'Issues of equity are also issues of rights': Lessons from experiences in Southern Africa

Abstract

Background: Human rights approaches to health have been criticized as antithetical to equity, principally because they are seen to prioritise rights of individuals at the expense of the interests of groups, a core tenet of public health. The objective of this study was to identify how human rights approaches can promote health equity.

Globalisation and health inequalities: Can a human rights paradigm create space for civil society action?

“…Evidence elsewhere from the Southern African region (London, 2007) confirms the critical importance of community agency in harnessing rights to a pro-equity agenda. Furthermore, the uptake of rights by social movements is critical to the emergence of new norms.…”

“…The second case study is that of human rights struggles over HIV/AIDS policy in South Africa, which is well known and has, over the past two decades, been the focus of much international media attention (Makgoba, 2002), legislative and court procedures (Forman, 2008b;Heywood, 2003) and public debate (Forman, 2008a;Heywood & Altman, 2000;Mbali, 2005) including the authors' own work (Fassin & Schneider, 2003;London, 2002London, , 2007London, and 2008Schneider, 2002;Schneider & Stein, 2001). For the purposes of this paper, no new empirical data has been collected.…”

“…For the purposes of this paper, no new empirical data has been collected. The authors rely on their own previously collected empirical evidence (London, 2007;Schneider, 2002), existing documentation and policy and theoretical literature from the period 2000 to 2009. A systematic review was not undertaken.…”

“…Indeed, there is evidence that even with an increase in the number of countries ratifying international human rights conventions pertaining to health, the act of ratification alone bears little relationship to improved health outcomes (Palmer et al, 2009). Rather, it is the reinforcement of formal legal accountability through strong civil society action that it the best guarantor of realisation of the right to health (Chapman, 2009;Forman, 2008a;London, 2007).…”

“…Under these circumstances, some have argued that the human rights paradigm provides a "foundation for challenging globalization's effects" (Chapman, 2009(Chapman, : 1467 by restructuring, for example the nature of World Trade Organisation (WTO) operations (Forman, 2008a) or the international institutional environment to enable nation states to be active participants in development aid rather than passive recipients of charity (Meier & Fox, 2008). This implies recognition that human rights are not just about civil and political freedoms but embrace the full spectrum of social and economic entitlements provided for under international human rights law (London, 2007).…”