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Health and Human Rights

  • Published: September 2007
  • Region: Global
  • 628 Pages
  • Ashgate Publishing

This volume draws together significant articles addressing challenges of applying human rights to promote health in settings ranging from the local to the global. Essays explore determinants of ill-health, including poverty, gender, violence and stigma, examine ways of promoting self-determination in health, and show how courts have applied rights to improve access to health services.

About the Author/Editor
Rebecca J. Cook is Professor in the Department of Law, University of Toronto, Canada. Charles G. Ngwena is Professor in the Department of Constitutional Law, University of the Free State, South Africa.

Introduction;
Part I Understanding The Determinants of Health: Making health systems more equitable, Davidson R. Gwatkin, Abbas Bhuiya and Cesar G. Victora;
-Gender equity in health: debates and dilemmas, Lesley Doyal;
-'Cry the beloved continent...' exploring the impact of HIV/AIDS and violence on women's reproductive and sexual rights in Southern Africa, N.M. Naylor;
-The articulation of rights around sexuality and health: subaltern queer cultures in India in the era of Hindutva, Arvind Narrain;
-Disease stigma in US public health law, Scott Burris.

Part II Applications of Human Rights to Promote Health: The future in the mirror: incorporating strategies for the defence and promotion of economic, social, and cultural rights into the mainstream human rights agenda, Alicia Ely Yamin;
-Human rights and public health: dichotomies or synergies in developing countries? Examining the case of HIV in South Africa, Leslie London;
-Polygyny and HIV/AIDS: a health and human rights approach, L.M. Kelly;
-The never-ending paradoxes of HIV/AIDS and human rights, Michael Kirby;
-Mental disabilities and the human right to the highest attainable standard of health, Paul Hunt and Judith Mesquita;
-Mental health and due process in the Americas: protecting the human rights of persons involuntarily admitted and detained in psychiatric institutions, Lance Gable, -Javier Vásquez, Lawrence O. Gostin and Heidi V. Jiménez.

Part III Applications of Human Rights to Promote Self-Determination in Health: -Reconceiving pregnancy: expressive choice and legal reasoning, Erin Nelson;
-Northern Ireland's abortion law: the morality of silence and the censure of agency, Eileen V Fegan and Rachel Rebouche;
-Access to legal abortion: developments in Africa from a reproductive and sexual health rights perspective, Charles Ngwena;
-Adolescents and consent to treatment, B.M. Dickens and R.J. Cook.

Part IV The Role of the Courts in Determining Access to Health Services: Revisiting the judicial role in the allocation of health care resources: on deference, democratic dialogue and deliberation, K. Syrett;
-Women's access to healthcare: the legal framework, R.J. Cook and C.G. Ngwena;
-Just Medicare: the role of the Canadian courts in determining health care rights and -access, Colleen M. Flood;
-'Prioritization': rationing healthcare in New Zealand, Joanna Manning and Ron Paterson;
-Ensuring reasonable health: health rights, the judiciary and South African HIV/AIDS policy, Lisa Forman;
-Juridical action for the protection of collective rights and its legal impact: a case study, Enrique González MacDowell.

Part V Perspectives and Methodologies: Health and human rights: old wine in new bottles?, Gerald M. Oppenheimer, Ronald Bayer; and James Colgrove;
-Why health equity?, Amartya Sen;
-Poverty, equity, human rights and health, Paula Braveman and Sofia Gruskin;
-What does justice require for the public's health? Public health ethics and policy imperatives, Lawrence O. Gostin and Madison Powers;
-Benchmarks of fairness for health care reform: a policy tool for developing countries, -Norman Daniels, J. Bryant, R.A. Castano, O.G. Dantes, K.S. Khan and S. Pannarunothai;
-Using human rights in maternal mortality programs: from analysis to strategy, L.P. Freedman.

Part VI Globalized Dimensions of Health and Human Rights: Responsibility for global health, Allen Buchanan and Matthew Decamp;
-Governing the globalization of public health, Allyn L. Taylor; Shan women and girls and the sex industry in Southeast Asia: political causes and human rights implications, Chris Beyrer;
-The human rights implications of intellectual property protection, Audrey R. Chapman;
-Making access to pharmaceuticals a reality: legal options under TRIPS and the case of Brazil, Zita Lazzarini;

Name index.

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