scholarly journals Legal Exploration of Right to Health

2021 ◽  
Vol 29 (S2) ◽  
Author(s):  
Tengku Noor Azira Tengku Zainudin ◽  
Mohd Zamre Mohd Zahir ◽  
Ahmad Azam Mohd Shariff ◽  
Ramalinggam Rajamanickam ◽  
Ong Tze Chin ◽  
...  
Keyword(s):  
Legal Status ◽  
World Health Organisation ◽  
Legal Framework ◽  
Right To Health ◽  
World Health ◽  
Health It ◽  
Physical And Mental Health ◽  
Human Right ◽  
The Right ◽  
Legal Mechanism

The right to health is recognised as a fundamental human right in the World Health Organisation (WHO) Constitution. In Malaysia, the enjoyment of the highest attainable standard of physical and mental health is a fundamental human right without discrimination for every human being. Consequently, the principle of the “right to health,” regardless of the legal status of an individual, is the driving force in creating acceptable standards of health care for all citizens. Even for individual who suffers from Covid-19, he still has a fundamental right to health. The issue of the right to health is whether the patients have any rights of their health? If they do have the right to health, the next issue is whether the hospitals are legally bound to follow such right, i.e. the right to health of the patients. Therefore, this paper aims to analyse and discuss the issues regarding the rights to health of the patients. Without the legal mechanism in recognising the right to health, it pointed out that is no such right. The method employed in this paper is qualitative based. The paper finds that although Malaysia does not have any specific legal framework about the right to health, the application of international legal mechanism can be referred to a guideline. Thus, it is important to have a specific legal framework by applying international legal mechanism in order to address this issue.

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).

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 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.

A Right to Health Care

2012 ◽  
Vol 40 (2) ◽  
pp. 268-285 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
Physical And Mental Health ◽  
Human Right ◽  
Economic Rights ◽  
Right To Health Care ◽  
The Right ◽  
International Conventions ◽  
Special Case

Do we have a legal and moral right to health care against others? There are international conventions and institutions that say emphatically yes, and they summarize this in the expression of “the right to health,” which is an established part of the international human rights canon. The International Covenant on Social and Economic Rights outlines this as “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health,” but declarations such as this remain tragically unfulfilled. According to recent figures, roughly two billion people lack access to essential drugs or to primary health care. Millions are afflicted by infections and illnesses that are easily avoidable or treatable. In the developing world many children die or grow stunted and damaged for lack of available treatments. Tropical diseases receive little or no attention by the major pharmaceutical companies’ research departments. Is this a massive violation of the right to health? And if so, why does it attract so little attention? Is it because our supposed commitment to human rights and the rule of law is hypocritical and hollow? Or is it because the right to health is a special case of a right, so that these tragedies are no violation at all? Jennifer Prah Ruger summarized this puzzle when she wrote: “one would be hard pressed to find a more controversial or nebulous human right than the right to health.” In this essay I discuss three different theories of a right to health care. I conclude by offering my own reconstruction of one such theory.

The Legal Framework for the Fight against Female Circumcision: From Cultural Indulgence to Human Rights Violations. The French Example

2019 ◽  
Vol 26 (2) ◽  
pp. 141-157
Author(s):  
Catherine Le Bris
Keyword(s):  
Human Rights ◽  
Western Europe ◽  
Female Circumcision ◽  
World Health Organisation ◽  
Legal Framework ◽  
World Health ◽  
General Assembly ◽  
Cultural Dimension ◽  
The Past ◽  
The Right

Abstract The harmful consequences of female circumcision for women’s health have been demonstrated and are regularly recalled by the World Health Organisation. Whereas in the past, the cultural dimension of the practice was emphasised, which result in impunity or absence of guilt, it is now considered by the United Nations as a violation of human rights, especially of the right to health. In 2012, the General Assembly asked States for a total ban on the practice. Despite the consensus on the punishability of female circumcision, its enforcement diverges, in particular in Western Europe. France is considered as a model in this area, that’s why this study focuses on it. Yet, under French law, there is no special legislation criminalising the practice: female circumcision is punishable on grounds of mutilation. However, the French success is not complete: the prevention of such acts could be improved.

scholarly journals FOOD SECURITY AS A GUARANTEE OF THE REALIZATION OF THE RIGHT TO HUMAN HEALTH

2021 ◽  
Vol 74 (11) ◽  
pp. 3072-3076
Author(s):  
Olena M. Batyhina ◽  
Bogdan V. Derevyanko ◽  
Tetiana V. Khailova
Keyword(s):  
Food Security ◽  
Human Health ◽  
Scientific Work ◽  
Legal Framework ◽  
Right To Health ◽  
Point Of View ◽  
Human Right ◽  
Fundamental Factor ◽  
The Individual ◽  
The Right

The aim: To investigate the theoretical and legal framework governing the relevant areas of food security, ensuring healthy, adequate and safe nutrition. To consider human rights to food security as a basis for health care, a basis for the realization of the right to health and life. Materials and methods: The study analyzes and uses the normative legal acts of national legislation, international acts, data from international organizations and the results of scientific work of scientists. With the help of scientific methods, medical and legal point of view, the problems of ensuring food security are identified as a guarantee of the realization of the right to human health. Сonclusions: Food security and nutrition are central to the individual and fundamental factor to the whole of society in respect of human right to health. An adequate level of food security must be ensured by individual governments and the international community through the development, approval or implementation of an appropriate regulatory framework, as well as through the establishment of a political and institutional framework.

Universal Access to Effective Antibiotics is Essential for Tackling Antibiotic Resistance

2015 ◽  
Vol 43 (S3) ◽  
pp. 17-21 ◽  
Author(s):  
Nils Daulaire ◽  
Abhay Bang ◽  
Göran Tomson ◽  
Joan N. Kalyango ◽  
Otto Cars
Keyword(s):  
Universal Access ◽  
International Agreements ◽  
Right To Health ◽  
World Health ◽  
Health It ◽  
Middle Income ◽  
Middle Income Countries ◽  
The World ◽  
Health Organization ◽  
The Right

The right to health is enshrined in the constitution of the World Health Organization and numerous other international agreements. Yet today, an estimated 5.7 million people die each year (Table 1) from treatable infectious diseases, most of which are susceptible to existing antimicrobials if they were accessible. These deaths occur predominantly among populations living in poverty in low- and middle-income countries, and they greatly exceed the estimated 700,000 annual deaths worldwide currently attributed to antimicrobial resistance (AMR). Ensuring universal appropriate access to antimicrobials is not only a critical part of realizing the right to health, it is necessary for mobilizing effective collective action against the development and spread of AMR.

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

scholarly journals The International Right To Highest Attainable Standard Of Physical And Mental Health: Evaluating Obligations Of Lithuania In Cases Of Violence Against Women

2016 ◽  
Vol 12 (23) ◽  
pp. 34
Author(s):  
Laima Vaige
Keyword(s):  
Mental Health ◽  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Legal Framework ◽  
Right To Health ◽  
The State ◽  
Physical And Mental Health ◽  
The Right

The paper explores the role of the international right to the highest attainable standard of physical and mental health in the development of the legal framework in Lithuania to address violence against women. The right to the highest attainable standard of physical and mental health is entrenched under various international legal instruments. These have been ratified by Lithuania which, in 2011, also adopted a Law for the protection against domestic violence. Violence against women, including domestic violence, is undoubtedly a violation of the right to health; therefore the Lithuanian context provides an opportunity to evaluate the duties of the state in this regard more precisely. Indicators on human rights measurement have been instrumental in this evaluation.

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