health rights presentation

8/14/2019 health rights presentation

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The Discovery andThe Discovery and

evolution of Health Rights-evolution of Health Rights-Current ConceptsCurrent Concepts

Dr. Neelesh BhandariDr. Neelesh Bhandari

MBBS(AFMC), MD (Path)MBBS(AFMC), MD (Path)P.G.P in Human Rights (IIHR, N. Delhi)P.G.P in Human Rights (IIHR, N. Delhi)


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INTRODUCTION

The Discovery and Evolution of Health Rights.

The concept of Human rights is part of ages old Indian Culture.

The Principles of DHARMA and VASUDEV KUTUMBUM as outlined in the Vedas

and The Bhagvad Gita form the foundations of Human rights.

Human rights Theory has borrowed heavily from Buddhism, besides Hinduism.


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The right to the highest attainable standard of health (referred to asthe right to health.) was first reflected in the WHO Constitution (1946)and then reiterated in the 1978 Declaration of Alma Ata and in the WorldHealth Declaration adopted by the World Health Assembly in 1998.

It has been firmly endorsed in a wide range of international and regionalhuman rights instruments.


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The key international human rights treaties and Instruments are

the International Covenant on Economic, Social and Cultural

Rights (ICESCR, 1966) and

the International Covenant on Civil and Political Rights (ICCPR,1966) further elaborate the content of the rightsset out in the

Universal Declaration of Human Rights (UDHR, 1948),

These covenants( as opposed to declarations) contain legally bindingobligations for the governments that become parties to them.

Together these documents are often called the .International Bill of Human Rights.


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The human right to health is recognized in numerous internationalinstruments.

Article 25(1) of the UDHR affirms thateveryone has a right to a standard of living adequate for the health of himselfand his family, including food, clothing, housing, and medical care and necessarysocial services.

The ICESCR provides the most comprehensive articleon the right to health in international human rights law. According to article12(1) of the Covenant, States Parties recognize the right of everyone tothe enjoyment of the highest attainable standard of physical and mentalhealth, while article 12(2) enumerates, by way of illustration, a number ofsteps to be taken by the States Parties to achieve

the full realization of this right.


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Article 15 of the International Covenanton Economic, Social and Cultural Rights

recognizes the right of everyone to enjoythe benefits of scientific progress and itsapplications. This right places obligationson governments to take the steps necessaryto conserve, develop and diffuse scienceand scientific research, as well as ensure

freedom of scientific enquiry. The implicationsof this right for health issues have onlyrecently begun to be explored, for example,with respect to access to drugs for developingcountries.


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Countries that Ratified the ICESCR - 142

Countries that Ratified Regional Treaties with a Right to Health - 83

Countries that Recognize a Right to Health in their NationalConstitutions - 109

National Recognition of a Right to Health in some form or the other is thusSeen in 193 countries.


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There has been an increased interest in the role of a human rights framework tomobilize resources for health.

The human rights framework provides us with an appropriate understandingof what values should guide a nations health policy,

A potentially powerful means of moving the health agenda forward.


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A rights-based approach to health refers to theprocesses of:

. Using human rights as a framework for healthdevelopment.

. Assessing and addressing the human rightsimplications of any health policy, programme or

legislation.

. Making human rights an integral dimensionof the design, implementation, monitoring

and evaluation of health-related policies and

programmes in all spheres, including political,

economic and social.


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The right to health does not mean the right to be healthy, nor does

it mean that poor governments must put in place expensive health services

for which they have no resources.

But it does require governments and public authorities to put

in place policies and action plans which will lead to available

and accessible Health care for all in the shortest possible time .

To ensure that this happens is the challenge facing both

human rights community and public health professionals.

United Nations High Commissionerfor Human Rights, Mary Robinson


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Health Rights are intricately Linked with many other Rights.

H.R Violations resulting in ill Health-4. Torture, Slavery, Harmful Traditional Practices

Reducing Vulnerability to ill health via Human Rights-7. Right to Health8. Right to Food and Nutrition

9. Freedom from Discrimination10. Right to Education

Promotion of Human rights through Health development13. Right to Participation14. Freedom From Discrimination

15. Right to Information16. Right to Privacy


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In May 2000, The Committee on Economic , Social and Cultural RightsAdopted a general comment on right to Health.

The General Comment sets out four criteria by

which to evaluate the right to health:

(a)Availability. Functioning public health andhealth-care facilities, goods and services, aswell as programmes, have to be available insufficient quantity.

(b)Accessibility. Health facilities, goods andservices have to be accessible to everyone withoutdiscrimination, within the jurisdiction ofthe State party. Accessibility has four overlappingdimensions:

. Non-discrimination;

. Physical accessibility;

. Economic accessibility (affordability);

. Information accessibility.


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c)Acceptability. All health facilities, goods and services must be respectfulof medical ethics and culturally appropriate, sensitive to gender and life-cycle requirements, as well as being designed to respect confidentiality andimprove the health status of those concerned.

(d) Quality. Health facilities, goods and services must be scientifically andmedically appropriate and of good quality.

