Values, Policies and Rights

Access to essential medicines as a human right
Essential Drugs Monitor, Issue No. 33, 2003

The right to health facilities, goods and services specifically includes the provision of essential medicines as defined by WHO. The Human Rights Approach should be incorporated in all national medicine policies and programmes, the selection of medicines for essential public health functions should be further refined, States parties’ international reporting obligations on access to essential medicines should be strengthened, and national NGOs should be empowered to put pressure on governments to fulfil their commitments and obligations under the international and national human rights instruments they have signed and ratified.

** Health rights as a tool for health equity
Abstract of paper presented at the Equinet conference, Durban, 8-9 June 2004, by Leslie London, University of Cape Town, EQUINET theme co-ordinator

Most public health practitioners acknowledge the value of human rights in promoting human well-being. However, there is potential for tension between human rights approaches and public health objectives such as equity, access and efficiency, particularly in developing countries where resource constraints exacerbate balancing of competing priorities. This potential tension may stem from inappropriate conceptualizations of human rights and how they should be operationalised in a public health context. For example, where human rights are conceived as individual entitlements, public health officials could erroneously equate this to favouring individuals over the welfare of the community to the detriment of equity. Health and health care are recognized as human rights, which span the full range of civil, political and socio-economic rights, many of which are essential requirements for health.

Further details: /newsletter/id/30452
Reproductive Health and Human Rights: Integrating Medicine, Ethics, and Law
Rebecca J. Cook, Bernard M. Dickens and Mahmoud F. Fathalla

The concept of reproductive health promises to play a crucial role in improving health care provision and legal protection for women around the world. Here now is an authoritative and much-needed introduction to and defence of the concept that, though internationally endorsed, is still contested by conservative agencies. The authors of this book are leading authorities on reproductive medicine, women's health, human rights, medical law, and bioethics: they integrate their disciplines to provide an accessible but comprehensive picture.

Gender based violence and the risk of HIV infection

Gender-based violence and gender inequality are increasingly cited as important determinants of women's HIV risk; yet empirical research on possible connections remains limited. No study on women has yet assessed gender-based violence as a risk factor for HIV after adjustment for women's own high-risk behaviours, although these are known to be associated with experience of violence. Women with violent or controlling male partners are at increased risk of HIV infection. Research suggests that abusive men are more likely to have HIV and impose risky sexual practices on partners. Research on connections between social constructions of masculinity, intimate partner violence, male dominance in relationships, and HIV risk behaviours in men, as well as effective interventions, are urgently needed. (Access to this article requires registration.)

Globalization, Health, WHO and IMF/WB

The World Health Organisation should be faithful to its Constitution, making health care and access to health care a human right, confronting powerful governments including the US government, which is in clear violation of the WHO Charter's instruction that member countries should ensure their citizens' access to health care in time of need. WHO should regain its credibility and moral standing, and could include growing movements of protest such as the anti-globalisation movement that are providing pointers to another possible world. Membership of WHO should be conditional on governments' acceptance of a whole set of principles and practices, including the promotion of health as a human right and the obligations deriving from this right. This is according to an article "The world situation and WHO", published in the Lancet.

Health research and human rights in South Africa

The death of apartheid - symbolised by the multiracial elections in South Africa on April 27, 1994 - was a defining moment of the 20th century. The tenth anniversary of this event is a time to consider how well the post-apartheid government is fostering health and human rights through reforms in health research policy. The realisation of health care depends, to an extent, on the formulation of a rational and responsive national research agenda; this has proven a challenge in post-apartheid South Africa. Notwithstanding its laudable attempts to redress the country's skewed national health research agenda, only when the South African government commits itself to transparent, competent research leadership free of ideological bias will the country truly graduate from erstwhile pariah nation to celebrated champion of health and human rights. (This article requires registration.)

Call for Action on HIV/AIDS-related Human Rights Abuses against Women and Girls in Africa

This report from Human Rights Watch details cases of abuse of women and girls that increase susceptibility to HIV/AIDS. It reviews regional and national legal regimes and makes recommendations for policy action against manifestations of HIV/AIDS human rights abuses against women and girls. The cases demonstrate that the illness, mortality, abuse, and stigma associated with HIV/AIDS are due, to a large extent, to a long tradition of subordination and violent abuse of women and girls in Africa. It argues that reformed national laws and policies to date have not been effective in counteracting this tradition and abusive practices condoned in customary law have exacerbated the problem.

Using the constitution for social justice in Africa

Zackie Achmat, the leader of the Treatment Action Campaign (TAC), spoke at the Centre for Civil Society's first Harold Wolpe Memorial lecture for 2004. Achmat is famous for his passionate advocacy for wider access to HIV treatment in South Africa and globally. Strategic use of South Africa's Constitutional provision for the right to access to health care has always been key to TAC's campaigns. As South Africa moves towards celebrating ten years of a constitutional democracy, it was apt that such a high-profile civil society leader discussed the use of the constitution as a tactic to engage with the government on development issues. In this review, the authors summarise Achmat's talk, the interesting critiques from the floor and offer their own critical analysis of the lecture and discussion which followed it.

Basic services, democracy and human rights
Seminar report

The challenge for human rights academics, activists, and advocates is to make human rights relevant to the issue of privatisation of basic services. The human rights framework must be used to ensure that privatising basic services does not result in the denial of rights. This was identified as one of the challenges at a seminar hosted by the Socio-Economic Rights Project and the Local Government Project of the Community Law Centre on 2–3 October 2003, at the University of the Western Cape. The seminar looked at the privatisation of basic services, democracy and human rights. The need for collaborative efforts with social movements and community organisations for effective use of legal strategies in challenging ill-planned privatisation policies was emphasised.

Health and Human Rights Publication
An International Journal Announcement

The FXB Centre has published Health and Human Rights since 1994. The journal explores the reciprocal influences of health and human rights, including the impact public health programs and policies have on human rights, the consequences human rights violations have on health, the importance of health in realizing human rights, and the ways in which human rights can be integrated into public health strategies. Health and Human Rights may provide free or reduced-price, two-year subscriptions for individuals in developing countries upon request. Some institutions in developing countries - NGOs, universities, and libraries with restricted budgets - may also be eligible for a free or reduced-price subscription.

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