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Health and Human Rights

David Flood, Anita Chary, Alejandra Colom, Peter Rohloff
No abstract text is available yet for this article.
June 2018: Health and Human Rights
Stephen Wilmot
In this paper, I apply Kymlicka's theory of cultural rights to the health care of Canada's First Nations, within the framework of human rights and the rights of indigenous peoples, as formulated by the United Nations. I extend Kymlicka's concept of cultural rights into a specific right to culturally appropriate health care, and I consider how this right can be categorized. I also explore how far the Canadian state recognizes a right to health care in general and to culturally appropriate health care in particular; and whether it has instituted a statutory or constitutional right in these areas...
June 2018: Health and Human Rights
Melanie Edmunds
Australians with severe mental illness experience inequitably high rates of physical illness and shortened life expectancy compared to the general population. A social analysis of this phenomenon incorporating a precis of historical and contemporary public health approaches reveals persistent discrimination and entrenched social disadvantage influencing access to appropriate physical health care. People with severe mental illness in Australia are among the most vulnerable and marginalized populations in society, with fragmented and inadequate health and social services materially influencing their physical health status and longevity...
June 2018: Health and Human Rights
Claire Bowley, Ann-Mason Furmage, Kanchan Marcus, Stephanie D Short
Persons with disabilities are vulnerable to rights violations when accessing health care, including allied health care. However, the commitment of allied health professional education to disability rights has not been researched. This study is the first to investigate the extent to which disability rights principles are integrated into allied health competencies and education. Specifically, this paper explores the extent to which disability rights principles are integrated into the competencies and education of the six allied health professions taught by the University of Sydney's Faculty of Health Sciences...
June 2018: Health and Human Rights
Kolitha Wickramage, Lawrence O Gostin, Eric Friedman, Phusit Prakongsai, Rapeepong Suphanchaimat, Charles Hui, Patrick Duigan, Eliana Barragan, David R Harper
No abstract text is available yet for this article.
June 2018: Health and Human Rights
Brianne McGonigle Leyh, Marie Elske Gispen
Syria is currently experiencing the world's largest humanitarian crisis since World War II, and access to medicines for emergency care, pain control, and palliative care remains shockingly restricted in the country. Addressing the dire need for improved access to medicines in Syria from an international law compliance and accountability perspective, this article highlights four complementary legal frameworks: international human rights law, international drug control law, international humanitarian law, and international criminal law...
June 2018: Health and Human Rights
Judith Daire, Maren O Kloster, Katerini T Storeng
In July 2015, Malawi's Special Law Commission on the Review of the Law on Abortion released a draft Termination of Pregnancy bill. If approved by Parliament, it will liberalize Malawi's strict abortion law, expanding the grounds for safe abortion and representing an important step toward safer abortion in Malawi. Drawing on prospective policy analysis (2013-2017), we identify factors that helped generate political will to address unsafe abortion. Notably, we show that transnational influences and domestic advocacy converged to make unsafe abortion a political issue in Malawi and to make abortion law reform a possibility...
June 2018: Health and Human Rights
Emily Nagisa Keehn, Ariane Nevin
South Africa experiences the world's highest HIV burden and one of the highest burdens for tuberculosis (TB). People in prison are particularly vulnerable to these diseases. Globally, and internally in South Africa, increased attention is being paid to HIV and TB treatment and prevention in prisons, with the public health community arguing for reforms that improve respect for the human rights of incarcerated people, for example, by calling for the reduction of overcrowding and unnecessary incarceration. Despite the retributive rhetoric that is popular among politicians and the public, the constitution mandates and recognizes the right of people in prison to humane and dignified conditions of detention...
June 2018: Health and Human Rights
Hari S Iyer, Adanna Chukwuma, Jean Claude Mugunga, Anatole Manzi, Melino Ndayizigiye, Sudhir Anand
Strong primary health care systems are essential for implementing universal health coverage and fulfilling health rights entitlements, but disagreement exists over how best to create them. Comparing countries with similar histories, lifestyle practices, and geography but divergent health outcomes can yield insights into possible mechanisms for improvement. Rwanda and Burundi are two such countries. Both faced protracted periods of violence in the 1990s, leading to significant societal upheaval. In subsequent years, Rwanda's improvement in health has been far greater than Burundi's...
June 2018: Health and Human Rights
Laura Pautassi
This article analyzes how states are complying with their periodic reporting obligations under the Protocol of San Salvador (PSS) in one specific area: access to justice as a key component of the right to health. The sources of information for this analysis are seven reports submitted by the States parties, together with the observations and final recommendations made by the experts of the monitoring mechanism of the PSS. The reports are based on progress indicators, a group of indicators that the states must use to measure progress in compliance with its rights obligations...
