Courting Rights

Courting Rights
Author: Richard Elliott
Publisher: World Health Organization
Total Pages: 136
Release: 2006
Genre: Health & Fitness
ISBN:

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Over the years people living with or affected by HIV have sometimes successfully claimed the protection of the law. In other instances courageous activists have challenged the law to embody the human rights protections they deserve. This volume presents 30 summaries of court or tribunal proceedings aimed at defending or securing the human rights of people living with or vulnerable to HIV. With an emphasis on cases from developing countries this volume examines key litigation efforts to advance a human rights-based approach to HIV on three fronts: discrimination access to treatment and prevention and care for prisoners. Understanding the ways in which litigation has been used in the struggle for human rights successfully or otherwise helps legislators jurists advocates and policy makers to understand and use the law optimally in the response to AIDS.

Litigating Health Rights

Litigating Health Rights
Author: Alicia Ely Yamin
Publisher: Harvard University Press
Total Pages: 446
Release: 2015-04-01
Genre: Law
ISBN: 0986106208

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The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.

Right to Health Litigation and HIV/AIDS Policy

Right to Health Litigation and HIV/AIDS Policy
Author: Benjamin Mason Meier
Publisher:
Total Pages: 0
Release: 2011
Genre:
ISBN:

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This article sketches the evolving interaction between human rights case law and HIV/AIDS policy. To clarify the need for such analysis, this article discusses the promise of human rights litigation in providing accountability for state public health commitments. Given the promise of this litigation in realizing public health outcomes, this article reviews the origins and development of human rights jurisprudence for HIV/AIDS. With this enforcement movement facing increasing criticism for distorting the global health governance agenda, the authors examine the backlash against this human rights jurisprudence in setting HIV/AIDS policy. This article concludes that scholars and practitioners must engage in comparative analyses of these rights-based litigation strategies and empirical research on their public health impacts.

Litigating the Right to Health in Africa

Litigating the Right to Health in Africa
Author: Ebenezer Durojaye
Publisher: Routledge
Total Pages: 303
Release: 2016-03-09
Genre: Medical
ISBN: 1317104269

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Health rights litigation is still an emerging phenomenon in Africa, despite the constitutions of many African countries having provisions to advance the right to health. Litigation can provide a powerful tool not only to hold governments accountable for failure to realise the right to health, but also to empower the people to seek redress for the violation of this essential right. With contributions from activists and scholars across Africa, the collection includes a diverse range of case studies throughout the region, demonstrating that even in jurisdictions where the right to health has not been explicitly guaranteed, attempts have been made to litigate on this right. The collection focusses on understanding the legal framework for the recognition of the right to health, the challenges people encounter in litigating health rights issues and prospects of litigating future health rights cases in Africa. The book also takes a comparative approach to litigating the right to health before regional human rights bodies. This book will be valuable reading to scholars, researchers, policymakers, activists and students interested in the right to health.

To Heal Humankind

To Heal Humankind
Author: Adam Gaffney
Publisher: Routledge
Total Pages: 245
Release: 2017-07-06
Genre: Social Science
ISBN: 1351656554

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The "human right to healthcare" has had a remarkable rise. It is found in numerous international treaties and national constitutions, it is litigated in courtrooms across the globe, it is increasingly the subject of study by scholars across a range of disciplines, and—perhaps most importantly—it serves as an inspiring rallying cry for health justice activists throughout the world. However, though increasingly accepted as a principle, the historical roots of this right remain largely unexplored. To Heal Humankind: The Right to Health in History fills that gap, combining a sweeping historical scope and interdisciplinary synthesis. Beginning with the Age of Antiquity and extending to the Age of Trump, it analyzes how healthcare has been conceived and provided as both a right and a commodity over time and space, examining the key historical and political junctures when the right to healthcare was widened or diminished in nations around the globe. To Heal Humankind will prove indispensable for all those interested in human rights, the history of public health, and the future of healthcare.

The Handbook of Global Health Policy

The Handbook of Global Health Policy
Author: Garrett W. Brown
Publisher: John Wiley & Sons
Total Pages: 632
Release: 2014-04-08
Genre: Political Science
ISBN: 1118509609

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The Handbook of Global Health Policy provides a definitive source of the key areas in the field. It examines the ethical and practical dimensions of new and current policy models and their effect on the future development of global health and policy. Maps out key debates and policy structures involved in all areas of global health policy Isolates and examines new policy initiatives in global health policy Provides an examination of these initiatives that captures both the ethical/critical as well as practical/empirical dimensions involved with global health policy, global health policy formation and its implications Confronts the theoretical and practical questions of ‘who gets what and why’ and ‘how, when and where?’ Captures the views of a wide array of scholars and practitioners, including from low- and middle-income countries, to ensure an inclusive view of current policy debates

The Struggle for Human Rights

The Struggle for Human Rights
Author: Nehal Bhuta
Publisher: Oxford University Press
Total Pages: 449
Release: 2021-09-30
Genre: Law
ISBN: 0192638378

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The Struggle for Human Rights evaluates the themes of law, politics, and practice which together define international human rights practice and scholarship. Taking as it's inspiration the 40 year career of international human rights advocate Philip Alston, this book of essays examines foundational debates central to the evolution of the human rights project. It critiques the reform of human rights institutions and reflects on the place of human rights practice in contemporary society. Bringing together leading scholars, practitioners, and critics of human rights from a variety of disciplines, The Struggle for Human Rights addresses the most urgent questions posed within the field of human rights today - its practice and its theory. Rethinking assumptions and re-evaluating strategies in the law, politics, and practice of international human rights, this book is essential reading for academics and human rights professionals around the world.

Advancing the Human Right to Health

Advancing the Human Right to Health
Author: José M. Zuniga
Publisher: OUP Oxford
Total Pages: 481
Release: 2013-07-04
Genre: Medical
ISBN: 0191637637

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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 Universal 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, disease, and deeper determinants of health, such as poverty. Much more than a primer on the right to health, this book features an examination of profound inequalities in health, which have resulted in millions of people condemned to unnecessary suffering and hastened deaths. In so doing, it provides a thoughtful account of the right to health's parameters, strategies on ways in which to achieve it, and discussion of why it is so essential in a 21st century context. 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 people's 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.

Local Maladies, Global Remedies

Local Maladies, Global Remedies
Author: Lamprea-Montealegre, Everaldo
Publisher: Edward Elgar Publishing
Total Pages: 232
Release: 2022-06-16
Genre: Law
ISBN: 1800376545

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This forward-looking book provides an in-depth analysis of the major transformations of the right to health in Latin America over the past decades, marked by the turn towards the pharmaceuticalisation of health care. Everaldo Lamprea-Montealegre investigates how health-based litigation has deepened inequalities in the global South, exploring the practices of key actors that are reclaiming the right to health in the region.