Health and Human Rights in a Changing World

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.

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

Index