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Oxford Law Citator
Contents
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Preliminary Material
Dedication
Contents
Contributors
Foreword
Preface
Main Text
Introduction: Global Health and Human Rights
I Global Health Is Public Health
A From Medical Care to Public Health
B From International Health to Global Health
II Human Rights as a Basis of Global Health
A Framing Justice through Human Rights
B Developing Health-Related Human Rights to Support Public Health
C Implementing Human Rights in Public Health Policy and Practice
III A Field Is Born
IV Structure of This Volume
s.I Norms and Principles
s.II Implementation and Accountability
s.III Contemporary Applications
s.IV New Challenges
Conclusion
Acknowledgments
References
s.One Norms and Principles
1 The Birth and Development of Human Rights for Health
I The Idea of Human Rights Is Born
A Natural Rights Limit the Absolute Sovereign
B The 1848 Revolutions and Expansion of Universal Equality
Case Study: Social Medicine Foundations of Public Health and Human Rights
C International Governance and Anti-Colonial Movements to Advance Global Equality
II The Shift Toward Human Rights Under International Law
A Charter of the United Nations
B Constitution of the World Health Organization
C Nuremberg Code
Case Study: Nuremberg: Health Workers as Agents of Harm
D Universal Declaration of Human Rights
III The Quiet Pioneer: Assessing the Universal Declaration of Human Rights
A Bringing the World Together under a Universal and Comprehensive Vision
B A “Mere” Declaration Faces Obstacles
Case Study: The “Universality” of Human Rights and Cultural Relativism
Conclusion
Questions for Consideration
Acknowledgments
References
2 Global Health Law: Legal Foundations for Social Justice in Public Health
I Human Rights Law as a Basis for Public Health
A International Legal Foundations
B International Human Rights Law
C The Complementarity of Human Rights Law and Social Justice
Case Study: Convention Relating to the Status of Refugees
II The Evolution of Human Rights Law to Advance Global Health
A From a Universal Declaration to Dueling Covenants
B The Codification of a Right to Health under Economic, Social, and Cultural Rights
Case Study: The Principle of Progressive Realization
C Interconnected Human Rights for Public Health
III From International Law to Global Health Law
A Advancing Human Rights through Global Health Law
B Global Health Law as a Foundation for Health in All Policies
C Global Health Law to Assure Good Governance
1 Non-discrimination and Equality
2 Inclusive Participation and Deliberation
3 Accountable and Transparent Governance
4 Honest and Efficient Government
Case Study: A Framework Convention on Global Health
Conclusion
Questions for Consideration
Acknowledgments
References
3 The Right to Health and Health-Related Human Rights
I Establishing the Scope of the Right to Health in General Comment 14
A The Meaning of Health
B Tension Between Individual Autonomy and Public Health
Case Study: Smoking Bans in Public Spaces
C The 3AQ Model: Availability, Accessibility, Acceptability, and Quality
II The Obligations of States to Realize the Right to Health
A The Tripartite Typology of Obligations
Case Study: The Special Rapporteur on the Right to Health and the Expanding Purview of the Right to Health
B The Obligation to Adopt Specific and Appropriate Measures
C The Obligation of Progressive Realization
1 Obligation to Adopt Expeditious Measures
2 Minimum Core Obligations
3 Obligations of International Cooperation and Assistance
III The Right to Health and Neglected Commercial and Legal Determinants of Health
A Commercial Determinants: Privatization of Healthcare Services
Case Study: The Right to Health as a Foundation for Universal Health Coverage
B Legal Determinants: Illicit Drugs and Harm Reduction
Conclusion
Questions for Consideration
Acknowledgments
References
4 The Rights-Based Approach to Health
I From a Rights-Based Approach to Development to a Rights-Based Approach to Health
A Defining the Rights-Based Approach to Health
Case Study: Jonathan Mann, the WHO Global Programme on AIDS, and the Birth of a Rights-Based Approach to Health
B Mainstreaming the Rights-Based Approach
C Moving the Rights-Based Approach to Health from Rhetoric to Action
II Health in the Broader Picture: Cross-Cutting Principles of Human Rights
