scholarly journals Advancing the Human Right to Health: Eleanor Kinney's Seminal Contributions to the Development and Implementation of Human Rights for Public Health

2021 ◽  
Vol 17 (1) ◽  
pp. 21-32
Author(s):  
Benjamin Mason Meier ◽  
Lance Gable
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Right To Health ◽  
Human Right

The Origins of Human Rights in Global Health

2018 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
Global Health ◽  
International Law ◽  
Right To Health ◽  
Right To Health Care ◽  
Global Standards ◽  
The Right

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.”

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).

s.One Norms and Principles, 3 The Right to Health and Health-Related Human Rights

2020 ◽  
Author(s):  
Tobin John ◽  
Barrett Damon
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Right To Health ◽  
Economic Determinants ◽  
Right To Health Care ◽  
Cultural Rights ◽  
Health Goals ◽  
Health Related ◽  
State Obligations ◽  
The Right

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.

The right to health supports global public health

2021 ◽  
pp. 273-290
Author(s):  
Carmel Williams ◽  
Alison Blaiklock ◽  
Paul Hunt
Keyword(s):  
Public Health ◽  
Climate Change ◽  
Human Rights ◽  
Public Health Practice ◽  
Right To Health ◽  
Global Public Health ◽  
Health Issues ◽  
Supportive Relationship ◽  
The Right ◽  
Overseas Development

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.

The Right to Health and Health-Related Human Rights

2020 ◽  
pp. 67-88
Author(s):  
John Tobin ◽  
Damon Barrett
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Right To Health ◽  
Economic Determinants ◽  
Right To Health Care ◽  
Cultural Rights ◽  
Health Goals ◽  
Health Related ◽  
State Obligations ◽  
The Right

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.

The Right to Health

2018 ◽  
pp. 231-264
Author(s):  
Sandra Fredman
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Final Section ◽  
Right To Health ◽  
Individual Rights ◽  
Personal Integrity ◽  
Human Right ◽  
The Right ◽  
The Way

Is health a human right? Many would maintain that it is not. On this view health and ill-health are due to natural causes, not to State actions. Others are concerned that health raises too many polycentric problems to be dealt with through justiciable human rights. These contestations have shaped the way in which the right to health is understood. Section II sketches out the health context. Section III considers jurisdictions in which there is no express right to health, but a right has been derived from rights to life, personal integrity, or privacy. Section IV contrasts this approach with jurisdictions with an express right to health. Section V examines the role of the right to equality, while section VI focuses on reproductive health. The final section returns to the challenges of polycentricity and the extent to which a justiciable right can address systemic issues rather than individual rights to medication.

s.Two Implementation and Accountability, 8 Justiciability of Human Rights for Health

2020 ◽  
Author(s):  
Flood Colleen M ◽  
Thomas Bryan
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Right To Health ◽  
Health And Human Rights ◽  
Proper Role ◽  
Health Related ◽  
State Obligations ◽  
The Right ◽  
The Impact

This chapter examines both the power and limitations of litigation as a means of facilitating accountability for the advancement of public health. While almost half of the world’s constitutions now contain a justiciable right to health, the impact of litigation has been mixed. Judicial accountability has, in some cases, advanced state obligations to realize the highest attainable standard of health, but in other cases, litigation has threatened the solidarity undergirding public health systems. There is significant country-to-country variation in interpreting health-related human rights, as well as differing views of the proper role of courts in interpreting and enforcing these rights. Surveying regional human rights systems and national judicial efforts to address health and human rights, it is necessary to analyze how courts have approached—and how they should approach—litigation of the right to health and health-related human rights to improve health for all.

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