Health and Human Rights in a Changing World

Health and Human Rights in a Changing World is a comprehensive and contemporary collection of readings and original material examining health and human rights from a global perspective. Editors Grodin, Tarantola, Annas, and Gruskin are well-known for their previous two volumes (published by Routledge) on this increasingly important subject to the global community. The editors have contextualized each of the five sections with foundational essays; each reading concludes with discussion topics, questions, and suggested readings. This book also includes Points of View sections-originally written perspectives by important authors in the field. Section I is a Health and Human Rights Overview that lays out the essential knowledge base and provides the foundation for the following sections. Section II brings in notions of concepts, methods, and governance framing the application of health and human rights, in particular the Human Rights-based Approaches to Health. Section III sheds light on issues of heightened vulnerability and special protection, stressing that the health and human rights record of any nation, any community, is determined by what is being done and not done about those who are most in need. Section IV focuses on addressing system failures where health and human rights issues have been documented, recognized, even at times proclaimed as priorities, and yet insufficiently attended to as a result of State denial, unwillingness, or incapacity. Section V examines the relevance of the health and human rights paradigm to a changing world, underscoring contemporary global challenges and responses. Finally, a Concluding Note brings together the key themes of this set of articles and attempts to project a vision of the future.

Michael A. Grodin, MD, is Professor of Health Law, Bioethics & Human Rights at the Boston University School of Public Health, Professor of Family Medicine and Psychiatry at the Boston University School of Medicine, and on Faculty of the Graduate School of Arts and Sciences at Boston University. Daniel Tarantola, MD, is a Visiting Professorial Fellow and former Professor of Health and Human Rights at the School of Public Health and Community Medicine, UNSWMedicine, University of New South Wales, Sydney, Australia. George J. Annas, JD, MPH, is William Fairfield Warren Distinguished Professor, Boston University, Chair of the Department of Health Law, Bioethics & Human Rights, Boston University School of Public Health, and Professor, Boston University School of Medicine, and Boston University School of Law. Sofia Gruskin, JD, MIA, is Professor of Preventive Medicine at the University of Southern California Keck School of Medicine and Professor of Preventive Medicine and Law at the University of Southern California Gould School of Law, and Adjunct Professor of Global Health, Harvard School of Public Health.

