The Evolving Field of Health and Human Rights: Issues and Methods

Lauren P.G. , The Evolution of International Human Rights: Visions Seen (Philadelphia, University of Pennsylvania Press, 1998); Lauterpacht H. , International Law and Human Rights (New York: F.A. Praeger, 1950).

Rosen G. , A History of Public Health (New York: MD Publications, 1958); Porter D. , Health, Civilization and the State: A History of Public Health from Ancient to Modern Times (New York: Routledge, 1999); Paquier M. , Histoire Illustrée de 5.000 Ans d'Hygiène Publique (Paris: Éditions Johanet, 2000).

Kirby M. , “Thoughts in Dark Times of a World Made New,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 492–97, at 493.

Marks S.P. , “From the ‘Single Confused Page’ to the ‘Decalogue for Six Billion Persons’: The Roots of the Universal Declaration of Human Rights in the French Revolution,” Human Rights Quarterly, 20 (1998): 459–514, at 485 (quoting the French Constituent Assembly).

Zola E. , “J'accuse,” L'Aurore, January 13, 1898 [“My duty is to speak out, not to become an accomplice in this travesty…. [O]n one side, those who are guilty, who do not want the light to shine forth, on the other, those who seek justice and who will give their lives to attain it…. I have but one passion, the search for light, in the name of humanity which has suffered so much and is entitled to happiness.” Trans. Temchin S. and Guieu J. , Georgetown University, 2001].

Korey W. , NGOs and the Universal Declaration of Human Rights: A “Curious Grapevine” (New York: St. Martin's Press, 1998): at 7–8, 95–116, and 229–47.

King M.L. Jr. , “Remaining Awake Through a Great Revolution,” last Sunday sermon at the National Cathedral in Washington, D.C., on March 31, 1968, which was 4 days before his assassination (emphasis added).

Fukuyama F. , “Natural Rights and Human History,” The National Interest, 64 (Summer 2001): 19–30, at 20, 21.

Rosen G. , A History of Public Health, expanded edition (Baltimore: Johns Hopkins University Press, 1998): at lxxxix.

Oppenheimer G.M. Bayer R. , and Colgrove J. , “Health and Human Rights: Old Wine in New Bortles?,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 522–32.

Id. at 530.

Kirby , supra note 3, at 493.

Heywood M. and Altman D. , “Confronting AIDS: Human Rights, Law and Social Transformation,” Health and Human Rights, 5 (2000): 149–179, at 174–75.

Jacobson P.D. and Soliman S. , “Co-Opting the Health and Human Rights Movement,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 705–15, at 713.

Burris S. , “Introduction: Merging Law, Human Rights, and Social Epidemiology,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 498–509.

Jacobson and Soliman , supra note 15, at 709.

Korey , supra note 6, at 426 (quoting the Harvard Medical Alumni Bulletin).

See Annas G.J. and Grodin M.A. , The Nazi Doctors and the Nuremberg Code: Human Bights in Human Experimentation (New York: Oxford University Press, 1992).

Cameron E. , “The Deafening Silence of AIDS,” Health and Human Rights, 5, no. 1 (2000), available at <http://www.hsph.harvard.edu/fxbcenter/V5N1cameron.htm>.

Herek G.M. , “Thinking About AIDS and Stigma: A Psychologist's Perspective,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 594–607.

Id. at 595.

London L. , “Human Rights and Public Health: Dichotomies or Synergies in Developing Countries? Examining the Case of HIV in South Africa,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 677–91.

Geffen N. , “Bringing Justice to the HIV/AIDS Crisis,” Human Rights Dialogue (Spring/Summer 2001): at 13.

Blankenship K.M. and Koester S. , “Criminal Law, Policing Policy, and HIV Risk in Female Street Sex Workers and Injection Drug Users,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 548–59.

HIV/AIDS and Human Rights International Guidelines , Second International Consultation on HIV/AIDS and Human Rights, Geneva (September 23–25, 1996): at para. 29.

Id. at para. 29(c).

Elliott R. , UNAIDS, Criminal Law, Public Health and HIV Transmission. A Policy Options Paper, UNAIDS/02.12E (June 2002).

Farmer P. with Gastineau N. , “Rethinking Health and Human Rights: Time for a Paradigm Shift,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 655–66.

Id. at 657.

Id. at 658.

Parmet W.E. , “The Impact of Law on Coronary Heart Disease: Some Preliminary Observations on the Relationship of Law to ‘Normalized’ Conditions,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 608–20.

Loff B. and Heywood M. , “Patents on Drugs: Manufacturing Scarcity or Advancing Health?,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 621–31.

Committee on Economic, Social and Cultural Rights, Statement on Globalization and Economic, Social and Cultural Rights (May 11, 1998): at para. 3, available at <http://www.unhchr.ch/tbs/doc.nsf/MasterFrameView/adc44375895aa10d8025668f003cc06e?Opendocument>.

Id. at para. 3.

Id. at para. 7.

Danis M. and Sepinwall A. , “Regulation of the Global Marketplace for the Sake of Health,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 667–76.

Background on the Global Compact is available at <http://65.214.34.30/un/gc/unweb.nsf/> (last visited August 22, 2002).

