Global health law and obesity: towards a complementary approach of public health and human rights law

Author(s):  
Katharina Ó Cathaoir
2021 ◽  
Vol 49 (2) ◽  
pp. 328-331
Author(s):  
Judith Bueno de Mesquita ◽  
Anuj Kapilashrami ◽  
Benjamin Mason Meier

AbstractWhile human rights law has evolved to provide guidance to governments in realizing human rights in public health emergencies, the COVID-19 pandemic has challenged the foundations of human rights in global health governance. Public health responses to the pandemic have undermined international human rights obligations to realize (1) the rights to health and life, (2) human rights that underlie public health, and (3) international assistance and cooperation. As governments prepare for revisions of global health law, new opportunities are presented to harmonize global health law and human rights law, strengthening rights-based governance to respond to future threats.


2014 ◽  
Vol 21 (4) ◽  
pp. 365-386 ◽  
Author(s):  
Mette Hartlev

The right to health is recognised in human rights law and is also part of the catalogue of patients’ rights. It imposes a duty on governments to put in place a system of health protection making it possible for individuals to enjoy the highest attainable standard of health. However, disease patterns are constantly changing, and more and more attention is being paid to so-called lifestyle diseases. Individuals may expose themselves to health threats due to personal choices like eating and smoking habits, and this raises the issue of the individual’s obligation with regard to ill health. Hence, is there not only a right to health but also a duty to be healthy? Using obesity as an example, and based on a cross-disciplinary research project, the article analyses selected European and national public health policy papers to see how individual rights and duties are framed and to analyse the use of stigmatisation as a public-health strategy from a health and human rights perspective.


The Lancet ◽  
2000 ◽  
Vol 356 (9243) ◽  
pp. 1764 ◽  
Author(s):  
Bebe Loff ◽  
Beth Gaze ◽  
Christopher Fairley

Author(s):  
Gostin Lawrence O ◽  
Sirleaf Matiangai V S ◽  
Friedman Eric A

This chapter provides an understanding of the legal foundations of human rights, examining human rights under international law as a basis for social justice in public health. International human rights law has codified the rights first enumerated in the Universal Declaration of Human Rights (UDHR), evolving through the politics of the Cold War to develop the International Covenant on Economic, Social and Cultural Rights (ICESCR). This seminal covenant and the international treaties that derived from it have framed the legal foundations of the human right to health and the evolution of health-related human rights. Yet, where challenges remain in responding to the health needs of a globalizing world, scholars and advocates have looked to a shift from international health law to global health law, facilitating collaboration between state and nonstate actors in an expanding global health policy landscape.


Author(s):  
Benjamin Mason Meier ◽  
Lawrence O. Gostin

This chapter frames the implementation of human rights law through global health governance. Global governance institutions have sought to translate human rights into public policy, shifting from the development of health-related rights under international law to the implementation of these normative standards in global policies, programs, and practices. This shift toward an “era of implementation” across an expanding global health governance landscape looks beyond the traditional “human rights system” in implementing human rights for global health. Analyzing human rights as part of global health law, this chapter examines how human rights have become a framework for global governance, with institutions of global health governance seeking to “mainstream” human rights across all organizational actions. This chapter concludes that there is a need for institutional analysis to compare organizational approaches conducive to the implementation of health-related human rights.


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