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, iIntroduction, 1I. Health and Human Rights Overview, 101. Health and Human Rights, 13Jonathan Mann, Lawrence O. Gostin, Sofia Gruskin, Troyen Brennan, Zita Lazzarini, and Harvey V. FinebergPOINT of VIEW: Eleanor Roosevelt Drives By, 25Michael Kirby2. History, Principles and Practices of Health and Human Rights, 29Sophia Gruskin, Edward J. Mills, and Daniel Tarantola3. Human Rights Approach to Public Health Policy, 40Daniel Tarantola and Sofia GruskinPOINT of VIEW: Health and Human Rights – A View from Nepal, 56Paul Farmer4. Health Systems and the Right to the Highest Attainable Standard of Health, 59Paul Hunt and Gunilla Backman5. Global Bioethics at UNESCO: In Defense of the Universal Declaration on Bioethics and Human Rights, 74Roberto Andorno6. The Nuremberg Doctors Trial(a) Opening Statement of the Prosecution, 83Teleford Taylor(b) Excerpts from Judgment , 897. Global Health, 98George J. AnnasII. Concepts, Methods and Governance, 1128. What Does Bringing Human Rights into Public Health Work Actually Mean in PracticeSofia Gruskin and Daniel Tarantola, 116POINT of VIEW: Power, Suffering and Courts: Reflections on Promoting Health Rights through Judicialization, 127Alicia Ely Yamin9. Is Access to Essential Medicines as Part of the Fulfillment of the Right to Health Enforceable Through the Courts?, 130Hans 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, 141Mandeep Dhaliwal10. Human Rights, Health and Development, 144Daniel Tarantola, Andrew Byrnes, Michael Johnson, Lynn Kemp, and Anthony Zwi11. A Poverty of Rights: Six Ways to Fix the MDGs, 170Malcolm LangfordPOINT of VIEW: A Failure to Act: Human Rights and the Social Determinants of Health, 182Jeffrey O’Malley12. Child Rights and Child Poverty: Can the International Framework of Children's Rights Be Used to Improve Child Survival Rates?, 185Simon Pemberton, David Gordon, Shailen Nandy, Christina Pantazis, and Peter Townsend13. Using Indicators to Determine the Contribution of Human Rights to Public Health Efforts, 193Sofia Gruskin and Laura Ferguson14. Mainstreaming Wellbeing: An Impact Assessment for the Right to Health, 204Rebekah Gay15. Pillars for Progress on the Right to Health: Harnessing the Potential of HumanRights Through a Framework Convention on Global Health, 225Eric A. Friedman and Lawrence O. Gostin III. Heightened Vulnerability and Special Protection, 24416. War and Human Rights, 248George J. Annas and H. Jack Geiger17. New Challenges for Humanitarian Protection, 259Claude Bruderlein and Jennifer Leaning18. Torture and Public Health, 268Linda Piwowarczyk, Sondra Crosby, Denali Kerr, and Michael A. Grodin19. Asylum Seekers, Refugees, and the Politics of Access to Health Care: A UK Perspective, 280Keith Taylor20. Prevalence and Correlates of Forced Sex Perpetration and Victimization in Botswana and Swaziland, 293Alexander C. Tsai, Karen Leiter, Michele Heisler, Vincent Iacopino, William Wolfe, Kate Shannon, Nthabiseng Phaladze, Zakhe Hlanze, and Sheri WeiserPOINT of VIEW: Indigenous Health is a Matter of Human Rights, 308Tom Calma21. Solitary Confinement and Mental Illness in U.S. Prisons: A Challenge for Medical EthicsJeffrey L. Metzner and Jamie Fellner, 310POINT of VIEW: Dual Loyalty in Clinical and Public Health Settings – The Imperative to Uphold Human Rights, 316Leslie London22. American Vertigo : "Dual Use," Prison Physicians, Research, and Guantanamo, 318George J. AnnasIV. Addressing System Failures, 33123. Gender, Health and Human Rights, 333Rebecca J. CookPOINT of VIEW: Sexuality, Health and Human Rights: Nothing Sacred, Nothing Assumed, 343Alica Miller24. Sexual Orientation, Gender Identity and International Human Rights Law: Contextualising the Yogyakarta Principles, 347Michael O’Flaherty and John FisherPOINT of VIEW: Men Who Have Sex with Men, HIV, and Human Rights: A Call to Action, 376Chris Beyrer25. Reproductive Health as a Human Right: A Matter of Access or Provision?, 379Sara Davies26. Use of Human Rights to Meet the Unmet Need for Family Planning, 400Jane Cottingham, Adrienne Germain, and Paul Hunt27. Assisted Reproduction – Canada’s Supreme Court and the "Global Baby", 414George J. AnnasPOINT of VIEW: Enhancing the role of Men for Gender Equality and Reproductive Rights, 421Aminata Toure28. On the "Rights" Track: The Importance of a Rights-Based Approach to Reducing Maternal Deaths, 423Helen de Pinho29. Protection of Sexual and Reproductive Health Rights: Addressing Violence Against Women, 430Claudia Garcia-Moreno and Heidi Stockl30. Mental Health and Inequity: A Human Rights Approach to Inequality, Discrimination, and Mental Disability, 438Jonathan Kenneth BurnsPOINT of VIEW: The Human Right to Water and Sanitation, 454Pablo Solon31. Governments in Times of Crisis: Neglecting to Uphold the Right to Nutrition, 456 Caludio Schuftan32. Human Rights-Based Approach to Tobacco Control, 456Carolyn Dresler, Harry Lando, Nick Schneider, and Hitakshi SehgalV. Changing World, 46333. Global Health and the Global Economic Crisis, 466Solomon R. Benatar, Stephen Gill, and Isabella Bakker34. Climate Change and Human Rights: A Rough Guide 2008, 481Stephen HumphreysPOINT of VIEW: Climate Change is an Issue of Human Rights, 493Mary Robinson35. Pandemics and Human Rights, 495Gian Luca Burci and Riikka Koskenmaki36. Bioterror and "BioArt" – A Plague o' Both Your Houses, 505George J. Annas37. Harm Reduction, HIV/AIDS, and the Human Rights Challenge to Global Drug Control Policy, 513Richard Elliot, Joanne Csete, Evan Wood, and Thomas Kerr 38. Tuberculosis Control and Directly Observed Therapy from the Public Health/Human Rights Rerspective, 535Anna-Karin Hurtig, John D. Porter, and Jessica A. Ogden39. A Human Rights-Based Approach to Non-Communicable Diseases, 548Helen Nygren-KrugPOINT of VIEW: The Need for a New Convention on Health, 558Anand Grover40. Bias, Discrimination, and Obesity, 561Rebecca Puhl and Kelly D. Brownell41. Human Rights: A New Language for Aging Advocacy, 587Russell E. Morgan, Jr. and Sam DavidConcluding Note, 598Researching Health and Human Rights, 600Credit lines, 602About the Contributors, 606About the Editors, 613Index

This is the most complete compendium on health and human rights - a much neglected and under-researched, but essential dimension of global health. It addresses both theoretical enquiries and very practical issues for a wide range of health practitioners.-Peter Piot, MD, PhD, Director and Professor of Global Health, London School of Hygiene & Tropical MedicineThis book is a timely and practical collection of the best thinking on the ethical and human rights issues that impact health policy decision making and implementation. It is required reading for anyone teaching or practicing public health.-Georges C. Benjamin, MD, Executive Director, American Public Health AssociationHealth and Human Rights is a monumental contribution. It speaks with insight and most comprehensively to the intersection between public health and human rights. This anthology, which covers a wide span of issues ranging from ethnic cleansing to HIV/AIDS, easily lends itself as an essential and timely learning and teaching resource for courses in the growing field of health and human rights.-Charles Ngwena, Centre for Human Rights, University of Pretoria, South AfricaHealth and Human Rights in a Changing World offers a masterly presentation of an extraordinary array of pertinent public health and human rights issues presented by key world experts on the topic that never before have been brought together in such a succinct and convincing manner. It is an absolute must for health experts, human rights lawyers and activists.-Eibe Riedel, Law and Bioethics, Universities of Heidelberg and MannheimEffective health policy and health advocacy at global and national levels - in health care and bioethics as well as public health practice - rests on a sound understanding of health rights and human rights. Health and Human Rights in a Changing World provides an impressive and definitive review of the field for students, teachers, scholars, health advocates and policy-makers. An authoritative resource for courses at all levels.-Roger Magnusson, Health, Law & Governance, University of Sydney, Law School