The Siracusa Principles allow for limiting of health rights if certain criteria

are met.


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Mark of quality: the five-way test and its indicators

How are we to decide what is good quality care?

5. Was something that was indicated, done in an appropriate and timely manner?2. Was something that was indicated, not done?

3. Was care given at the least cost, risk and inconvenience to the patient?4. Was care given in a humane and ethical manner?

Were the facts communicated to the patient and his family and were the patient

and his family involved inthe processes of decision making?What was the patients satisfaction with the treatment?

5. What was the outcome of treatment?Aim is RATIONALITY, AVOIDANCE OF IRRATIONALITY,

COST-EFFECTIVENESS, ETHICAL CONDUCT

AND GOOD COMMUNICATION.

The quality of healthcare is indicated by what the providers prescribe in the form of

DRUGS, TESTS and INTERVENTIONS and by the QUALITY OFDOCUMENTATION.


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THE INTERNATIONAL SOCIETY FOR HEALTH AND HUMAN RIGHTS

adopted in 1993, with amendments adopted in 1998ARTICLES OF ASSOCIATION, NAME, SEAT AND DURATION

Article 1

1. The name of the Association is: International Society for Health and Human Rights.2. The seat of the Association is in Utrecht.3. The Association is established for an unlimited period.

There are 24 articles which govern the society and annual yearcorresponds to a calendar year


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MEMBERSHIPISHHR has members in almost 50 countries worldwide. Theannual fee is US$ 50 for individual membership and US$ 120for organizations. You can apply for membership by one ofthe following methods:

Fill in the online registration form on their website:www.ishhr.org/membership

Send an e-mail to [email protected] and ask for thenecessary application forms.

Contact ISHHR by ordinary mail.

International Society for Health and HumanRightsSecretariat: Urtegata 50, N-0187 Oslo, Norway [email protected]: +47 23 30 11 00 Fax: +47 23 30 11 01 www.ishhr.org
http://www.ishhr.org/membershiphttp://www.ishhr.org/membership


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Articles

Part I - consists of Articles 1 - 4 on the Union and its Territory

Part II - consists of Articles 5 - 11 on Citizenship.Part III - consists of Articles 12 - 35 on Fundamental Rights.

Articles 14 - 18 on Right to Equality,Articles 19 - 22 on Right to Freedom,

Articles 23 - 24 on Right against Exploitation,Articles 25 - 28 on Right to Freedom ofReligion,

Articles 29 - 31 on Cultural and Educational Rights,Articles 32 - 35 on Right to Constitutional Remedies.

Part IV - consists of Articles 36 - 51 on Directive Principles of State Policy.Part IV (A) consists of Article 51A - Fundamental Duties of each citizen of India.

Part V - consists of Articles on the Union. (52-151)Part VI consists of articles on the States. ( 152-237)

Parts VII Part XII Principles of governing.

Art. 15- Freedom From Discrimination

Art. 21- Right to Life and Personal Liberty

THE INDIAN Constitution
http://en.wikipedia.org/wiki/Citizenshiphttp://en.wikipedia.org/wiki/Fundamental_Rights_of_Indiahttp://en.wikipedia.org/wiki/Equalityhttp://en.wikipedia.org/wiki/Freedom_%28political%29http://en.wikipedia.org/wiki/Exploitationhttp://en.wikipedia.org/wiki/Religionhttp://en.wikipedia.org/wiki/Culturalhttp://en.wikipedia.org/wiki/Educationalhttp://en.wikipedia.org/wiki/Educationalhttp://en.wikipedia.org/wiki/Culturalhttp://en.wikipedia.org/wiki/Religionhttp://en.wikipedia.org/wiki/Exploitationhttp://en.wikipedia.org/wiki/Freedom_%28political%29http://en.wikipedia.org/wiki/Equalityhttp://en.wikipedia.org/wiki/Fundamental_Rights_of_Indiahttp://en.wikipedia.org/wiki/Citizenship


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The collaboration between PAHO/WHO and the Inter-AmericanCommission on Human Rights (IACHR, the body responsiblefor overseeing the American Convention on Human Rights) concerningthe rights of persons with mental disabilities, is an example

of the key role specialized agencies can play within internationalmonitoring mechanisms.

PAHO/WHO offers technical opinions and assistance on theinterpretation of the American Convention on Human Rights andthe American Declaration on the Rights and Duties of Man, in light ofinternational standards on mental disability rights.

In turn, the IACHR incorporates these standards into final reports ofrelevant individual cases and in country reports. As a result of thistechnical assistance, the IACHR has issued the Recommendation for

the Promotion and Protection of the Rights of the Mentally ill.


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Health is not a blessing to be wished for but a right to be fought for.

There are complex linkages between health and human rights:

. Violations or lack of attention to human rights can have serious health consequences

Health policies and programmes can promote orviolate human rights in the ways they are designed or implemented;

Vulnerability and the impact of ill health can bereduced by taking steps to respect, protect and fulfill human rights.


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