Health as a Human Right

Introduction

We use the discourse of rights to give voice to our claims and to mobilise around our claims. Speaking about health as a human right is a way of replacing prevailing constructions of health: (i) health as a factor of production (ie health should be improved because (and if) it contributes to economic development) and (ii) health as an issue of rich world security (ie increase donor funding to the poor world in order to maintain the stability of an existing unfair system).

There are some binding legal instruments at the national and international levels which can be used to prevent breaches of human rights (including the right to health) and to seek redress when breaches do occur. However, rights are not secured just because they are a good thing. Popular mobilisation is critical in getting the legal agreements in place as well as ensuring that they are enforced. The Doha Declaration on trade and public health provides us with some rhetorical leverage in relation to access to HIV/AIDS drugs. It may also have some legal force but only if the popular movement is there to force big pharma and the US to conform to the principles of the statement.

This module explores the concepts of claim holders, duty bearers, their reciprocal relationships (called pattern analysis) and capacity analysis (also called accountability analysis) in the human rights discourse.

Learning objectives

Participants will:

• be more familiar with existing international covenants that give legal force to the right to health;
• understand more deeply the basic principles of the human rights approach to the struggle for health;
• be more familiiar with case studies where the rights approach has been used successfully
• be more confident in analysing health issues in terms of the rights framework and in developing strategies for ensuring the realisation of the right to health;
• be more familiar with the PHM RTH campaign and the objectives, strategies and timelines associated with country by country participation in the campaign.

Presentations

The Right to Healthcare Campaign (Laura Turiano at Savar, Nov 2007)

Readings

Universal Declaration of Human Rights;

UN High Commission for Human Rights;

Special Rapporteur of the Commission on Human Rights on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health;

The PHM India (JSA) Right to Health Care Campaign;

The denial of the right to health and to health care of Australian Indigenous peoples provides a clear case study. See the 2005 report of the Aboriginal and Torres Strait Islander Social Justice Commissioner.

Essays on Food, Hunger & Nutrition, Primary Health Care and Development

WHO on Health and Human Rights

North South Institute (2007) The Global Right to Health

Peoples Charter for Health

Capacity Analysis: Complementing situation analyses to foster accountability

The HR discourse in health

Methods for applying a HRBAP

What is the Rights Based Approach all about? Perspectives from International Development Agencies by Celestine Nyamu-Musembi and Andrea Cornwall - 2004. IDS Working Paper # 234

References

Jonsson, U., HR approach to development programming, UNICEF, Kenya, 2003, ISBN: 9789280637908.

Gruskin, S., et al, Perspectives on health and HR, Routledge, Taylor and Francis, 2004, ISBN: 0 415 94807 X.

Discussion questions

What is the difference between the basic needs approach and the human rights-based approach to health?

How does the human rights-based approach politicize the health development agenda?

What new responsibilities arise for activists from the human rights-based approach to health?

What is PHM planning to do in the coming years to get the rights-based approach applied to health sector reform worldwide?

Assignment topics

Join PHM's Global Campaign for the Right to Health. Reflect on the principles and practice of the Right to Health Campaign.

Topic developed by Claudio Schuftan and Laura Turiano