A Thematic Guide to Documents on Health and Human Rights


Book Description

This publication is the second volume of Thematic Human Rights Guides published under the auspices of the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. The aim of the Guides, as the title implies, is to facilitate the use of international human rights standards by their systematic presentation. Rather than reproducing full texts of various instruments, substantive standards are grouped according to subject-matter in order to enable users to quickly and easily locate the topic they may be looking for. A detailed index, with references to the many international instruments which address the same issue, reinforces this thematic approach. The choice of human rights and health for the second volume in this series highlights the aim of the Guides: to map out the entire range of human rights and fundamental freedoms as they relate to a specific topic. The sheer size of this volume illustrates the number and variety of human rights standards relevant for health. Many of these standards have been generated by organizations dealing with health rather than human rights, and quite a few are found under medical ethics rather than human rights. Subsuming medical ethics under international human rights law is a novel development, pioneered by the Council of Europe. Elsewhere, the two fields remain separate and the publication of this Guide is intended to overcome this separation. Documents have been included which provide an understanding of human rights within the health profession (such as guidance to medical doctors with regard to abortion adopted by the International Medical Association) and those human rights safeguards that have been elaborated to prevent abuses by health professionals (such as those concerning mental health). All of these standards provide a substantive background for inter-professional dialogue on the evolving understanding of human rights. A Thematic Guide to Documents on Health and Human Rights reflects the full range of issues encompassed by human rights and health. Besides the right to health, a wide range of rights and freedoms can be - and is - affected by the health sector. Priority has been accorded to the crucial human rights safeguards, namely those specifying protection against undue limitations or restrictions upon human rights. Much as with any other human rights topic, those safeguards are best developed for categories that are most vulnerable to denials and violations of their rights. Detainees, prisoners, victims of armed conflicts, children and the mentally ill thus figure prominently.







A Thematic Guide to Documents on the Human Rights of Women


Book Description

"A Thematic Guide to Documents on the Human Rights of Women" is the first volume in a new series: "The Raoul Wallenberg Institute Human" "Rights Guides," As the term guide' implies, the series will facilitate orientation in international human rights standards by presenting the content of substantive standards in a systematic way. The Guides map out the entire range of human rights and fundamental freedoms as they relate to specific categories of beneficiaries. Future volumes will be devoted to children, minorities, indigenous peoples, detainees, migrants, and so on. Volumes are also planned to deal with health, information, and humanitarian relief, in which the category of beneficiary is open ended. In all such areas, those who are professionally involved in human rights activities need guidance to substantive standards, which are neither widely known nor readily accessible. This first volume establishes the structure to be followed by future Guides. Part 1 groups the relevant provisions from different instruments according to specific rights and freedoms. Part 2 supplies a chronological list of all the instruments that have been excerpted in Part 1, enabling the user to locate the entire document if wished. Part 3 contains an extensive index of all relevant provisions.




Economic, Social and Cultural Rights in International Law


Book Description

Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights.




Max Planck Yearbook of United Nations Law, Volume 8 (2004)


Book Description

Volume eight comprises topics like the United Nations system of the use of force; the U.S. bilateral non-surrender agreements in relation to the ICC; developing countries, non-traditional intellectual property rights and the WIPO; and fact-finding by UN human rights complaints bodies.




Health, Rights and Dignity


Book Description

The idea that there is such a thing as a human right to health has become pervasive. It has not only been acknowledged by a variety of international law documents and thus entered the political realm but is also defended in academic circles. Yet, despite its prominence the human right to health remains something of a mystery - especially with respect to its philosophical underpinnings. Addressing this unfortunate and intellectually dangerous insufficiency, this book critically assesses the stipulation that health is a human right which - as international law holds - derives from the inherent dignity of the human person. Scrutinising the concepts underlying this stipulation (health, rights, dignity), it shall conclude that such right cannot be upheld from a philosophical perspective.




