Other Publications, Articles and Projects on the Right to Health
Publications
International Assistance and Cooperation in Sexual and Reproductive Health: A
Human Rights Responsibility for Donors
Judith Bueno de Mesquita and Paul Hunt
States' obligations under some international treaties extend beyond their
national borders to international assistance and cooperation for human rights,
including the rights to sexual and reproductive health, in other countries. This
publication focuses on what is expected of donors in the context of this
responsibility. It shows how many donors are taking important steps towards
fulfilling this duty through measures they are taking to integrate the rights to
sexual and reproductive health into their policies and programmes, but also
argues that many donors can also do more. The publication concludes with a set
of recommendations addressed to donors and their developing country partner
governments.
Human Rights Guidelines for Pharmaceutical Companies in relation to Access to
Medicines: the Sexual and Reproductive Health Context
Rajat Khosla and Paul Hunt
When Paul Hunt was UN Special Rapporteur (2002-2008), a recurrent theme in
his work was access to medicines. For the most part, he - and colleagues in the
Right to Health Unit - looked at the duties of States in relation to access to
medicines e.g. his report to the UN General Assembly A/61/338, dated 13
September 2006. However, States reported that when endeavouring to enhance
access to medicines the policies and practices of some pharmaceutical companies
were a very considerable obstacle. Thus, he was urged to prepare
access-to-medicines guidelines for pharmaceutical companies. After extensive
research and wide-ranging consultations over some years, Paul Hunt and Rajat
Khosla wrote 'Human Rights Guidelines for Pharmaceutical Companies in relation
to Access to Medicines'. These Guidelines were published by the UN General
Assembly in A/63/263, dated 11 August 2008. The present publication briefly
discusses medicines and sexual and reproductive health, in particular medicines,
HIV/AIDS and the human papillomavirus (HPV) - HPV being responsible for over 99%
of cervical cancers. In this context, the publication then introduces, and
reproduces, the 'Human Rights Guidelines for Pharmaceutical Companies in
relation to Access to Medicines' that were published by the General Assembly in
2008.
Participation and the right to the highest attainable standard of health
Dr Helen Potts
Active and informed participation is an integral component of health systems,
as well as the right to the highest attainable standard of health. Despite its
critical importance, health and human rights have not given participation the
attention it deserves. While some health researchers have made more headway than
those working in human rights, neither community has a widely accepted
understanding of what the process of participation means in practice. The
monograph is an accessible, practical, timely and original introduction to the
process of participation; the need for a variety of participatory mechanisms;
the relationship between fairness and transparency of the process; the
relationship between participation and accountability and participation in
accountability. The publication of the monograph was supported by the Ford
Foundation.
Conscientious Objection: Protecting Sexual and Reproductive Health Rights
Judith Bueno de Mesquita and Louise Finer
Healthcare providers' conscientious objection to involvement in certain
procedures is grounded in the right to freedom of religion, conscience and
thought. However, such conscientious objection can have serious implications for
the human rights of healthcare users, including their sexual and reproductive
health rights. This briefing paper examines the implications of conscientious
objection, by healthcare providers, for the protection of sexual and
reproductive health rights, and concludes with a set of recommendations for
States' policies and laws.
Health Systems and the Right to the Highest Attainable Standard of Health
Paul Hunt and Gunilla Backman
Today, there is growing recognition that a strong health system is an
essential element of a healthy and equitable society. However, health systems in
many countries are failing and collapsing. It is vital to find ways of
strengthening health systems. This briefing looks at health systems from the
perspective of the right to the highest attainable standard of health. It
outlines how this fundamental human right underpins and reinforces an effective,
integrated, accessible health system - and why this is important. In other
words, the briefing signals a right-to-health approach to health systems
strengthening.
Accountability and the Right to the Highest Attainable Standard of Health
Dr. Helen Potts
Accountability is a central feature of human rights. Despite its
critical role, little work has been done to explore its meaning and content.
Even less work has been done in the context of the right to health. As a
result, accountability is cloaked in misunderstandings. The monograph is
an accessible, practical and timely study, addressing these misunderstandings by
clarifying the process of accountability; the relationship between monitoring,
mechanisms and redress; and the pre-conditions for effective
accountability. The publication of the monograph was supported by OSI's Public
Health Program and Law and Health Initiative.
The Rights to Sexual and Reproductive Health
Paul Hunt and Judith Bueno de Mesquita
Sexual and reproductive health are among the most sensitive and controversial
issues in international human rights law, but they are also among the most
important. This publication examines the outcomes of the International
Conference on Population and Development held in Cairo in 1994 and the Fourth
World Conference on Women held in Beijing held in Beijing in 1995 that can be
applied alongside international human rights law standards in the context of
sexual and reproductive health rights.