See Report of the High Commissioner for Human Rights to the 56th Session of the General Assembly, U.N. Doc. A/56/36 (September 28, 2001). See also Office of the High Commissioner for Human Rights, Business and Human Rights: An Update, prepared for the Global Compact meeting, New York (July 26, 2000).

Maastricht Guidelines on Violations of Economic, Social and Cultural Rights, Maastricht (January 22–26, 1997): at para. 18.

For more information, see <http://www.inchriti.org/index.html>.

Globalization and Its Impact on the Full Enjoyment of All Human Rights , preliminary report of the Secretary-General, A/55/342 (August 31, 2000); Globalization and Its Impact on the Full Enjoyment of Human Rights, report of the High Commissioner for Human Rights, E/CN.4/2002/54 (January 12, 2002); Oloka-Onyango J. and Udagama D. , The Realization of Economic, Social and Cultural Rights: Globalization and Its Impact on the Full Enjoyment of Human Rights, preliminary report to the Sub-Commission on the Promotion and Protection of Human Rights, E/CN.4/Sub.2/2000/13 (June 12, 2000); Oloka-Onyango J. and Udagama D. , Economic, Social and Cultural Rights: Globalization and Its Impact on the Full Enjoyment of Human Rights, progress report to the Sub-Commission on the Promotion and Protection of Human Rights, E/CN.4/Sub.2/2001/10 (August 2, 2001); Commission on Human Rights, Globalization and Its Impact on the Full Enjoyment of All Human Rights, Commission on Human Rights Resolutions 1999/59 (April 28, 1999), 2001/32 (April 23, 2001), and 2002/28 (April 22, 2002).

Commission on Human Rights, Globalization and Its Impact on the Full Enjoyment of All Human Rights, Commission on Human Rights Resolution 2002/28 (April 22, 2002).

Burris S. Kawachi I. , and Sarat A. , “Integrating Law and Social Epidemiology,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 510–21.

Vernick J.S. and Mair J.S. , “How the Law Affects Gun Policy in the United States: Law as Intervention or Obstacle to Prevention,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 692–704.

Jacoby M.B. , “Does Indebtedness Influence Health? A Preliminary inquiry,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 560–71.

Id. at 565.

International Covenant on Civil and Political Rights (March 23, 1976): at Article 11. See also Article 7(7) of the American Convention on Human Rights (July 18, 1978) and Article 1 of Protocol 4 of the European Convention on Human Rights (November 4, 1950, Protocol 4 adopted September 16, 1963).

International Covenant on Civil and Political Rights (March 23, 1976): at Article 4.

Buergenthal T. , “To Respect and to Ensure: State Obligations and Permissible Derogations,” in Henkin L. , The International Bill of Rights: The Covenant on Civil and Political Rights (New York: Columbia University Press, 1981): at 83.

Aral S. Burris S. , and Shearing C. , “Health and the Governance of Security: A Tale of Two Systems,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 632–43.

See, for example, Peters P.E. , ed., Development Encounters: Sites of Participation and Knowledge (Cambridge: Harvard University Press, 2000).

Lazzarini Z. and Klitzman R. “HIV and the Law: Integrating Law, Policy, and Social Epidemiology,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 533–47.

Id. at 542.

O'Keefe E. and Scott-Samuel A. , “Human Rights and Wrongs: Could Health Impact Assessment Help?,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 734–38.

World Conference on Human Rights, Vienna Declaration and Programme of Action (June 25, 1993): at para. 5.

GA Res. 48/141 (December 20, 1993): at para. 3.

Sieyès Abbé E.J. , Préliminaire de la Constitution, Reconnaissance et Exposition Raisonnée des Droits de l'Homme et du Citoyen, reproduced in Riais S. , La Déclaration des Droits de l'Homme et du Citoyen (Paris: Hachette, 1988): at 598.

O'Keefe and Scott-Samuel , supra note 57, at 737.

O'Keefe Since and Scott-Samuel focus on the United Kingdom, it would be useful to consult the issues addressed by that government in its fourth periodic report concerning the rights referred to in Articles 1–15 of the International Covenant on Economic, Social and Cultural Rights (E/C.12/4Add.5, E/C.12/4/Add.7, E/C.12/4/Add.8).

World Trade Organization, Brazil — Measures Affecting Patent Protection, Notification of Mutually Agreed Solution, WT/DS199/4, G/L/454, IP/D/23/Add.1 (July 19, 2001).

O'Keefe and Scott-Samuel , supra note 57, at 738.

Watchirs H. , “Review of Methodologies Measuring Human Rights Implementation,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 716–33.

Id. at 718.

ul Haq M. , Reflections on Human Development (New York: Oxford University Press, 1995): at 67–72.

United Nations Development Programme, “Using Indicators for Human Rights Accountability,” chapter 5 of Human Development Report 2000 (June 2000): 89–111.

Committee on Economic, Social and Cultural Rights, General Comment No. 14: The Right to the Highest Attainable Standard of Health, E/C.12/2000/4 (May 11, 2000): at para. 57.

Id. at para. 43(f) (emphasis added). See also para. 53 on “the formulation of policies and corresponding right to health indicators and benchmarks.”

