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So many wrongs, what about the rights? Unit 11

So many wrongs, what about the rights? Unit 11. Contributed by Dabney Evans Institute of Human Rights & Rollins School of Public Health Emory University. Human Rights Documents including a right to health or other health related rights. Genocide Convention Refugee Convention

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So many wrongs, what about the rights? Unit 11

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  1. So many wrongs, what about the rights?Unit 11 Contributed by Dabney Evans Institute of Human Rights & Rollins School of Public Health Emory University

  2. Human Rights Documents including a right to health or other health related rights • Genocide Convention • Refugee Convention • Convention on the Elimination of all forms of Racial Discrimination • International Covenant on Economic, Social and Cultural Rights • Convention on the Elimination of all forms of Discrimination Against Women • Convention on the Rights of the Child • Convention on the Rights of Persons with Disabilities (forthcoming)

  3. The World Health Organization reports that every nation state has signed at least one international human rights treaty including the right to health.

  4. On the shoulders of Giants… • Mann et al made the initial connection linking health and human rights in the mid-90’s. • In the following decade many advances in the theoretical and the practical understandings of the relationship between health and human rights have been made.

  5. Mann’s Model of Health and Human Rights Human Rights Health Human Rights Health Human Rights Health

  6. General Comment 14 • General Comments identify the ways in which States must proceed in order to live up to their obligations under international law • Adopted by the UN Economic and Social Council in 2000

  7. General Comment 14 • General Comment 14 provides further interpretation of the right to health including • Normative content of the right including the elements of availability, accessibility, acceptability and quality; • Broad principles of Non-discrimination and equality; • The obligations of states including non-derogable core obligations; • Violations; and • Implementation.

  8. UN Common Understanding on Rights Based Approach (RBA) • Developed under the auspices of the 1997 UN Programme for Reform • Originally developed for development programming, but has broader implications i.e. for health • The Common Understanding was established in 2003 and now widely adopted across UN agencies

  9. UN Common Understanding on RBA • All programs should further the realization of human rights set forth in the Universal Declaration of Human Rights and other international human rights instruments; • Standards and principles put forth in the UDHR and other international human rights instruments should guide programming activities; and • Development cooperation assists in the development of both “duty-bearers” and “rights-holders.”

  10. Principles for RBA • Universality and inalienability • Indivisibility • Interdependence and interrelatedness • Equality and non-discrimination • Participation and inclusion • Accountability and the rule of law

  11. Special Rapporteur on the right to health • UN Commission on Human Rights appointed a Special Rapporteur on the right to the highest attainable standard of physical and mental (right to health) in 2002 • Paul Hunt (University of Essex) is the SR and his mandate was renewed through 2008 • The main objectives of the Special Rapporteur are to: • raise awareness about the right to health as a fundamental human right; • to clarify what the right to health means; and • to identify ways of operationalising the right to health.

  12. The Special Rapporteur: • Undertakes country missions and other visits; • Communicates with States regarding alleged violations of the human right to health; and • Submits annual reports on his work to the UN Commission (now Council) on Human Rights and the General Assembly. • The Special Rapporteur’s work focuses on two main themes: poverty and the right to health, and stigma and discrimination and the right to health.

  13. United Nations Disability Rights Convention • UN Ad hoc committee drafted the convention between 2002-2006. • Final draft was completed in August 2006 and was the first human rights treaty of the new millennium. • The draft treaty specifically prohibits discrimination against persons with disabilities in all areas of life, including civil rights, access to justice and the right to education, health services and access to transportation.

  14. Conclusions • The right to health has been established under international law. • Human rights treaties provide guidance on the aspirations and standards relate to the right to health. • Advances in further outlining standards of practice for rights-based approach to programming continue to evolve and deepen.

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