June 2018: Health and Human Rights
Sofía Charvel, Fernanda Cobo, Silvana Larrea, Juliana Baglietto
Priority setting is the process through which a country's health system establishes the drugs, interventions, and treatments it will provide to its population. Our study evaluated the priority-setting legal instruments of Brazil, Costa Rica, Chile, and Mexico to determine the extent to which each reflected the following elements: transparency, relevance, review and revision, and oversight and supervision, according to Norman Daniels's accountability for reasonableness framework and Sarah Clark and Albert Wale's social values framework...
June 2018: Health and Human Rights
Regiane Garcia
Brazil has established a well-known constitutional right to health. Legal scholars have focused largely on one aspect of this right: the role of the courts in enforcing health care access. Less attention has been paid to another aspect: citizens' right to participate in health planning. Participation is a constituent component of Brazil's right to health that is intended to guarantee accountability and fair resource distribution for improved population health. In this paper, drawing on constitutional analysis and interviews carried out for my doctoral research, I discuss Brazil's national-level participatory body, the National Health Council, and its potential for fostering accountability and balancing individual and societal interests in health policy...
June 2018: Health and Human Rights
Danielle da Costa Leite Borges
This article investigates policy and bureaucracy changes provoked by individual litigation for health care rights in Brazil, especially the one regarding access to medicines, looking at the effects it produced in relation to health technology assessment (HTA) and health care governance. The article first contextualizes the social, legal, and political conditions for the development of individual litigation for health care rights in Brazil. Then it points out the changes brought about by this litigation model and discusses their potential to contribute to efficiency and fairness in the health care system by the improvement of the HTA decision-making process and health care governance...
June 2018: Health and Human Rights
Aquiles Ignacio Arrieta-Gómez
Colombia has made significant progress in the recognition and protection of the right to health. Using litigation-a structural element of the democratic Colombian design-many people have had to fight in order to enjoy effective access to health care. Such litigation has proven a pacific and democratic way to protect a constitutional principle: health as a fundamental and justiciable right. In 2008, in the wake of thousands of individual rulings on the right to health, Colombia's Constitutional Court issued a structural decision, T-760 of 2008, ordering government entities to identify flaws that made the country's health system outdated and inequitable and to take correctional measures...
June 2018: Health and Human Rights
Keith Syrett
Judicial readings of the right to health-and related rights-frequently possess something of an "all or nothing" quality, exhibiting either straightforward deference to allocative choices or conceptualizing the right as absolute, with consequent disruption to health systems, as witnessed in Latin America. This article seeks to identify pathways through which a normatively intermediate approach might be developed that would accord weight to rights claims without overlooking the scarcity of health resources...
June 2018: Health and Human Rights
Christopher Newdick
How should courts supervise health service resource allocation? Although practice varies widely, four broad approaches can be represented on a matrix comparing, on two axes, (a) individual-community rights and (b) substantive-procedural remedies. Examples from each compartment of the matrix are discussed and, although the community-procedural approach is recommended as a general rule, a range of other responses within the matrix may also be desirable.
June 2018: Health and Human Rights
Lucía Berro Pizzarossa, Katrina Perehudoff, José Castela Forte
Uruguay has witnessed an ever-increasing number of domestic court claims for high-priced medicines despite its comprehensive universal coverage of pharmaceuticals. In response to the current national debate and development of domestic legislation concerning high-priced medicines, we review whether Uruguayan courts adequately interpret the state's core obligations to provide essential medicines and ensure non-discriminatory access in line with the right to health in the International Covenant on Economic, Social and Cultural Rights...
June 2018: Health and Human Rights
Olman Rodríguez Loaiza, Sigrid Morales, Ole Frithjof Norheim, Bruce M Wilson
In response to the incremental creation of an expansive constitutional right to health in Costa Rica, the country's rights-friendly constitutional chamber of the Supreme Court (known as the Sala IV) unleashed a flood of litigation for medications, treatments, and other health care issues. This development was met by widespread criticism from within the health sector, which complained that the court's jurisprudence routinely elevated the right to health above financial considerations, thus posing a threat to the financial well-being of the state-run health care system...
June 2018: Health and Human Rights
Octávio Luiz Motta Ferraz
No abstract text is available yet for this article.
June 2018: Health and Human Rights
Arianne Shahvisi, Enguday Meskele, Gail Davey
Podoconiosis is a debilitating chronic swelling of the foot and lower leg caused by long-term exposure to irritant red volcanic clay soil in the highland regions of Africa, Central America, and India. In this paper, we consider the human rights violations that cause, and are caused by, podoconiosis in Ethiopia. Specifically, we discuss the way in which the right to an adequate basic standard of living is not met in endemic regions, where the following basic necessities are not readily available: appropriate footwear, health education, and affordable, accessible health care...
June 2018: Health and Human Rights
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