A Participation
Case Study: Participation of Young People in Health Policymaking
B Equality and Non-discrimination
C Transparency
D Accountability
III Making It Happen: Key Challenges for the Future
A Evidence of Impact
Case Study: The Public Health Impact of the Rights-Based Approach
B Ensuring an Adequate Investment
C Responsibility of Nonstate Actors
D Making Better Use of Existing Human Rights Institutions
E Extending the Rights-Based Approach to Health under the SDGs
Conclusion
Questions for Consideration
Acknowledgments
References
s.Two Implementation and Accountability
5 Translating International Law into Domestic Law, Policy, and Practice
I Evolving Obligations and Approaches to Domestic Implementation of Human Rights
A International Obligations to Implement Human Rights
B Domestic Approaches to Human Rights Implementation
1 Human Rights Education
2 Policymaking
Case Study: Human Rights Impact Assessment of Obstetric Care for Undocumented Pregnant Women
3 Judicial and Quasi-judicial Remedies
4 Engagement with the International Human Rights System
II State Actors and Mechanisms for the Implementation of Health-Related Human Rights
A National Level Government Actors and Mechanisms
Case Study: Policy Reforms Following the 2010 Constitution of Kenya
B Subnational Level Government Actors and Mechanisms
C Government Engagement with International Level Actors and Mechanisms
III The Role of Nongovernmental Organizations in Human Rights Implementation
A Theories of NGO Influence
B NGO Practice in Support of Human Rights Implementation
1 Human Rights Education
2 Policymaking
Case Study: Vermont Workers Center “Health Care Is a Human Right” Campaign
3 Judicial and Quasi-judicial Proceedings
4 Engagement with the International Human Rights System
Conclusion
Questions for Consideration
References
6 Human Rights Advocacy in Global Health
I Health and Human Rights Advocacy: From HIV to a Broader Focus
A Slow Recognition of HIV as a Human Rights Crisis
B The AIDS Response Galvanizes Human Rights Advocacy
Case Study: Amnesty International’s Broadening Scope
C Advocacy to Advance Health-Related Human Rights More Broadly
II Human Rights Advocacy Strategies
A Documenting Abuses and Raising Awareness
1 Documentation
2 Awareness
Case Study: Raising Awareness of Human Rights Violations in Drug Dependency Treatment
B Building Coalitions and Engaging Communities
C Reforming Law, Policy, and Practice
1 Strengthening Constitutional Protections
2 Reforming Laws and Policies
3 Changing Harmful Practices
III New Partnerships, Diversifying Strategies, and Evaluating Advocacy
A Developing New Partnerships
B Diversifying Advocacy Strategies
C Evaluating Human Rights Advocacy
Case Study: Evaluating Advocacy Efforts to Increase Access to Palliative Care
Conclusion
Questions for Consideration
Acknowledgments
References
7 Monitoring and Review to Assess Human Rights Implementation
I Evolving Efforts to Monitor Human Rights Implementation
A Accountability through Monitoring and Review Procedures
B The Importance of Monitoring and Review for Progressive Realization
C The Establishment of Monitoring and Review Mechanisms
Case Study: Monitoring and Review through the UN Committee on Economic, Social and Cultural Rights
II An Ecosystem of Human Rights Monitoring and Review
A National
B Regional
C International
1 Human Rights Treaty Bodies
2 Special Procedures
3 Universal Periodic Review
Case Study: Monitoring the Right to Health in UPR Recommendations
III Public Health Data as a Basis for Human Rights Monitoring and Review
A Developing Human Rights Indicators
B Supporting Human Rights Monitoring under the SDGs
C Institutionalizing Human Rights Monitoring through Global Health Governance
Case Study: UN Monitoring and Review of Women’s and Children’s Health
Conclusion
Questions for Consideration
Acknowledgments
References
8 Justiciability of Human Rights for Health
I The Origins of Health-Related Human Rights Claims
A A Cold War Freeze on Litigating Health-Related Human Rights
B The HIV/AIDS Crisis as a Catalyst to Litigation
Case Study: Minister of Health v. Treatment Action Campaign, 2002
C The Expansion of Jurisprudence
II The Varied Paths of Health-Related Human Rights Litigation
A Right to Health
Case Study: IACHR and Regional Tobacco Jurisprudence
B Reinterpreting Civil and Political Rights
C Equality and Freedom from Discrimination