Ethical Issues in Prison Psychiatry


Book Description

Recent surveys demonstrate a high and possibly increasing prevalence of mental disorders in prisoners. They have an increased risk of suffering from a mental disorder that transcends countries and diagnoses. Ethical dilemmas in prison psychiatry arise from resource allocation and include issues of patient choice and autonomy in an inherently coercive environment. Ethical conflicts may arise from the dual role of forensic psychiatrists giving raise to tensions between patient care/protection of the public.This book describes models and ethical issues of psychiatric healthcare in prison in several countries. Relevant issues are: the professional medical role of a psychiatrist and/or psychotherapist working in prison, the involvement of psychiatrists in disciplinary or coercive measures; consent to treatment, the use of coercion in forcing a prisoner to undergo treatment, hunger strike, confidentiality. The book ends with consensus guidelines concerning good practice in Prison Psychiatry.




Exploring Social Rights


Book Description

Exploring Social Rights looks into the theoretical and practical implications of social rights. The book is organised in five parts. Part I considers theoretical aspects of social rights, and looks into their place within political and legal theory and within the human rights tradition; Part II looks at the status of social rights in international law, with reference to the challenge of globalisation and to the significance of specific regional regulation (such as the European System); Part III includes discussions of various legal systems which are of special interest in this area (Canada, South Africa, India and Israel); Part IV looks at the content of a few central social rights (such as the right to education and the right to health); and Part V discusses the relevance of social rights to distinct social groups (women and people with disabilities). The articles in the book, while using the category of social rights, also challenge the separation of rights into distinct categories and question the division of rights to 'civil' vs 'social' rights, from a perspective which considers all rights as 'social'. This book will be of interest to anyone concerned with human rights, the legal protection of social rights and social policy. 'Social rights are the stepchildren of the human rights family. Are they really 'rights'? Can courts enforce them? And does it make any difference when they try? This remarkable collection of essays by distinguished scholars offers important new responses to all the basic questions. Ranging across disciplinary and national boundaries and brimming with both theoretical and practical insights, the book is especially welcome in this moment of mounting inequalities and growing interest in the possibilities and perils of social rights.' William E Forbath, Lloyd M Bentsen Chair in Law and Professor of History, University of Texas at Austin 'At the auspicious moment of the sixtieth anniversary of the Universal Declaration of Human Rights, and more than half a century since the beginning of the Human Rights Revolution–a time characterized by the end of the cold war, globalization and privatization, comes this important compilation which critically revisits the international commitment to social rights, and reconceives its core distinguishing principles–from crosscutting comparative, theoretical and practical perspectives–illuminating our commitment to human security.' Ruti Teitel, Ernst Stiefel Professor of Comparative Law, New York Law School. Author, 'Transitional Justice' (OUP 2002)




Perspectives on Health and Human Rights


Book Description

This anthology of articles collected by a cast of award-winning scholars in the field of public health illustrates that promoting and protecting human rights is fundamental to promoting and protecting health. New issues covered in this volume include: emerging technologies; family and health; responding to violence; and methods and strategies.




Reproductive Freedom


Book Description

This is the first book to provide a comprehensive investigation of reproductive freedom in the light of contemporary international law. The author discusses reproductive freedom in the context of feminist legal theory, international human rights and humanitarian law. This holistic approach makes the book unique and enhances its value as a comprehensive resource on the most challenging and contentious issues of our time, i.e., legal abortion, medically assisted reproduction, surrogate motherhood, forced pregnancy during armed conflicts, and many others. The author's aim is to advance current debates about gender equality and reproductive rights, and to deepen the analysis of the legal concepts involved. In surveying the international commitment to women's rights and examining critically the way in which international global and regional human rights bodies and ad hoc international tribunals deal with issues pertaining to reproductive freedom and sexual violence, this volume makes clear to what extent contemporary international law norms may be used as a tool for change, and how they need to be adapted to meet the special needs of girls and women worldwide. Finally, the book explores what improvements are necessary to prevent and protect adolescents, women and men, against violation of their reproductive freedom.