Health & Human Rights: Is Access to Medicines All We Got?
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Health & Human Rights: Is Access to Medicines All We Got? Benjamin Mason Meier, JD, LLM, PhD Assistant Professor of Global Health Policy University of North Carolina – Chapel Hill World AIDS Day November 30, 2009
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Health & Human Rights: Is Access to Medicines All We Got?. Benjamin Mason Meier, JD, LLM, PhD Assistant Professor of Global Health Policy University of North Carolina – Chapel Hill World AIDS Day November 30, 2009. Treatment for All. ?. Outline. Background – Health and Human Rights - PowerPoint PPT Presentation
Transcript of Health & Human Rights: Is Access to Medicines All We Got?
Health & Human Rights: Is Access to
Medicines All We Got?Benjamin Mason Meier, JD, LLM, PhDAssistant Professor of Global Health PolicyUniversity of North Carolina – Chapel Hill
World AIDS DayNovember 30, 2009
Treatment for All ?
Outline
1. Background – Health and Human Rights
2. Theory – Limited Evolution of the Right to Health to Codify Prevention
3. Analysis – Human Rights for Prevention
4. Discussion – A Rights-Based Approach to HIV Prevention
Background Theory Analysis Discussion
International Law
Public Health
Human Rights
Health & Human Rights
BACKGROUND Theory Analysis Discussion
Human Rights-Based Approach Human Right = Valid claim & Corresponding duty
Rights holder
Duty bearer
Demand of Rights
Programs to Realize
Rights
E.g.: “A woman has a valid claim to a right to health, which is realized through the duties of the national government to provide HIV Treatment.”
Goals – (1) Define duty-bearers and rights-holders, (2) Impose legal obligations on duty-bearers, (3) Inform rights-holders of their rights and how these rights can be claimed and enforced
BACKGROUND Theory Analysis Discussion
Health & Human Rights
• Human Rights Matter • Human Rights Evolve• Evolution of Rights in
International Law• Disease Prevention
through the Right to Health?
Health & Human Rights
International Law
Human Rights
Public Health
• The Health & Human Rights Movement
BACKGROUND Theory Analysis Discussion
The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being
Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.
International Legal Framework for HealthSecond World War
Four Freedoms
UN Charter
WHO ConstitutionUDHR
Background THEORY Analysis Discussion
• Article 25 – Medical care – Public health
“Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services…”
Universal Declaration of Human RightsSecond World War
Four Freedoms
UN Charter
WHO Constitution
UDHR
Background THEORY Analysis Discussion
UDHR (1948)
Evolution of the Right to Health
ICESCR (1966)
Declaration of Alma-Ata
(1978)
Background THEORY Analysis Discussion
• From Legal Obligation to Non-Binding “Commitment”
• Human Right to Health
Treatment
• “Exceptional” Funding Distortions
Legacy of Human Rights Neglect• Right to Health Does Not
Address Underlying Determinants of Health
• Dismantling Health Systems – Exacerbating Health Inequalities
MDGs for Health ✗
Background Theory ANALYSIS Discussion
Human Rights for Prevention?Is a Right to Medicines All We’ve Got?
• From Collective to Individual Models– Structural determinants of
health & Prevention– Primary health care– Curative medicine
• Prevention as a Means to – Individual Health
Capability – Collective Utility
From Public Health Discourses to Human Rights Obligations
Background Theory ANALYSIS Discussion
E.g.: “A state has a valid claim to a collective health rights, which are realized through the duties of the international community to provide HIV Prevention.”
Collective Rights-Based Approach Human Right = Valid claim & Corresponding duty
Rights holder
Duty bearer
Demand of Rights
Programs to Realize
Rights
Background Theory Analysis DISCUSSION
= Treatment + Prevention
Background Theory ANALYSIS Discussion
Vaccine
Test +
Background Theory Analysis DISCUSSION
Treatment
Prevention
MicrobicidesPrEPs
Condoms
Circumcision
Social Measures
Education
Research
Treatment (+ Prevention)for All
Benjamin Mason MeierAssistant Professor of Global Health Policy
University of North Carolina – Chapel Hill