III Debates over the Judicialization of Health-Related Human Rights
A Individualized Claims and Access to Justice
Case Study: Brazil’s Experience with Individualized Health Rights Litigation
B Separation of Powers Concerns
C Institutional Competence of the Courts
Conclusion
Questions for Consideration
Acknowledgements
References
9 Advancing Human Rights through Global Health Governance
I The Rise of Human Rights in Global Health Governance
A International Governance for Public Health
B From International Health Governance to Global Health Governance
Case Study: UNICEF Reframes its Mission to Reflect the Convention on the Rights of the Child
II Mainstreaming Human Rights in Global Health Governance
A An Imperative for Human Rights Mainstreaming
B The World Health Organization Mainstreams Human Rights for Global Health
Case Study: WHO Develops Criteria to Assess Human Rights Mainstreaming
III Harmonizing Rights-Based Approaches in Global Governance for Public Health
A Human Rights as a Basis for Global Governance
B Human Rights Mainstreaming in Global Governance for Public Health
Case Study: The SDGs Reshape Human Rights Mainstreaming
Conclusion
Questions for Consideration
Acknowledgments
References
s.Three Contemporary Applications
10 Communicable Diseases, Health Security, and Human Rights: From AIDS to Ebola
I AIDS Exceptionalism and the Emergence of a Rights-Based Approach to HIV
A Human Rights Violations in the AIDS Response
Case Study: Quarantine and Isolation as a Human Rights Violation
B WHO Embraces Human Rights in the AIDS Response
C Human Rights and Global Inequity: Financing Access to Essential Medicines
II From Access to Medicines to Global Communicable Disease Governance
A Establishing a Human Rights Consensus on Access to Essential Medicines
Case Study: The Global Fund Mainstreams Human Rights
B Extending Human Rights beyond HIV: The Struggle against Tuberculosis
C Developing a Rights-Based Approach to Infectious Disease Governance
III Securitizing Infectious Disease Control
A The Threat to Human Rights
B Responding to Securitization to Realize Human Rights
Case Study: The Global Health Security Agenda
C Human Rights and the Emerging Threat of Antimicrobial Resistance
Conclusion
Questions for Consideration
Acknowledgments
References
11 Human Rights and Non-Communicable Diseases: Controlling Tobacco and Promoting Healthy Diets
I The Increasing Global Health Challenge of the NCD Pandemic and the Evolving Global Health Policy Response
A The Global Rise of NCDs
B The International Community Responds
Case Study: The Framework Convention on Tobacco Control
C Bringing Human Rights into NCD Policy
II Human Rights and NCDs: Framing Norms to Respond to Commercial Interests
A Implementing and Monitoring Human Rights in the NCD Response
B Corporations Co-Opting Human Rights to Undercut Regulation
Case Study: Freedom of Association, Civil Society Support, and Rights-Based NCD Policy
C Industry Accountability for Human Rights
III Emerging Efforts to Develop Rights-Based Policies to Respond to NCDs
A New Sources of International Law
1 New Treaties
2 Human Rights Soft Law
B New Rights-Holders Vulnerable to NCDs
C New Efforts to Regulate Alcohol
D International Trade and Global Health
Case Study: Turkey Tails in Samoa
Conclusion
Questions for Consideration
Acknowledgments
References
12 The Emergence of “New” Health-Related Human Rights: Recognizing the Human Rights to Water and Sanitation
I Establishing the Human Rights to Water and Sanitation
A Conceptualizing a Human Right
B Defining a Human Right
C Recognizing the Human Rights
Case Study: Sanitation and Hygiene—Central to Dignity, Neglected by Human Rights
II Implementing “New” Human Rights for Public Health
A National Implementation of Policies on Water, Sanitation, and Hygiene
1 Legislative, Policy, and Regulatory Frameworks
2 Financing and Budgeting
Case Study: Advocating for the Affordability of Water and Sanitation in the United States
3 Service Provision
B International Organizations in Global Water Governance
III Accountability for Water, Sanitation, and Hygiene
A Human Rights Advocacy
B National Litigation
C Monitoring Water and Sanitation Outcomes
Case Study: Monitoring through the JMP
Conclusion
Questions for Consideration
Acknowledgments
References
13 Chronic Illness: Disability and Mental Health
I The Emergence of Laws to Challenge Segregation, Isolation, and Inequality
