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Advancing the Human Right to Health

Advancing the Human Right to Health

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199661619
  • Published In: July 2013
  • Format: Hardback , 480 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Author 

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  • Written and edited by world leaders in the study and application of health human rights
  • Brings greater clarity to many of the complex clinical, ethical, economic, legal, and socio-cultural questions
  • Includes case study chapters from low-, middle-, and high-income countries

Advancing the Human Right to Health offers a prospective on the global response to one of the greatest moral, legal, and public health challenges of the 21st century - achieving the human right to health as enshrined in the United Nations Declaration of Human Rights (UDHR) and other legal instruments.

Featuring writings by global thought-leaders in the world of health human rights, the book brings clarity to many of the complex clinical, ethical, economic, legal, and socio-cultural questions raised by injury and disease including the deeper determinants of health, such as poverty. Including examination of the profound inequalities in health, which have resulted in millions of people condemned to unnecessary suffering and hastened deaths, this is much more than a primer on the right to health, it is a thoughtful account of its parameters together with strategies to achieve it, and discussion of why the right is so essential.

Country-specific case studies provide context for analysing the right to health and assessing whether, and to what extent, this right has influenced critical decision-making that makes a difference in peoples' lives. Thematic chapters also look at the specific challenges involved in translating the right to health into action.

Advancing the Human Right to Health highlights the urgency to build upon the progress made in securing the right to health for all, offering a timely reminder that all stakeholders must redouble their efforts to advance the human right to health.

Informed by the history of the movement, the practical experience of local and national groups in implementing the right, and considered analysis of the challenges and opportunities in achieving the human right to health, this is a valuable resource for public health practitioners and researchers, legal scholars and policy makers interested in human rights and health.

Readership: Public health practitioners and researchers, legal scholars, bioethicists, policy makers, infectious disease specialists, students and human rights activists.

Foreword
Preface
The Right to Health in Perspective
1: Stephen P. Marks: The Emergence and Scope of the Human Right to Health
2: Oscar A. Cabrera and Ana S. Ayala: Advancing the Right to Health through International Litigation
3: Helena Nygren-Krug: The Right to Health from Concept to Practice
4: Ariel Pablos-Mendéz and Lesley Stone: Health Development as Nation-Strengthening
5: Eric A. Friedman and Lawrence O. Gostin: Pillars for Progress on the Right to Health
The Right to Health in Action
6: Donna Barry, Kate Greene, Wesler Lambert, Fernet Léandre, and Loune Viaud,: Haiti: An Overview of its Right to Health History and Future Directions
7: Raymond A. Atuguba: The Right to Health in Ghana: Healthcare, Human Rights, and Politics
8: Ravi Duggal: Health and Development in India: Moving toward the Right to Health
9: Charles Ngwena, Rebecca Cook, and Ebenezer Durojaye: The Right to Health in Post-Apartheid Era South Africa
10: Raul Pangalangan: The Domestic Implementation of the International Right to Health: The Philippine Experience
11: Philip D. Chen and Di Wu: China's Evolution in Progressively Realizing the Right to Health
12: Armando De Negri Filho: Brazil: A Long Journey toward a Universal Healthcare System
13: Ariel Frisancho-Arroyo: The Right to Health in Peru
14: Julio Frenk and Octavio Gómez-Dantés: Realizing the Right to Healthcare in Mexico
15: Matthew Weait: The United Kingdom: The Right to Health in the Context of a Nationalised Health Service
16: Hiroaki Matsuura and Eriko Sase: The Right to Health in Japan: Challenges of a Super-Aging Society and Implications from its 2001 Public Health Emergency
17: Alicia Ely Yamin and Jean Connolly Carmalt: United States: Right to Health Obligations in the Context of Disparity and Reform
The Right to Health: Challenges and Opportunities
18: Britta Baer, Andrew Ball, Helena Nygren-Krug, Aafje Rietveld, and Diana Weil: Human Rights-Based Approaches to HIV, Tuberculosis, and Malaria
19: Oscar A. Cabrera and Lawrence O. Gostin: Global Tobacco Control: A Vital Component of the Right to Health
20: Alicia Ely Yamin: Women's Health and Human Rights: Struggles to Engender Social Transformation
21: Joanne Mariner and Rebecca Schleifer: The Right to Health in Prison
22: Stephen P. Marks and Adriana Benedict.: Access to Medical Products, Vaccines, and Medical Technologies
23: Martin W. Bloem and Saskia De Pee: Nutrition and Human Rights: Why Meeting Nutrient Needs Should be a Human Right
24: José M. Zuniga and Imane Sidibé: Primum Non Nocere and the Right to Health
25: Michael Bochenek: Combating Torture and Other Ill-Treatment
26: Victoria Sutton: Emergencies, Disasters, Conflicts, and Human Rights
27: Lisa Eckstein: Searching for a Role for Genomics in the Right to Health
28: Joia Mukherjee: Financing Governments: Toward Achieving the Right to Health
Conclusion
29: Anand Grover, Brian Citro, and Mihir Mankad:

