrealistic. We agree and, in this article, describe how this unrealistic approach would result in extensive harm and suffering for people with severe cognitive or psychotic disorders. The reader should also be aware that the CRPD Committee also calls for the elimination of all mental health acts and the United Nations Commissioner for Human Rights for the abandonment of the not criminally responsible (NCR) defence.


Author(s):  
Robert Palmer ◽  
Damien Short ◽  
Walter Auch

Access to water, in sufficient quantities and of sufficient quality is vital for human health. The United Nations Committee on Economic, Social and Cultural Rights (in General Comment 15, drafted 2002) argued that access to water was a condition for the enjoyment of the right to an adequate standard of living, inextricably related to the right to the highest attainable standard of health, and thus a human right. On 28 July 2010 the United Nations General Assembly declared safe and clean drinking water and sanitation a human right essential to the full enjoyment of life and all other human rights. This paper charts the international legal development of the right to water and its relevance to discussions surrounding the growth of unconventional energy and its heavy reliance on water. We consider key data from the country with arguably the most mature and extensive industry, the USA, and highlight the implications for water usage and water rights. We conclude that, given the weight of testimony of local people from our research, along with data from scientific literature, non-governmental organization (NGO) and other policy reports, that the right to water for residents living near fracking sites is likely to be severely curtailed. Even so, from the data presented here, we argue that the major issue regarding water use is the shifting of the resource from society to industry and the demonstrable lack of supply-side price signal that would demand that the industry reduce or stabilize its water demand per unit of energy produced. Thus, in the US context alone, there is considerable evidence that the human right to water will be seriously undermined by the growth of the unconventional oil and gas industry, and given its spread around the globe this could soon become a global human rights issue.


Author(s):  
Paul A. Rodgers

The United Nations Universal Declaration of Human Rights is widely acknowledged as a landmark document in the history of human rights. Drafted by representatives from all over the world, the declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard for all peoples and all nations. The declaration sets out a series of articles that articulate a number of fundamental human rights to be universally protected. Article 23 of the declaration relates to the right to work and states that people have a human right to work, or engage in productive employment, and may not be prevented from doing so. The right to work is enshrined in international human rights law through its inclusion in the International Covenant on Economic, Social and Cultural Rights, where the right to work emphasizes economic, social and cultural development. This paper presents ongoing research that highlights how a disruptive co-design approach contributes to upholding UN Article 23 through the creation of a series of innovative working practices developed with people living with dementia. The research, undertaken in collaboration with several voluntary and third sector organizations in the UK, looks to break the cycle of prevailing opinions, traditional mindsets, and ways-of-doing that tend to remain uncontested in the health and social care of people living with dementia. As a result, this research has produced a series of innovative work opportunities for people living with dementia and their formal and informal carers that change the perception of dementia by showing that people living with dementia are capable of designing and making desirable products and offering much to UK society after diagnosis. In this ongoing research, the right to continue to work for people living with dementia post-diagnosis in creative and innovative ways has clearly helped to reconnect them to other people, helped build their self-esteem, identity and dignity and helped keep the person with dementia connected to their community, thus delaying the need for crisis interventions. This paper reports on a series of future work initiatives for people living with dementia where we have used design as a disruptive force for good to ensure that anyone diagnosed with dementia can exercise their right to work and engage in productive and rewarding employment.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lee Edson P. Yarcia ◽  
Jan Michael Alexandre C. Bernadas

Purpose This paper aims to examine key obligations of states to persons deprived of liberty (PDLs) under the right to health framework in the context of COVID-19. As a case study, it also describes the state of health in places of detention in the Philippines during the pandemic, with an end view of providing granular recommendations for prison policy reforms. Design/methodology/approach Relevant rules under international human rights law related to places of detention were thematically analyzed to articulate the scope of the right to health of PDLs. To describe the state of places of detention in the Philippines, this paper relied on archival research of news from selected local mainstream and specialized media. Findings The right to health framework provides a foundation for the response to COVID-19 in places of detention. Key concerns include increase in the number of infections, vulnerabilities in physical and mental health, and the spread of infection among correctional staff. Long-standing structural constraints and limited health information compound the threat of COVID-19. The Philippines must comply with its human rights obligations to PDLs to effectively address COVID-19-related concerns. Practical implications Policy reforms in Philippine places of detention must include application of community standards on physical and mental health, implementation of emergency release and application of non-custodial measures for long-term prison decongestion. Originality/value This is one of the few papers to analyze human rights in health care in places of detention during a pandemic, as nuanced in the context of the Philippines.


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.


2018 ◽  
Vol 16 (03) ◽  
pp. 68-70
Author(s):  
J. Maphisa Maphisa

The Mental Disorders Act of 1969 is the primary legislation relating to mental health in Botswana. Despite the country not being a signatory to the United Nations Convention on the Rights of Persons with Disabilities, its Act has a self-rated score of four out of five on compliance to human rights covenants. However, it can be argued that the Act does not adequately espouse a human rights- and patient-centred approach to legislation. It is hoped that ongoing efforts to revise the Act will address the limitations discussed in this article.


Worldview ◽  
1980 ◽  
Vol 23 (1-2) ◽  
pp. 36-39
Author(s):  
Kesang Tseten

AbstractIt has been twenty years since the Tibetan uprising. Last March, Tibetans and their American supporters rallied outside the United Nations building to commemorate that uprising against Chinese troops occupying the Tibetan homeland.Roger Baldwin, founder of the American Civil Liberties Union and honorary president of the International League for Human Rights, was there calling for support of resolutions passed three times by the U.S. General Assembly, in 1959, 1961, and 1965. The U.S. called “for respect for the fundamental human rights of the Tibetan people and for their right to self-determination.” The rally, Baldwin said, was to protest the “subjection of six million people to foreign rule” and to uphold “the right to live in your own house.” The nonagenarian champion of civil liberties expressed some hope: “It may be that autonomy, semi-independence in Tibet, may be granted when China settles down into the modernization it seeks.”


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