Two bills recently tabled in the South Africa Parliament are set to shake up the private hospital industry and centralise decision-making over hospital tariffs as well as the regulation of new medicines and scientific trials within the health minister’s office. The National Health Amendment Bill (health bill) and the Medicines and Related Substances Amendment Bill (medicines bill) were both published in April and there is widespread agreement that they are the most important pieces of health legislation to be proposed in recent years. The article presents the changes and the debate around the bills.
Values, Policies and Rights
SA Health minister to assume more powers if new bills are passed
Thom A: Health-e News, 17 June 2008
WHO Secretariat's publications policy questioned at board meeting
SUNS, 30 May 2008
Among the questions raised at the WHO's 123rd Executive Board meeting were the need and rationale for the new publications policy, what the present policy is, and what will be the criteria for determining which issues have "policy implications for the Organisation" and which comprise "controversial health related issues" and thus have to go through additional clearance by the Director-General's Office. Other concerns raised included how the centralisation of the clearance process may remove the clearance authority of the WHO's regional directors, the broad definition of the term "publications" as it covers "materials that are issued by WHO to the public in whatever format and through whatever channel" including advocacy and training materials, how the policy will affect timely support by WHO to countries, and concerns about "self-censorship" as a result of the policy and transparency in the process.
Further details: /newsletter/id/33212
A Critical Review of Uganda’s Draft Industrial Property Bill
Medicine Access Digest 4 (1), March 2008
Most Ugandans are likely to go without essential medicines if the government does not take advantage of the flexibility provisions of the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the process of enacting the national intellectual property (IP) law. HEPS-Uganda’s review of the draft Industrial Property Bill 2007 established that while the draft bill attempts to incorporate the TRIPS flexibilities, some of them were drafted in a restrictive style such that Uganda may not derive maximum flexibility as envisaged by TRIPS Agreement, the Doha Declaration and other non-legally binding instruments.
Activists voice concern over WHO's publications policy
Afronets, 30 May 2007
Some thirty-five civil society organisations have voiced serious concerns over the World Health Organization's publications policy, arguing that the proposed policy, if implemented, will result in a tendency towards self-censorship by the WHO and its staff and HQ offices, to the detriment of the needs and interests of public health, especially in developing countries. They are also very concerned that this policy will hamper timely advice and support by WHO HQ and regional offices to member states over important issues such as application of intellectual property rights and the use of TRIPS flexibilities, other trade and health matters, reproductive health care and other critical issues.
Convention on the Rights of Persons with Disabilities
Human Rights Education Associates, 3 May 2008
The Convention on the Rights of Persons with Disabilities was adopted by General Assembly resolution A/RES/61/611 in 2006 and entered into force on 3 May 2008. The purpose of the Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
Should intentional infection be a crime?
PlusNews, 26 May 2008
Proposed reforms to Angola's Penal Code have divided opinion in the country about whether HIV-positive people who intentionally infect others with the virus should be punished.The law under discussion calls for a sentence of between three and 10 years in prison for those who knowingly pass on infectious diseases, including HIV. Some argue that the law will act as a deterrent; others say it will bring more problems than benefits.
A rights-based approach for advocacy on access to essential medicines
Cepuch, C
In Kenya, access to essential medicines is ensured legislatively for HIV, TB and malaria specifically, but delivery is patchy. The situation is improving, but not universally, and there is a continued assault on the IP Act and generic procurements by those who want to profit from selling essential drugs for the poor. Access to medicines is an issue that needs a balance between political will and public involvement/civil society demands. Civil society can demand their rights are realised through campaigns to implement the WTO rules that were designed to protect peoples' access to essential medicines and by stopping the assaults on the procurement of generics, increasing the availability of essential medicines, funding research and development for the medicines we need and abolishing taxes on essential medicines. Providing free essential medicines is the only affordable option for most of the population. This report was presented at the Africa Regional Civil Society meeting on the IGWG on Public Health, Innovation and Access, in Nairobi, Kenya, 28–29 August, 2007.
Call to Action and Youth Statement
Third African Conference on sexuality health and rights, Abuja, Nigeria, 4-7 February 2008
Participants at the Africa Conference on Sexual Health and Rights affirm that Sexual Rights are an integral and inalienable part of basic Human Rights. This requires that African states be accountable to their citizens for their sexual health and rights. Participants also called for increased accountability across the African continent at all levels – governments, institutions, civil society, communities, families and individuals.
Changing gendered norms about women and girls at the level of household and community: a review of the evidence
Keleher H, Franklin L: Global Public Health 3(S1):42-57, 2008
Gendered norms are embedded in social structures, operating to restrict the rights, opportunities, and capabilities, of women and girls, causing significant burdens, discrimination, subordination, and exploitation. This review, developed for the Women and Gender Equity Knowledge Network of the WHO Commission on the Social Determinants of Health, sought to identify the best available research evidence about programmatic interventions, at the level of household and community, that have been effective for changing gender norms to increase the status of women. The focus was on developing countries. Key themes were identified: education of women and girls; economic empowerment of women; violence against women, including female genital mutilation/cutting; and men and boys. A key finding is, that targeting women and girls is a sound investment, but outcomes are dependent on integrated approaches and the protective umbrella of policy and legislative actions.
Gender, health, and human rights in sites of political exclusion
Laurie M, Petchesky RP: Global Public Health 3(S1):25-41, 2008
In this paper, authors investigate the intersections of gender, health and human rights in sites of political exclusion. The paper presents how the recent 'war on terror' is driving health outcomes in refugee and Internally Displaced Persons (IDP) camps. The evidence presented reveals a number of contradictions of refugee and IDP camps, further highlighting the need for a more rights based humanitarianism. The authors conclude that foregrounding states of exception, as a way of understanding current gender dynamics in the social determinants of health, is both epidemiologically necessary and conceptually useful. In these sites of exclusion, the indispensability of a human rights approach to gender and health equity issues is revealed most directly.