The Right to Health and Medicines: The Case of Recent Multilateral Negotiations on Public Health, Innovation and Intellectual Property

2014 ◽  
Vol 14 (2) ◽  
pp. 67-74 ◽  
Author(s):  
German Velasquez
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
M Magnusson ◽  
I-Z Jama

Abstract The Right to health framework supports available, accessible and acceptable health care of high quality for all (AAAQ). Health of migrants often worsen in the new country. AAAQ may be hindered by poverty, discrimination, health cares' shortcomings and misunderstandings, respectively. Advocating for marginalised groups' Right to health include action. Interventions based on shared influence, participation and control need to be launched. Cultural mediators (CM), i.e. persons that are knowledgeable in both cultures and with networks in migrant groups help overcome lingual problems, lack of trust and uneven power relations. This resource needs to be further examined. How can a CM strengthen AAAQ in a public health setting? Women with Somalian origin living in an underserved neighborhood in Sweden contacted the Public Health Unit of a local hospital, asking for support for a health focused group-activity. Weight loss after delivery was a primary concern. Women gathered monthly 2018-19. The objective was to support healthy life style habits drawing on issues raised by the women. The intervention was conducted by group talks, led by the CM and a public health planner. Methods were based on Social Cognitive Theory focusing on self-efficacy. The CM recruited women, helped them to find the venue, encouraged them to trust the public health planner and broadened perspectives to include female genital mutilation, children's food, how to seek care and workforce issues. Trust developed over time. 70 women participated. Reported gains were raised awareness of ones' rights, increased self-efficacy in relation to food, physical activity and how to support children to a healthy life style. Support for a healthy lifestyle was made more available, accessible and acceptable by the cooperation with the CM, as was the quality of the support. A CM bridges distances regarding spoken language, trust and cultural understanding. S/he puts forward perspectives and needs from the group in question Key messages The Right to health framework highlights areas that need to be in focus when advocating for health equity. Health care workers in settings with many migrants should strive to include cultural mediators in planning, execution and evaluation of interventions.


2016 ◽  
Vol 24 (0) ◽  
Author(s):  
Asa Ebba Cristina Laurell

Objectives: This article analyzes the content and outcome of ongoing health reforms in Latin America: Universal Health Coverage with Health Insurance, and the Universal and Public Health Systems. It aims to compare and contrast the conceptual framework and practice of each and verify their concrete results regarding the guarantee of the right to health and access to required services. It identifies a direct relationship between the development model and the type of reform. The neoclassical-neoliberal model has succeeded in converting health into a field of privatized profits, but has failed to guarantee the right to health and access to services, which has discredited the governments. The reform of the progressive governments has succeeded in expanding access to services and ensuring the right to health, but faces difficulties and tensions related to the permanence of a powerful, private, industrial-insurance medical complex and persistence of the ideologies about medicalized 'good medicine'. Based on these findings, some strategies to strengthen unique and supportive public health systems are proposed.


Xihmai ◽  
2020 ◽  
Vol 15 (29) ◽  
Author(s):  
Marí­a Marta Mainetti [1] ◽  
Susana La Rocca [2]

ResumenNos proponemos reflexionar acerca de la relación entre dos principios bioéticos fundamentales en el ejercicio del derecho a la salud: el principio de autonomí­a y el de vulnerabilidad, en el marco de cambios legales en salud ocurridos en las últimas décadas en Argentina. El respeto a la vulnerabilidad comienza a consolidarse no sólo como el reconocimiento al principio más esencial de la Bioética sino como la base de toda la ética. La vulnerabilidad de individuos y poblaciones requiere una concepción de autonomí­a que implique en sí­ misma la inclusión. Se presentan algunas reflexiones y resultados de un proyecto de investigación realizado en 2018-2019 desde la Universidad Nacional de Mar del Plata, que analiza este tema a partir de la percepción de los profesionales de la salud pública en el Partido de General Pueyrredón, provincia de Buenos Aires, Argentina. Palabras clave: autonomí­a, vulnerabilidad, bioética, leyes en salud, derecho a la salud. AbstractWe propose to reflect on the relationship between two fundamental bioethical principles in the exercise of the right to health: the principle of autonomy and that of vulnerability, within the framework of legal changes in health that have occurred in recent decades in Argentina. Respect for vulnerability begins to consolidate not only as recognition of the most essential principle of Bioethics but as the basis of all ethics. The vulnerability of individuals and populations requires a conception of autonomy that implies inclusion in itself. Some reflections and results of a research project carried out in 2018-2019 from the National University of Mar del Plata are presented, which analyzes this topic from the perception of public health professionals in the Party of General Pueyrredón, province of Buenos Aires, Argentina.Keywords: autonomy, vulnerability, bioethics, health laws, right to health.  [1] Lic. en Antropologí­a. Mg. en Bioética. Dra. en Ciencias de la Vida. Docente e investigadora de la Universidad Nacional de Mar del Plata, Argentina. Integrante del Programa Temático Interdisciplinario en Bioética de la UNMDP.[2] Prof. en Filosofí­a. Mg. en Epistemologí­a. Docente e investigadora de la Universidad Nacional de Mar del Plata, Argentina. Coordinadora del Programa Temático Interdisciplinario en Bioética de la UNMDP.


Author(s):  
Tobin John ◽  
Barrett Damon

This chapter reviews the scope and meaning of the right to health under international law. Drawing on public health discourses and expanding beyond a right to health care, the contours of the right to health have been clarified—to encompass a wide range of social, political, and economic determinants of health—by the United Nations Committee on Economic, Social and Cultural Rights (CESCR) in its General Comment 14, by academics in the fields of law and public health, and by national governments in their domestic laws and judicial interpretations. The normative content of the right to health now provides a foundation for state obligations to respect, protect, and fulfill the right to health; limitations on other rights for public health goals; the right’s essential attributes of availability, accessibility, acceptability, and quality; the minimum core obligations of the right to health; and the progressive realization of health-related human rights.


2021 ◽  
pp. 273-290
Author(s):  
Carmel Williams ◽  
Alison Blaiklock ◽  
Paul Hunt

In this chapter, we explain how human rights, including the right to health, are important for global public health. We introduce key human rights concepts and principles, and illustrate three approaches to the right to health: judicial, policy, and empowerment. We propose that human rights and public health are natural allies with a complementary and supportive relationship. We describe the meaning of the right to the highest attainable standard of health and its place in international, regional, and national laws. We outline ten key elements of the right to health and how the right can be operationalized in public health practice. We demonstrate this with two case studies of critically important global public health issues—climate change and children’s health, and overseas development assistance—as well as one of an emerging challenge in health, the digitization of health through Big Data.


Sign in / Sign up

Export Citation Format

Share Document