3rd Edition

Health and Human Rights in a Changing World

    664 Pages
    by Routledge

    664 Pages
    by Routledge

    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.

    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



    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.

    This is the most complete compendium on health and human rights - a much neglected and under-researched, but essential dimension of global health. It addresses both theoretical enquiries and very practical issues for a wide range of health practitioners.

    -Peter Piot, MD, PhD, Director and Professor of Global Health, London School of Hygiene & Tropical Medicine

    This book is a timely and practical collection of the best thinking on the ethical and human rights issues that impact health policy decision making and implementation. It is required reading for anyone teaching or practicing public health.

    -Georges C. Benjamin, MD, Executive Director, American Public Health Association

    Health and Human Rights is a monumental contribution. It speaks with insight and most comprehensively to the intersection between public health and human rights. This anthology, which covers a wide span of issues ranging from ethnic cleansing to HIV/AIDS, easily lends itself as an essential and timely learning and teaching resource for courses in the growing field of health and human rights.

    -Charles Ngwena, Centre for Human Rights, University of Pretoria, South Africa

    Health and Human Rights in a Changing World offers a masterly presentation of an extraordinary array of pertinent public health and human rights issues presented by key world experts on the topic that never before have been brought together in such a succinct and convincing manner. It is an absolute must for health experts, human rights lawyers and activists.

    -Eibe Riedel, Law and Bioethics, Universities of Heidelberg and Mannheim

    Effective health policy and health advocacy at global and national levels - in health care and bioethics as well as public health practice - rests on a sound understanding of health rights and human rights.  Health and Human Rights in a Changing World provides an impressive and definitive review of the field for students, teachers, scholars, health advocates and policy-makers.  An authoritative resource for courses at all levels.

    -Roger Magnusson, Health, Law & Governance, University of Sydney, Law School