Acknowledgements, i Introduction, 1 I. Health and Human Rights Overview, 10 1. Health and Human Rights, 13 Jonathan Mann, Lawrence O. Gostin, Sofia Gruskin, Troyen Brennan, Zita Lazzarini, and Harvey V. Fineberg POINT of VIEW: Eleanor Roosevelt Drives By, 25 Michael Kirby 2. History, Principles and Practices of Health and Human Rights, 29 Sophia Gruskin, Edward J. Mills, and Daniel Tarantola 3. Human Rights Approach to Public Health Policy, 40 Daniel Tarantola and Sofia Gruskin POINT of VIEW: Health and Human Rights - A View from Nepal, 56 Paul Farmer 4. Health Systems and the Right to the Highest Attainable Standard of Health, 59 Paul Hunt and Gunilla Backman 5. Global Bioethics at UNESCO: In Defense of the Universal Declaration on Bioethics and Human Rights, 74 Roberto Andorno 6. The Nuremberg Doctors Trial (a) Opening Statement of the Prosecution, 83 Teleford Taylor (b) Excerpts from Judgment , 89 7. Global Health, 98 George J. Annas II. Concepts, Methods and Governance, 112 8. What Does Bringing Human Rights into Public Health Work Actually Mean in Practice Sofia Gruskin and Daniel Tarantola, 116 POINT of VIEW: Power, Suffering and Courts: Reflections on Promoting Health Rights through Judicialization, 127 Alicia Ely Yamin 9. Is Access to Essential Medicines as Part of the Fulfillment of the Right to Health Enforceable Through the Courts?, 130 Hans V. Hogerzeil, Melanie Samson, Jaume Vidal Casanovas, and Ladan Rahmani-Ocora POINT of VIEW: The Global Commission on HIV and the Law: Building Resilient HIV Responses, 141 Mandeep Dhaliwal 10. Human Rights, Health and Development, 144 Daniel Tarantola, Andrew Byrnes, Michael Johnson, Lynn Kemp, and Anthony Zwi 11. A Poverty of Rights: Six Ways to Fix the MDGs, 170 Malcolm Langford POINT of VIEW: A Failure to Act: Human Rights and the Social Determinants of Health, 182 Jeffrey O'Malley 12. Child Rights and Child Poverty: Can the International Framework of Children's Rights Be Used to Improve Child Survival Rates?, 185 Simon Pemberton, David Gordon, Shailen Nandy, Christina Pantazis, and Peter Townsend 13. Using Indicators to Determine the Contribution of Human Rights to Public Health Efforts, 193 Sofia Gruskin and Laura Ferguson 14. Mainstreaming Wellbeing: An Impact Assessment for the Right to Health, 204 Rebekah Gay 15. Pillars for Progress on the Right to Health: Harnessing the Potential of Human Rights Through a Framework Convention on Global Health, 225 Eric A. Friedman and Lawrence O. Gostin III. Heightened Vulnerability and Special Protection, 244 16. War and Human Rights, 248 George J. Annas and H. Jack Geiger 17. New Challenges for Humanitarian Protection, 259 Claude Bruderlein and Jennifer Leaning 18. Torture and Public Health, 268 Linda Piwowarczyk, Sondra Crosby, Denali Kerr, and Michael A. Grodin 19. Asylum Seekers, Refugees, and the Politics of Access to Health Care: A UK Perspective, 280 Keith Taylor 20. Prevalence and Correlates of Forced Sex Perpetration and Victimization in Botswana and Swaziland, 293 Alexander C. Tsai, Karen Leiter, Michele Heisler, Vincent Iacopino, William Wolfe, Kate Shannon, Nthabiseng Phaladze, Zakhe Hlanze, and Sheri Weiser POINT of VIEW: Indigenous Health is a Matter of Human Rights, 308 Tom Calma 21. Solitary Confinement and Mental Illness in U.S. Prisons: A Challenge for Medical Ethics Jeffrey L. Metzner and Jamie Fellner, 310 POINT of VIEW: Dual Loyalty in Clinical and Public Health Settings - The Imperative to Uphold Human Rights, 316 Leslie London 22. American Vertigo : "Dual Use," Prison Physicians, Research, and Guantanamo, 318 George J. Annas IV. Addressing System Failures, 331 23. Gender, Health and Human Rights, 333 Rebecca J. Cook POINT of VIEW: Sexuality, Health and Human Rights: Nothing Sacred, Nothing Assumed, 343 Alica Miller 24. Sexual Orientation, Gender Identity and International Human Rights Law: Contextualising the Yogyakarta Principles, 347 Michael O'Flaherty and John Fisher POINT of VIEW: Men Who Have Sex with Men, HIV, and Human Rights: A Call to Action, 376 Chris Beyrer 25. Reproductive Health as a Human Right: A Matter of Access or Provision?, 379 Sara Davies 26. Use of Human Rights to Meet the Unmet Need for Family Planning, 400 Jane Cottingham, Adrienne Germain, and Paul Hunt 27. Assisted Reproduction - Canada's Supreme Court and the "Global Baby", 414 George J. Annas POINT of VIEW: Enhancing the role of Men for Gender Equality and Reproductive Rights, 421 Aminata Toure 28. On the "Rights" Track: The Importance of a Rights-Based Approach to Reducing Maternal Deaths, 423 Helen de Pinho 29. Protection of Sexual and Reproductive Health Rights: Addressing Violence Against Women, 430 Claudia Garcia-Moreno and Heidi Stockl 30. Mental Health and Inequity: A Human Rights Approach to Inequality, Discrimination, and Mental Disability, 438 Jonathan Kenneth Burns POINT of VIEW: The Human Right to Water and Sanitation, 454 Pablo Solon 31. Governments in Times of Crisis: Neglecting to Uphold the Right to Nutrition, 456 Caludio Schuftan 32. Human Rights-Based Approach to Tobacco Control, 456 Carolyn Dresler, Harry Lando, Nick Schneider, and Hitakshi Sehgal V. Changing World, 463 33. Global Health and the Global Economic Crisis, 466 Solomon R. Benatar, Stephen Gill, and Isabella Bakker 34. Climate Change and Human Rights: A Rough Guide 2008, 481 Stephen Humphreys POINT of VIEW: Climate Change is an Issue of Human Rights, 493 Mary Robinson 35. Pandemics and Human Rights, 495 Gian Luca Burci and Riikka Koskenmaki 36. Bioterror and "BioArt" - A Plague o' Both Your Houses, 505 George J. Annas 37. Harm Reduction, HIV/AIDS, and the Human Rights Challenge to Global Drug Control Policy, 513 Richard Elliot, Joanne Csete, Evan Wood, and Thomas Kerr 38. Tuberculosis Control and Directly Observed Therapy from the Public Health/Human Rights Rerspective, 535 Anna-Karin Hurtig, John D. Porter, and Jessica A. Ogden 39. A Human Rights-Based Approach to Non-Communicable Diseases, 548 Helen Nygren-Krug POINT of VIEW: The Need for a New Convention on Health, 558 Anand Grover 40. Bias, Discrimination, and Obesity, 561 Rebecca Puhl and Kelly D. Brownell 41. Human Rights: A New Language for Aging Advocacy, 587 Russell E. Morgan, Jr. and Sam David Concluding Note, 598 Researching Health and Human Rights, 600 Credit lines, 602 About the Contributors, 606 About the Editors, 613 Index

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