Edited by José M. Zuniga, President, International Association of Providers of AIDS Care, USA, Stephen P. Marks, François-Xavier Bagnoud Professor of Health and Human Rights, Harvard School of Public Health, USA, andLawrence O. Gostin, University Professor and Faculty Director, O'Neill Institute for National & Global Health Law, Georgetown University; and Director, WHO Collaborating Centre on Public Health Law and Human Rights, USA

Dr José M. Zuniga was appointed President of the International Association of Providers of AIDS Care (IAPAC) in December 1999. He has published in various journals, authored chapters, and acted as a contributing editor for numerous books. He is Editor-in-Chief of the Journal of the International Association of Providers of AIDS Care, and is a founding member of the Editorial Advisory Board of Themis. He is also the founding Chair of the Humanitas Foundation, which supports innovative approaches to improve individual, community, and public health. In addition, he advises regional and international agencies, including the Pan American Health Organization (PAHO), the World Health Organization (WHO), and the Joint United Nations Program on HIV/AIDS (UNAIDS), on matters related to the field of HIV medicine.

Professor Stephen P. Marks is the François-Xavier Bagnoud Professor of Health and Human Rights at the Harvard School of Public Health, where he directs the Program on Human Rights in Development. He is the author or editor of numerous articles and books relating to the human right to benefit including scientific progress, universal jurisdiction, cultural rights and human rights in development. He has also held teaching positions at Columbia University, Princeton University, the University of Phnom Penh Faculty of Law, Cardozo School of Law, Rutgers University School of Law, and City University of Hong Kong School of Law and University of Hong Kong Law School. He spent 12 years in the service of the United Nations, working for the United Nations Educational, Scientific, and Cultural Organization (UNESCO) and in various peacekeeping operations, including in Western Sahara and Cambodia.

Professor Lawrence O. Gostin is University Professor, Georgetown University's highest academic rank conferred by the University President. He directs the O'Neill Institute for National and Global Health Law and was the Founding O'Neill Chair in Global Health Law. He is Professor of Medicine at Georgetown University, Professor of Public Health at the Johns Hopkins University, and Director of the Center for Law & the Public's Health at both universities. Professor Gostin is also the Director of the WHO Collaborating Centre on Public Health Law & Human Rights. He holds numerous editorial appointments, and his principal position is the Health Law and Ethics Editor for the Journal of the American Medical Association. He is also Founding Editor-in-Chief of Laws. Professor Gostin has led major law reform initiatives in the United States, including the drafting of the Model Emergency Health Powers Act (MEHPA) to combat bioterrorism and the "Turning Point" Model State Public Health Act.

 

Contributors: 
Raymond A. Atuguba
Senior Lecturer in Law
University of Ghana, Legon
Accra, GHANA

Ana S. Ayala 
Associate
O'Neill Institute for National and Global Health Law
Georgetown University Law Center
Washington, DC, USA

Britta Baer
Technical Officer
Gender, Equity, and Human Rights Team
World Health Organization
Geneva, SWITZERLAND

Andrew Ball
Senior Strategy and Operations Adviser
Department of HIV/AIDS
World Health Organization
Geneva, SWITZERLAND 

Donna J. Barry
Policy and Advocacy Director
Partners in Health
Boston, MA, USA

Adriana L. Benedict
Juris Doctor Candidate
Harvard Law School
Cambridge, MA, USA

Martin W. Bloem 
Chief Nutrition and HIV/AIDS Policy 
World Food Programme
Rome, ITALY

Michael Bochenek
Director of Law and Policy 
Amnesty International
London, ENGLAND

Oscar A. Cabrera
Executive Director 
O'Neill Institute for National and Global Health Law
Georgetown University Law Center
Washington, DC, USA 

Philip D. Chen 
Project Director
China Health Law Initiative
Georgetown University Law Center
Washington, DC, USA 

Brian Citro 
Senior Research Officer to the UN Special Rapporteur on the Right to Health Lawyers Collective 
New Delhi, INDIA 