A The Rise of Institutionalization
B The Nazi Attack on People with Disabilities
C The Evolution of International Standards
D Addressing Disability through Equality
Case Study: Early European Jurisprudence on Mental Health
II A Global Human Rights Framework for People with Disabilities
A Development of the CRPD
B Obligations of the CRPD
1 Legal Capacity
2 The Right to Health
3 Living Independently and Being Included in the Community
C Implementation and Enforcement of the CRPD
Case Study: Mental Health Law Reforms in India
III The Challenge of CRPD Implementation
A Finding Space for Disability in Policymaking
1 Limited Financial and Human Resources
2 Limited Appreciation of the Multi-Sectoral Challenges
B Developing Services That Realize Human Rights
1 Lack of International Programming Models
Case Study: WHO QualityRights Initiative
2 Human Rights Ambivalence among Medical Professionals
Conclusion
Questions for Consideration
Acknowledgments
References
14 Equity in Health: Sexual and Reproductive Health and Rights
I Evolution of Women’s Sexual and Reproductive Health and Rights
A Convention on the Elimination of All Forms of Discrimination against Women
B Vienna Declaration and Programme of Action
C Cairo International Conference on Population and Development
D Beijing Conference on Women
Case Study: The Battle over Sexual Rights and Sexual Orientation in Beijing
II The Sustainable Development Era, Human Rights Implementation, and Sexual and Reproductive Health and Rights
A Incorporating SRHR under the Sustainable Development Goals
B Human Rights Treaty Bodies Elucidate the Content of SRHR
C Broadening the Scope of Gender and Sexuality Protections
Case Study: Applying the Yogyakarta Principles in National Litigation
III Future Challenges and Opportunities in Realizing Sexual and Reproductive Health Rights
A Criminalization of Sexual and Reproductive Health
B Right-Wing Populism
Case Study: The Global Gag Rule in Madagascar
C Regression in LGBT Rights
Conclusion
Questions for Consideration
Acknowledgments
References
s.Four New Challenges
15 Health and Human Rights through Development: The Right to Development, Rights-Based Approach to Development, and Sustainable Development Goals
I The Evolving Theory and Practice of Human Rights in Development
A Emergence of Human-Centered Development
B The Right to Development
Case Study: A Short-Lived Fresh Start for the Right to Development
C The Millennium Development Goals
II Using the SDGs, the Right to Development, and Development Cooperation to Advance Health and Human Rights
A Health and Human Rights in the SDGs
B The Potential of the Right to Development for Public Health
C Health and Human Rights in Development Cooperation
1 Bilateral Development Cooperation
2 Multilateral Development Cooperation
Case Study: Human Rights Face Challenges in the World Bank
III Continuing Resistance to Introducing Human Rights into Development
A “Political Theater” of the Right to Development
B Rights-Based Indicators of Sustainable Development
Case Study: Human Rights-Based Criteria for SDG Indicator Selection
C The Rise of Populist Nationalism
Conclusion
Questions for Consideration
Acknowledgments
References
16 International Trade, Public Health, and Human Rights
I The Conflict and Connection between International Trade, Public Health, and Human Rights
A Intrinsic Values behind Health, Human Rights, and Trade
Case Study: The Creation of the TRIPS Agreement and Its Impact on Public Health
B The Rising Interaction across Health, Human Rights, and Trade
II Bringing Together International Trade, Public Health, and Human Rights
A Competition of Jurisdictions
B Regulatory Autonomy of States
Case Study: Australia Regulates Plain Packaging to Protect Public Health
C Pharmaceutical Patents, Access to Medicines, and the TRIPS Agreement
D Privatization of Medical Services
III Resolving International Trade and Public Health Tensions through Human Rights
A Access to Medicine and TRIPS-Plus Agreements
B Navigating Human Rights in International Trade and Public Health Complexes
C Negotiating Human Rights in Free Trade Agreements
Case Study: International Trade Agreements and Tobacco Control
Conclusion
Questions for Consideration
Acknowledgments
References
17 Health and Human Rights in Conflict and Emergencies
I An Evolving Imperative for Humanitarian Aid
