A human right to health?

Evans, Tony

doi:10.1080/01436590220126595

Cited by 59 publications

(19 citation statements)

References 32 publications

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“…Therefore, it is appropriate to understand the trade-off between two rights as a matter of weight in the given emergency. Second, this objection overlooks the fact that the duty bearers of the right to basic health care are not individuals but rather the states -except for the duty of forbearance (Evans 2002). A claim that a specific individual has a duty to attend to the health needs of the population is not necessarily a moral consideration directly implied by the right to basic health care.…”

Section: Taking Health Worker Emigration From Under-served Countries mentioning

confidence: 99%

How to Understand Limitations of the Right to Exit with Respect to Losses Associated with Health Worker Emigration: A Clarification

Yuksekdag

2018

Etikk Praksis - Nord J Appl Ethics

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There is a recent interest in the ethics of high-skilled worker emigration through which the limitations of the right to exit are discussed. Insightful arguments have been made in favour of (or against) the emigration restrictions on skilled workers in order to tackle the deprivations in developing countries. However, there is still a need for clarification on how we can understand, discuss and implement limitations of a right from a normative perspective. Significantly, how we understand the limitation of a right might determine how we approach such limitations – both in terms of the process of assessing the limitations and in terms of their implications. In this paper, I identify two distinct ways to understand limitations of the right to exit with respect to losses associated with health worker emigration, while also pointing to their implications for restrictive policies: (i) as a matter of scope, and (ii) as a matter of weight or emergency, which requires a compensatory scheme for the individual right holders. While the emergency restrictions seem to be a point of convergence in the literature, what defines an emergency and the nature of the compensation still warrant exploration. To that end, I also discuss from a normative perspective what might constitute a public emergency that would give states a prima facie prerogative to regulate temporary limitations on the exercise of the right to exit. In addition, I briefly introduce the implications of emergency restrictions, with a particular focus on compensatory schemes for individual right holders.

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Section: Taking Health Worker Emigration From Under-served Countries mentioning

confidence: 99%

How to Understand Limitations of the Right to Exit with Respect to Losses Associated with Health Worker Emigration: A Clarification

Yuksekdag

2018

Etikk Praksis - Nord J Appl Ethics

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“…The exact standing of the right to health in Canada is not as clear as it is in countries that enshrine this right in their constitutions. Although international legal opinion suggests that this right overrides trade agreements or other multilateral accords, 10 there are no means to enforce this beyond moral suasion. States “are obliged … to ensure that no international agreement or policy adversely impacts upon the right to health, and that their representatives in international organizations take due account of the right to health”, including “an analysis of the distributional impact of reforms on the well‐being of different groups in society especially the poor and vulnerable … with a view to identifying appropriate mitigating or other measures” 9 .…”

Section: Health As a Human Rightmentioning

confidence: 99%

“…9 The exact standing of the right to health in Canada is not as clear as it is in countries that enshrine this right in their constitutions. Although international legal opinion suggests that this right overrides trade agreements or other multilateral accords, 10 there are no means to enforce this beyond moral suasion. States "are obliged .…”

Section: Mjamentioning

confidence: 99%

Nailing health planks into the foreign policy platform: the Canadian experience

Labonté

2004

Medical Journal of Australia

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Foreign policy, especially trade policy, can have dramatic but rarely considered effects on public health. International human rights covenants oblige governments to scrutinise their foreign policy, including trade policy, for its impact on the progressive realisation of the right to health. Health is both a means and an end of development policy, but government investments in health are inadequate to reduce health disparities within and between nations. Few donor countries provide the agreed target of 0.7% of gross national income for development aid or toward reaching the Millennium Development Goals. The progressive liberalisation requirement of the General Agreement on Trade in Services (GATS), if applied to commitments in health care, education, and water and sanitation services, may conflict with the progressive realisation obligation of the right to health. Alternatives to regulating trade in such essential services are proposed in this article.

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“…There are widespread claims in the literature that there has been tremendous progress in the protection of human rights since the establishment of the UN and the Commission on Human Rights over 65 years ago (Evans, 2002). However, this discourse is often challenged by the reality of the deplorable health conditions in many African countries.…”

Section: Legislative Framework On Health Care: Between Theory and Prmentioning

confidence: 99%

[South] Africa’s Health System and Human Rights: A Critical African Perspective

Shai¹,

Ogunnubi²

2018

JEBS

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For more than two decades, 21 st March has been canonised and celebrated among South Africans as Human Rights Day. Earmarked by the newly democratic and inclusive South Africa, it commemorates the Sharpeville and Langa massacres. As history recorded, on the 21 st March 1960, residents of Sharpeville and subsequently, Langa embarked on a peaceful anti-pass campaign led by the African National Congress (ANC) breakaway party, the Pan Africanist Congress of Azania (PAC). The pass (also known as dompas) was one of the most despised symbols of apartheid; a system declared internationally as a crime against humanity. In the post-apartheid era, it is expectedthat all South Africans enjoy and celebrate the full extent of their human rights. However, it appears that the envisaged rights are not equally enjoyed by all. This is because widening inequalities in the health-care system, in schooling, and in the lucrative sporting arena have not been amicably and irrevocably resolved. Furthermore, it is still the norm that the most vulnerable of South Africans, especially rural Africans, find it difficult, and sometimes, impossible to access adequate and even essential healthcare services. Central to the possible questions to emerge from this discourse are the following(i) What is the current state of South Africa's health system at the turn of 23 years of its majority rule? (ii) Why is the South African health system still unable to sufficiently deliver the socioeconomic health rights of most South African people? It is against this background that this article uses a critical discourse analysis approach in its broadest form to provide a nuanced Afrocentric assessment of South Africa's human rights record in the health sector since the year 1994. Data for this article is generated through the review of the cauldron of published and unpublished academic, official and popular literature.

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A human right to health?

Cited by 59 publications

References 32 publications

How to Understand Limitations of the Right to Exit with Respect to Losses Associated with Health Worker Emigration: A Clarification

How to Understand Limitations of the Right to Exit with Respect to Losses Associated with Health Worker Emigration: A Clarification

Nailing health planks into the foreign policy platform: the Canadian experience

[South] Africa’s Health System and Human Rights: A Critical African Perspective

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