Jean Connolly Carmalt 
Assistant Professor of Law, Politics, and Society
Drake University
Des Moines, IA, USA 

Rebecca Cook
Faculty Chair 
University of Toronto
Toronto, Ontario, CANADA

Ravi Duggal 
Program Officer
International Budget Partnership 
Mumbai, INDIA

Ebenezer Durojaye
Researcher/Fellow
University of the Free State
Bloemfontein, SOUTH AFRICA

Lisa Ekstein
Doctor of Juridical Science Candidate
Georgetown University Law Center
Washington, DC, USA

Julio Frenk
Dean of the Faculty
Harvard School of Public Health 
Cambridge, MA, USA

Ariel Frisancho Arroyo
National Coordinator
CARE Peru
Lima, PERU

Eric A. Friedman
Project Leader
Joint Action and Learning Initiative
O'Neill Institute for National and Global Health Law
Georgetown University Law Center
Washington, DC, USA

Octavio Gómez-Dantés 
Director for Analysis and Evaluation 
Carso Health Institute
Mexico City, MEXICO

Kate Greene 
Associate Director, Advocacy & Policy 
Partners in Health 
Washington, DC, USA 

Lawrence O. Gostin
Professor of Law/Faculty Director
Georgetown University Law Center
Washington, DC, USA

Anand Grover 
UN Special Rapporteur on the Right to Health
United Nations Human Right Council
New Delhi, INDIA

Paul Hunt
Professor of Law
University of Essex School of Law
Colchester, Essex, ENGLAND 

Wesler Lambert 
Deputy Executive Director 
Zanmi Lasante 
Port-au-Prince, HAITI 

Fernet Léandre 
Co-Executive Director 
Zanmi Lasante 
Port-au-Prince, HAITI 

Mihir Mankad
Senior Research Officer to UN Special Rapporteur on the Right to Health
Lawyers Collective 
New Delhi, INDIA 

Joanne Mariner
Director
Human Rights Program
Roosevelt House Public Policy Institute
New York, NY, USA

Stephen P. Marks
François-Xavier Bagnoud Professor of Health and Human Rights
Harvard School of Public Health
Cambridge, MA, USA

Hiroaki Matsuura
Doctor of Science Candidate
Harvard School of Public Health
Cambridge, MA, USA 

Joia Mukherjee
Associate Professor of Medicine
Harvard Medical School
Boston, MA, USA

Armando De Negri Filho
Coordinator
Executive Committee of the World Social Forum
Porto Alegre, BRAZIL

Charles Ngwena 
Professor of Law
University of Pretoria 
Pretoria, SOUTH AFRICA 

Helena Nygren-Krug
Human Rights Research and Policy Coordinator
Gender, Equity and Human Rights Team
World Health Organization
Geneva, SWITZERLAND

Ariel Pablos-Mendéz 
Assistant Administrator for Global Health
US Agency for International Development
Washington, DC, USA

Raul C. Pangalangan
Professor of Law
University of the Philippines
Quezon City, PHILIPPINES

Saskia De Pee 
Senior Technical Advisor, Nutrition and HIV/AIDS 
World Food Programme
Rome, ITALY

Aafje Rietveld
Medical Officer
Global Malaria Programme
World Health Organization
Geneva, SWITZERLAND

Eriko Sase
Adjunct Professor
Graduate School of Medicine
The University of Tokyo
Tokyo, JAPAN

Rebecca Schleifer 
Advocacy Director
Human Rights Watch
New York, NY, USA 

Imane Sidibé 
Program Manager
International Association of
Providers of AIDS Care
Washington, DC, USA

Lesley Stone
Health Policy and Legislative Analyst 
US Agency for International Development
Washington, DC, USA

Victoria Sutton
Associate Professor of Law
Texas Tech University School of Law
Lubbock, TX, USA

Loune Viaud
Co-Executive Director
Zanmi Lasante
Port-au-Prince, HAITI

Matthew Weait
Professor of Law and Policy
School of Law Birkbeck
University of London
London, ENGLAND 

Diana Weil
Coordinator, Policy and Strategy 
Stop TB Department
World Health Organization
Geneva, SWITZERLAND

Di Wu
Associate
O'Neill Institute for National and Global Health Law
Georgetown University Law Center
Washington, DC, USA

Alicia Ely Yamin
Director 
Program on Health Rights of Women and Children
Francois-Xavier Bagnoud Center for Health and Human Rights
Harvard University
Boston, MA, USA

José M. Zuniga
President/CEO
International Association of
Providers of AIDS Care
Washington, DC, USA

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