Reducing Maternal Mortality: The contribution of the right to the highest
attainable standard of health
Paul Hunt and Judith Bueno de Mesquita
Over half a million women die each year due to complications during pregnancy
and birth. The vast majority of these deaths are preventable. Despite
longstanding international commitments to reducing maternal mortality, progress
to date has been disappointing. This publication introduces the contribution of
the right to the highest attainable standard of health to reducing maternal
mortality.
Neglected Diseases: A human rights analysis
Paul Hunt, Rebecca Steward, Judith Bueno de Mesquita and Lisa Oldring
Paul Hunt, Rebecca Steward, Judith Bueno de Mesquita and Lisa Oldring
researched on the human rights implications of neglected diseases. The report,
entitled
"Neglected diseases: A human rights analysis" was published as an issues
paper in 2007. This project was funded by the WHO-World Bank-UNDP Special
Programme for Research and Training in Tropical Diseases.
In 2004, Paul Hunt participated in the International Workshop on Intensified
Control of Neglected Diseases, held in Berlin. Paul Hunt prepared for this
conference, on the topic of
Neglected Diseases, Social Justice and Human Rights: Some Preliminary
Observations (PDF).
In March 2005, Paul Hunt undertook an
official mission to Uganda, where he focused on the issue of neglected
diseases. This mission was carried out in coordination with the World Health
Organization.
Our Right to the Highest Attainable Standard of Health
This briefing, entitled "Our Right to the Highest Attainable Standard of
Health" aims to provide a very short, concise and accessible introduction to the
right to the highest attainable standard of health. This project was a joint
initiative of the Human Rights Centre and the International Federation for
Health and Human Rights Organisations (IFHHRO). The briefing is available in
English,
French and
Spanish.
Articles
Health systems and the right to health: an assessment of 194 countries
Gunilla Backman, Paul Hunt, Rajat Khosla, Anna Protano-Briggs, Camila
Jaramillo- Strouss, Belachew Mekuria Fikre, Caroline Rumble, David Pevalin,
David Acurio Páez, Mónica Armijos Pineda, Ariel Frisancho, Duniska Tarco, Mitra
Motlagh, Dana Farcasanu, Cristian Vladescu
Published in The Lancet (13-19 December 2008), this report identifies some of
the right-to-health features of health systems and proposes 72 indicators that
reflect some of these features. Globally processed data on these indicators for
194 countries and national data for five countries (Ecuador, Mozambique, Peru,
Romania and Sweden) were collected. Globally processed data were unavailable for
18 indicators for any country, suggesting that organisations that obtain such
data give insufficient attention to the right-to-health features of health
systems. Where they are available, the indicators show where health systems need
to be improved to better realise the right to health. The report provides
recommendations for governments, international bodies, civil society
organisations, and other institutions and suggests that these indicators and
data, although not perfect, provide a basis for evaluating health systems and
monitoring the progressive realisation of the right to health. Right-to-health
features are not just good management, justice, or humanitarianism, they are
obligations under human rights law. Many of the features are reflected in the
Alma-Ata Declaration (1978) and the recent World Health Report on primary health
care (2008). In the same issue, The Lancet carries an editorial calling this "a
landmark report", as well as short articles by Navanethem Pillay (UN High
Commissioner for Human Rights), Amartya Sen (Harvard University), Hedia Belhadj
and Aminata Toure (UNFPA), and Ariel Frisancho and Jay Goulden (CARE Peru).
Right to the Highest Attainable Standard of Health (Comment, Vol. 370,
Lancet, pp.369-371)
The right to the highest attainable standard of health lies at the heart of
the health and human rights movement. Of course, this right does not provide
magic solutions to complex health issues, any more than do ethics or economics.
Nonetheless, the right to health has a crucial constructive role to play.
The Human Right to the Highest Attainable Standard of Health: New
Opportunities and Challenges (Transactions of the Royal Society of Tropical
Medicine and Hygiene (2006) 100, 603-607)
The health and human rights communities have much in common. Recently, the
international community has begun to devote more attention to the right to the
highest attainable standard of health (‘the right to health’). Today, this human
right presents health and human rights professionals with a range of new
opportunities and challenges. The right to health is enshrined in binding
international treaties and constitutions. It has numerous elements, including
the right to health care and the underlying determinants of health, such as
adequate sanitation and safe water. It empowers disadvantaged individuals and
communities. If integrated into national and international policies, it can help
to establish policies that are meaningful to those living in poverty.
