HUMAN RIGHTS Medical humanities II 2014-2015 Prof. Marija Definis-Gojanović, MD, Ph.D

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Transcript of HUMAN RIGHTS Medical humanities II 2014-2015 Prof. Marija Definis-Gojanović, MD, Ph.D

  • Slide 1
  • HUMAN RIGHTS Medical humanities II 2014-2015 Prof. Marija Definis-Gojanovi, MD, Ph.D.
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  • Human rights violations Human rights violations occur when actions by state (or non-state) actors abuse, ignore, or deny basic human rights (including civil, political, cultural, social, and economic rights). Breaches of International humanitarian law represent the most serious of human rights violations.
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  • All human beings are born free and equal in dignity and rights The Universal Declaration of Human Rights
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  • The prohibition of torture and inhuman or degrading treatment or punishment is absolute; such a fundamental right deserves no exceptions or limitations Article 3 imposes a negative obligation - not to inflict torture, inhuman or degrading treatment or punishment The article also creates a positive obligation - State must take measures to protect its citizens
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  • Substantive rights
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  • Future generations In 1997 UNESCO adopted the Declaration on the Responsibilities of the Present Generation Towards the Future Generation.UNESCO
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  • National security With the exception of non-derogable human rights, the UN recognizes that human rights can be limited or even pushed aside during times of national emergency Relativism and universalism Relativists argue that human rights must avoid pushing the values of a single culture at the expense of others Universalists argue that human rights have always existed
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  • The Human Rights Protection of Vulnerable Groups Groups that are structurally discriminated against and groups that have difficulties defending themselves are: 1) women and girls; 2) children; 3) persons deprived of their liberty; 4) refugees; 5) internally displaced persons; 6) stateless persons; 7) national minorities; 8) indigenous peoples; 9) migrant workers; 10) disabled persons; 11) elderly persons; 12) HIV positive persons and AIDS victims; 13) Roma/Gypsies/Sinti; 14) lesbian, gay and transgender people........
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  • Convention on the Rights of Persons with Disabilities international human rights treaty of the UNinternational human rightstreaty intended to protect the rights and dignity of persons with disabilites global movement from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights.
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  • Convention on the Rights of Persons with Disabilities adopted by the UN General Assambly 2006, came into force on 3 May 2008. As of September 2014, it has 159 signatories and 151 parties
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  • Convention on the Rights of Persons with Disabilities The purpose of the present 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.
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  • "Discrimination on the basis of disability" means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
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  • Article 5 - Equality and non- discrimination 2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. 3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided. 4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.
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  • Article 6 - Women with disabilities 1. States Parties recognize that women and girls with disabilities are subject to multiple discrimination, and in this regard shall take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms. 2. States Parties shall take all appropriate measures to ensure the full development, advancement and empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the human rights and fundamental freedoms set out in the present Convention.
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  • Article 7 - Children with disabilities 1. States Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. 2. In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration. 3. States Parties shall ensure that children with disabilities have the right to express their views freely on all matters affecting them, their views being given due weight in accordance with their age and maturity, on an equal basis with other children.
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  • Article 9 - Accessibility 1. To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas.
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  • Article 25 - Health States Parties recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability. States Parties shall take all appropriate measures to ensure access for persons with disabilities to health services that are gender-sensitive, including health-related rehabilitation.
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  • In particular, States Parties shall: Provide persons with disabilities with the same range, quality and standard of free or affordable health care and programmes as provided to other persons, including in the area of sexual and reproductive health and population-based public health programmes; Provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimize and prevent further disabilities, including among children and older persons.
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  • Require health professionals to provide care of the same quality to persons with disabilities as to others, including on the basis of free and informed consent by, inter alia, raising awareness of the human rights, dignity, autonomy and needs of persons with disabilities through training and the promulgation of ethical standards for public and private health care; Prohibit discrimination against persons with disabilities in the provision of health insurance, and life insurance where such insurance is permitted by national law, which shall be provided in a fair and reasonable manner.
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  • Rights of people with mental illness/mental disability/psychiatric disorders Much of the hardship experienced by people with mental disabilities, however, is caused by discrimination and the absence of legal protections against improper and abusive treatment.
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  • All persons with a mental illness, or who are being treated as such persons, shall be treated with humanity and respect for the inherent dignity of the human person. Principles for the Protection of Persons with Mental Illness
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  • People with mental disabilities are often deprived of liberty for prolonged periods of time without legal process; subjected to peonage and forced labor in institutions; subjected to neglect in harsh institutional environments and deprived of basic health care; victimized by physical abuse and sexual exploitation; and exposed to cruel, inhuman or degrading treatment.
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  • People with mental disabilities are often denied opportunities to receive an education, to work, or to enjoy the benefits of public services or other accommodations. In many cases, the laws do not actively discriminate against people with mental disabilities, but they may place improper or unnecessary barriers or burdens on individuals with mental disabilities.
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  • In some countries, people with mental disabilities are subject to de jure discrimination the arbitrary denial of rights that are afforded to all other citizens. Improper discrimination may also take place against people with no disability at all if they are improperly viewed as having a mental disorder, or if they once experienced a mental disorder earlier in life.
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  • In 1993, the World Conference on Human Rights meeting in Vienna reemphasized the fact that