A The Development of International Humanitarian Law amidst Complex Humanitarian Emergencies
B The Rise of Humanitarian Institutions
C Public Health and Human Rights in Emergencies
Case Study: Setting Standards for Humanitarian Assistance: The Sphere Standards
II Humanitarian Standards and Governance Systems in the Emergency Response
A Protecting Health and Human Rights in Emergencies
1 Health Threats in Complex Emergencies
Case Study: Responding to Gender-Based Violence in Emergencies
2 Human Rights Concerns in Complex Emergencies
3 Refugees and Internally Displaced Persons
B Coordinating the Humanitarian Response through Global Governance
III Emerging Challenges for Increasingly Complex Humanitarian Emergencies
A Modern Conflict and Urban Refugees
B The Humanitarian-Development Nexus
Case Study: CARE’s Approach to Applying the Nexus Using Rights-Based Approaches
C Bridging Human Rights Law and International Humanitarian Law
Conclusion
Questions for Consideration
Acknowledgments
References
18 Human Subjects in Globalized Health Research
I Research Ethics: From the Nuremberg Code to the Globalization of the Clinical Trial Enterprise
A Horrific Experiments Give Birth to Ethical Standards
Case Study: The Tuskegee Syphilis Study
B Applying Ethical Standards to Globalized Research
II The Role of Human Rights Law in Research Ethics
A Codifying Research Ethics Principles through Human Rights
Case Study: Human Rights Principles and Corporate Social Responsibility
B Defining Rights-Based Criteria for Clinical Research
1 Autonomy
2 Beneficence/Non-maleficence
3 Justice
III Challenges Facing Human Rights in Clinical Trials
A Implementing International Human Rights in National Policy and Research Practice
Case Study: Protecting Local Populations while Promoting Scientific Research under Indian Law
B Derogation in Time of Emergency
Conclusion
Questions for Consideration
Acknowledgments
References
19 The Environment, a Changing Climate, and Planetary Health
I Humanity and Environment: The Anthropocene
A The Environment and Earth’s Changing Climate
B Humanity’s Response to Global Environmental Challenges
1 The Birth of a Right to a Healthy Environment
2 The Slow Recognition of Human Rights and Health in International Climate Law
Case Study: The Fight for Global Health and Human Rights in the Paris Agreement
II A Global Health and Human Rights Threat: Responding to Climate Change through Mitigation and Adaptation
A The Human Rights Threat of Climate Change
1 Rising Temperatures and Extreme Weather
2 Air Quality
Case Study: The Right to Clean Air—Household Air Pollution
3 Infectious Diseases
4 Food
5 Water and Sanitation
B The Human Rights Foundation for the Climate Change Response
1 Climate Change Mitigation
2 All Systems Adaptation
III Bringing Together Global Health, Human Rights, and the Environment
A Environmental and Climate Litigation Involving Human Rights Violations
B The Critical Role of Technology Transfer in Alleviating Human Suffering
Case Study: Moving Out of the Box—The Right to Enjoy the Benefits of Scientific Progress and Its Applications
C A Right to Planetary Health
Conclusion
Questions for Consideration
Acknowledgments
References
20 Global Health and Human Rights in the Age of Populism
I Globalization, Fundamentalism, and the Rise of Populism
A Globalization and the Rise of Cosmopolitanism
B Populism as a Threat to the Cosmopolitan Vision
Case Study: Health on the Move: Health and Human Rights for Migrants and Refugees in Europe
II Populism as a Disruptive Change to Human Rights in Global Health
A Retrenchment from Global Norms: Rejection of International Human Rights Law
B Looking Inward: From Nationalism to Isolationism in Global Health
Case Study: The Right-Wing Populist Threat to Global Health Governance
III Hope for the Future: Strength in Institutions
A Human Rights Are Central to the Future
B Looking Beyond Populist Governments
Case Study: Human Rights Provide Protections Against Populist Forces
Conclusion
Questions for Consideration
Acknowledgments
References
Further Material
Afterword
Index
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Contributors
Lawrence O. Gostin, Benjamin Mason Meier
From:
Foundations of Global Health & Human Rights
Edited By: Lawrence O. Gostin, Benjamin Mason Meier
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
09 July 2020
ISBN:
9780197528297
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