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The Right to Health and Vulnerable Populations Unit 11

The Right to Health and Vulnerable Populations Unit 11. Contributed by Dabney Evans, Institute of Human Rights & Rollins School of Public Health Emory University. Loosely defined, Human Rights are:. Set of beliefs about societal basis of human well-being.

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The Right to Health and Vulnerable Populations Unit 11

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  1. The Right to Health and Vulnerable PopulationsUnit 11 Contributed by Dabney Evans, Institute of Human Rights & Rollins School of Public Health Emory University

  2. Loosely defined, Human Rights are: • Set of beliefs about societal basis of human well-being. • Series of non-provable statements about what people need to maintain their human dignity (an abstract ideal like love, justice, peace). • Describe the relationships between individuals and society.

  3. Core Characteristics of Human Rights • Rights of individuals • Adhere to individuals because we are human, inherently born in dignity • Universal • Unalienable • Interdependent • Equality and non-discrimination • Participation • Rights engender certain claims/entitlements • Core rights are non-derogable • Duties to respect, protect and fulfill rights falls upon states parties

  4. United Nations Charter Preamble We the people of the United Nations determined…to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small have resolved to combine our efforts to accomplish these aims.

  5. United Nations Charter • Article 55 With a view to the creation of conditions of stability and well being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self determination of peoples, the United Nations shall promote: • Higher standards of living, full employment, and conditions of economic and social progress and development; • Solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and • Universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. • Article 56* All members pledge themselves to take joint and separate action* in cooperation with the organization for the achievement of the purposes set forth in Article 55. *Sometimes interpreted as the obligation of wealthier nations to help poorer nations.

  6. Other UN Treaties • Convention on the Prevention and Punishment of the Crime of Genocide (1948) • Convention Relating to the Status of Refugees (1950) • International Covenant on the Elimination of All Forms of Racial Discrimination (1965) • Protocol Relating to the Status of Refugees (1966) • Convention on the Elimination of All Forms of Discrimination Against Women (1979) • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) • Convention on the Rights of the Child (1989) • 2nd Optional Protocol to the ICCPR aimed at the abolition of the death penalty (1989) Regional Systems exist as well including, European Commission and Court on Human Rights, Organization of American States (OAS) and Organization of African Unity (OAU)

  7. Human Rights Documents 1945 UN Charter 1969 Racial Discrimination 1978 Geneva protocols and American Convention 1987 Torture Convention 1951 OAS Charter Genocide Convention 1950 Geneva Conventions 1976 ICCPR and ICESCR 1990 CRC 1954 Refugee Convention 1981 CEDAW

  8. The Right to Health Under International Human Rights Law

  9. Universal Declaration of Human Rights, Article 25.1 Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age, or other lack of livelihood in circumstances beyond his control. Non-binding declaration

  10. International Covenant on Economic, Social, and Cultural Rights, (ICESCR) Article 12.1* The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. *Adopted 16 Dec 1966, entered into force 3 Jan 1976, but never ratified by the US

  11. ICESCR, Article 12.2 • The steps to be taken by the states parties to the present Covenant to achieve the full realization of this right shall include those necessary for: • The provision for the reduction of the still-birth rate and of infant mortality and for the healthy development of the child; • The improvement of all aspects of environmental and industrial hygiene; • The prevention, treatment, and control of epidemic, endemic, occupational and other diseases; • The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

  12. Convention on the Elimination on the all forms of Racial Discrimination (CERD) • Adopted by UN GA in December 1965 and entered force in January 1969 • Originally designed to disrupt the apartheid system of South Africa • 170 ratifications & 6 signatories out of 192 UN member States • The US signed this treaty in 1966 and ratified it in 1994. • CERD is the only treaty that the US has ratified with a mention of the right to health.

  13. CERD • Article 5e(iv) States parties undertake to prohibit and eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights…economic, social and cultural rights in particular…the right to public health, medical care, social security and social services.

  14. Other Relevant Documents • Durban Declaration (2001) • ILO Indigenous and Tribal Peoples Convention (1989) • International Convention against Apartheid in Sports (1985) • Declaration on Race and Racial Prejudice (1978) • International Convention on the Suppression and Punishment of the Crime of Apartheid (1976) • CoE Framework Conventionfor the Protection of National Minorities (FCNM)

  15. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) • Adopted by UN GA in December 1979 and entered force in September 1981 • 182 ratifications & 98 signatories out of 192 UN member States • The US signed this treaty in 1980 but has never ratified it mainly because of the inclusion of ESCR.

  16. CEDAW and Discrimination • Article 5 States Parties shall take all appropriate measures to modify social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or superiority of either of the sexes or on stereotyped roles for men and women.

  17. CEDAW and Health • Article 12 States Parties shall take all appropriate measures to…ensure, on a basis of equality of men and women, access to health care services, including those related to family planning.

  18. Other Relevant Documents • Fourth World Conference on Women in Beijing (1995) • International Conference on Population and Development in Cairo (1994) • Declaration on the Elimination of Violence Against Women (1993) • World Conference on Human Rights in Vienna (1993) • Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women • Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa

  19. Declaration on the elimination of all forms of intolerance and of discrimination based on religion or belief • Originally conceptually coupled with CERD but split once it moved from Declaration to Convention status • This Declaration was proclaimed by the general assembly in 1981 • Moving it from Declaration from Convention has been on the most contentious debates in UN History

  20. Religion Declaration and Health • Article 1.3 Freedom to manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others. • Article 5.5 Practices of a religion or belief in which a child is brought up must not be injurious to his physical or mental health or to his full development, taking into account article 1, paragraph 3, of the present Declaration.

  21. People with Disabilities • 10% of the world’s population (650 million people) suffer from disabilities. • A convention on the rights of persons with disabilities was completed in August 2006. • 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.

  22. Conclusions • International human rights law has a preoccupation with the protection of vulnerable groups. • The right to health has been established under international law. • Human rights treaties provide guidance on the aspirations and standards of practice for programming directed towards vulnerable populations.

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