Id. at para. 58.

Commission on Human Rights, The Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health, Commission on Human Rights Resolution 2002/31 (April 22, 2002): at para. 5(c).

MacDowell E.G. , “Juridical Action for the Protection of Collective Rights and Its Legal Impact: A Case Study,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 644–54.

Maantay J. , “Zoning Law, Health, and Environmental Justice: What's the Connection?,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 572–93.

United Nations Conference on the Human Environment, Declaration of the United Nations Conference on the Human Environment, Stockholm (June 16, 1972): at para. 1.

Sub-Commission on Prevention of Discrimination and Protection of Minorities Resolution 1990/7 (August 30, 1990).

Ksentini F.Z. , preliminary and progress reports on human rights and the environment, E/CN.4/Sub.2/1991/8 (August 2, 1991); E/CN.4/Sub.2/1992/7 (July 2, 1992) and Add.1 (August 14, 1992); and E/CN.4/Sub.2/1993/7 (July 26, 1993).

Economic and Social Council, Science and the Environment, Commission on Human Rights Decision 2001/111, E/CN.4/DEC/2001/111 (April 25, 2001). The background papers used to assist the experts at the two-day preparatory meeting are available at <http://www.unhchr.ch/environment/index.html>.

Commission on Human Rights, Adverse Effects of the Illicit Movement and Dumping of Toxic and Dangerous Products and Wastes on the Enjoyment of Human Rights, Commission on Human Rights Resolution 1995/81 (March 8, 1995), confirmed by Economic and Social Council Decision 1995/288 (July 25, 1995).

Ksentini F.Z. , preliminary report on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, E/CN.4/1996/17 (February 22, 1996), and progress reports, E/CN.4/1997/19 (February 5, 1997); E/CN.4/1998/10 (January 20, 1998), Add.1 (September 25, 1997), and Add.2 (December 8, 1997); E/CN.4/1999/46 (January 20, 1999) and Add.1 (January 11, 1999); E/CN.4/2000/50 (March 20, 2000) and Add.1 (March 20, 2000); E/CN.4/2001/55 (January 19, 2001) and Add.1 (December 21, 2000); and E/CN.4/2002/61 (January 21, 2002).

Commission on Human Rights, Adverse Effects of the Illicit Movement and Dumping of Toxic and Dangerous Products and Wastes on the Enjoyment of Human Rights, Commission on Human Rights Resolutions 1996/14, E/CN.4/1996/14 (April 11, 1996); 1997/9, E/CN.4/1997/9 (April 3, 1997); 1998/12, E/CN.4/1998/12 (April 9, 1998); 1999/23, E/CN.4/1999/23 (April 26, 1999); 2000/72, E/CN.4/2000/72 (April 26, 2000); 2001/35, E/CN.4/2001/35 (April 23, 2001); and 2002/27, E/CN.4/RES/2002/27 (April 22, 2002).

Commission on Human Rights, Adverse Effects of the Illicit Movement and Dumping of Toxic and Dangerous Products and Wastes on the Enjoyment of Human Rights, Commission on Human Rights Resolution 2002/27, E/CN.4/RES/2002/27 (April 22, 2002).

Commission on Human Rights, Question of the Realization in Ail Countries of the Economic, Social and Cultural Rights Contained in the Universal Declaration of Human Rights and in the International Covenant on Economic, Social and Cultural Rights, and Study of Special Problems Which the Developing Countries Face in Their Efforts to Achieve These Human Rights, Commission on Human Rights Resolution 2000/9, E/CN.4/RES/2000/9 (April 17, 2000).

Kothari M. , reports to the Commission on Human Rights on adequate housing as a component of the right to an adequate standard of living, E/CN.4/2001/51 (January 25, 2001), and E/CN.4/2002/59 (March 1, 2002) and Corr.1 (March 25, 2002).

Commission on Human Rights, Adequate Housing as a Component of the Right to an Adequate Standard of Living, Commission on Human Rights Resolution 2002/21, E/CN.4/RES/2002/21 (April 22, 2002).

Kothari M. , report to the Commission on Human Rights on adequate housing as a component of the right to an adequate standard of living, E/CN.4/2001/51 (January 25, 2001): at para. 28.

See, for example, Marks S.P. , “Tying Prometheus Down: The International Law of Human Genetic Manipulation,” Chicago Journal of International Law, 3, no. 1, (Spring 2002): 119–40.

Text of explanation of vote before the vote (July 25, 2002), on file with author.

Economic and Social Council, U.N. Press Release ECOSOC/6027 (July 25, 2002): at Annex VII: Vote on Right to Health.

Kirby , supra note 3, at 496.

Saramago J. , “From Justice to Democracy by Way of the Bells,” closing speech of the World Social Forum, Porte Alegre, Brazil, February 5, 2002, trans. Finnegan R. and Johnson C. , available at <http://www.forumsocialmundial.org.br/eng/saramagoindex_eng.asp>.

Mann J. , “Health and Human Rights: Broadening the Agenda for Health Professionals,” Health and Human Rights, 2, no. 1 (1996): 1–5, at 4.