Using All the Tools at Our Disposal: Poverty Reduction and the Right to the
Highest Attainable Standard of Health (Special Report, Development Outreach,
October 2006, pp.21-23)
For the most part, development practitioners fail to use the human rights
tools at their disposal in the struggle against poverty. Of course, neither
human rights nor anything else provide a magic solution to the immensely complex
problem of global poverty. Nonetheless, human rights have a constructive
contribution to make and a failure to use them is a missed opportunity of major
proportions. There has been some progress at the policy level, much less
progress at the operational level.
Projects
Draft human rights guidelines for pharmaceutical companies
Paul Hunt, UN Special Rapporteur on the right of everyone to the enjoyment of
the highest attainable standard of physical and mental health, has launched for
public consultation draft Human Rights Guidelines for Pharmaceutical Companies
in relation to Access to Medicines.
Consisting of some 50 provisions, the draft Guidelines were launched on 19
September 2007 at the University of Toronto, Canada. They are available for
comment until 15 May 2008. It is important that the consultative process is as
transparent as possible. Accordingly, we are approaching the authors of all
comments received on or before 25 February 2008 and asking permission to place
their comments in the public domain. All comments received after 25 February
will automatically be placed in the public domain.
Impact Assessments and the Right to Health (Completed Project)
UNESCO provided a grant for a short-term project to develop a methodology on
human rights and impact assessments, using the right to health as a case study.
Prof Paul Hunt and Gillian MacNaughton co-authored a report, entitled
Impact Assessment, Poverty and Human Rights: A Case Study Using the Right to the
Highest Attainable Standard of Health. This report was submitted to UNESCO
on 31 May 2006.
Medical Associations and the Right to Health (Completed Project)
The British Medical Association, in collaboration with MedAct, provided a
grant for a short-term project to research national medical association projects
supporting the right to health and health-related Millennium Development Goals.
The research focused particularly on support provided to national medical
associations in developing countries by their counterparts in developed
countries. The research findings are written up in a
report by Dr Octavio Ferraz.
International Assistance and Cooperation for the Right to Health (Completed
Project)
The British Medical Association, in collaboration with Medact, provided a
grant to support research on the duty of international assistance and
cooperation, enshrined in the International Covenant on Economic, Social and
Cultural Rights, and its relationship to the right to health. The research
examined this legal duty, its relationship with the Millennium Goals,
jurisprudence, and examples of its practical application by States. The research
culminated in a report by Dr Octavio Ferraz and Judith Mesquita,
"The Right to
Health and the Millennium Development Goals in developing
countries: A Right to International Assistance and Cooperation?"
Guidelines for the Medical Investigation of Victims of Torture (Completed
Project)
This project of the Human Rights Centre is carried out in close cooperation
with the Medical Foundation for the Care of Victims of Torture, and is funded by
the UK Foreign and Commonwealth Office. Paul Hunt is on the advisory board of
this project.
International Health Worker Migration and Human Rights (Completed Project)
Commissioned by MedAct, a UK-based
charity taking action on key global health issues, Judith Bueno de Mesquita
wrote a paper on the human rights implications of international health worker
migration, co-authoring with Matthew Gordon (London School of Hygiene and
Tropical Medicine). This project was funded by the British Medical Association
and Save the Children UK.
EU-China Human Rights Network Seminar: The rights to health and social
security (Completed Project)
In April 2004, the Human Rights Centre hosted a meeting of the EU-China Human
Rights Network on the topics of the right to health and social security. The
Right to Health Project coordinated the event and contributed three background
papers and working papers for the meeting.
Judith Bueno de Mesquita also participated as Seminar Co-Rapporteur in a
follow-up EU-China Human Rights Dialogue Seminar on the right to health and
HIV/AIDS, held in the Hague, Netherlands, on 8-9 November 2004.
This project is coordinated by the Irish Centre for Human Rights and the
Chinese Academy of Social Sciences. The Human Rights Centre, University of
Essex, is a member of the Steering Group. The project is funded by the European
Commission.
A Human Rights Approach to Health in the Context of Poverty Reduction
Strategies
Building on recent conceptual advances focusing on the operationalisation of
a human rights-based approach to health in the context of poverty reduction
strategy papers and current experiences in developing and implementing poverty
reduction strategies, this project will identify and analyze good practices for
the delivery of pro-poor health policies through the prism of a human
rights-based approach to health.
WHO is the lead institution in this project, and the Special Rapporteur is a
member of the core project steering group. The project will culminate in the
publication of a
handbook on a human rights approach to health in the context of poverty
reduction strategies, which will be published by WHO.