Chap 16: Legal Rights and Resposibilities of Staff and Students
Health and Human Rights Training course for WHO staff February 2.-3. 2011
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Transcript of Health and Human Rights Training course for WHO staff February 2.-3. 2011
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Health and Human RightsTraining course for WHO staff February 2.-3. 2011
Riikka Rantala
JPO-HHR
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Health and Human Rights (HHR)
Basic concepts of HHR UN Human Rights System WHO and HHR
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1.Basic concepts of health and human rights
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Health and Human Rights – Linkages
Human rights violations worsen healthTorture, GBV, discrimination
Realization of human rights improves healthGender equality, rights to education,
information, water, housingHealth policies/programmes can violate or
promote human rightsParticipation, discrimination, privacy
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Right to Health
Underlying determinants Health-carewater, sanitation, food, nutrition, housing, healthy occupational and environmental conditions, education, information, etc.
AAAQAvailability, Accessibility, Acceptability, Quality
(General Comment No. 14 of the Committee on Economic, Social and Cultural Rights, explains
CESCR Art 12. “The right of everyone to the highest attainable standard of physical and mental health”)
Right to Health
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Right to HealthProgressive realization
Concrete steps e.g. national strategy Using maximum of available resources,
international assistanceCore minimum obligation
Non-discriminatory basis Minimum essential food Shelter, housing, sanitation, safe drinking water Provision of essential drugs Equitable distribution of health facilities, goods,
services
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Even if health care is available, it is not always accessible or acceptable
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Health and Human Rights – Principles
UniversalityIndivisibilityInterdependence and interrelatednessEquality and non-discriminationParticipation and inclusionAccountability
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Types of obligations
Obligation to
Respect Protect Fulfill
Duty-bearer to refrain from
interfering with enjoying the
right
Duty-bearer to prevent others interfering with the enjoyment
of the right
Duty-bearer to adopt appropriate measures towards full realization of
the right
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2. UN Human Rights System
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Monitoring process of the treaty bodies
Ratification of the treaty
Submission of State party report (4-5 years)
Pre-sessional working group
List of issues
Follow-up of the recommendationsConcluding observations (recommendations)
Plenary Session (dialogue between the TB & the Govt)
Response to the list of issues
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Charter-based bodies
UN charter-based human rights bodies:
HUMAN RIGHT COUNCIL (UNIVERSAL PERIODIC REVIEW)
SPECIAL PROCEDURES (INDEPENDENT EXPERTS/ WORKING GROUPS)
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3. Human rights and WHO
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WHO’s mandate on HHR
WHO Constitution (1946/48)
Alma Ata (1978), World Health Declaration (1998)
WHA resolutions and policy documents 11th General Programme of
Work 2006-2015 Medium-term Strategic Plan
2008-2013 SO 7, OWER 4 Cross-cutting issue
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WHO’s mandate on HHR
Charter of the UN (1945)
UN Reform Programme (1997)
UN Common Understanding on HR
World Summit 2005
UN Member States
“call upon all parts of the UN to promote human rights and fundamental freedoms in accordance with their mandates”
2005 World Summit Outcome, GA res. 60/1 2005
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WHO’s mandate on HHR
Every SEAR Member State has ratified at least 2 international human rights treaties that recognize health as a human right or other health-related human rights + MS have domestic obligations (constitution etc.)
WHO's public health guidance needs to be consistent with (and reinforces and promotes) these human rights obligations
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Some benefits of integrating human rights into WHO’s public health work
Human Rights WHO
Member
States
Policy making: Human rights as a standard of assessment of health policy and practice
Programming: Human rights as an analytical framework to identify root causes of problems and power dimensions (better targeted approach)
Accountability mechanism: Legal Framework (entitlements and obligations), Reforms in laws and policies
Partnerships: Increased range of partners, scope of analysis and action in countries
Advocacy: Powerful advocacy tool. Advancing health agenda within the human rights arena.
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HHR and WHO SEARO
Workshops/orientations on HHR (environmental health Thailand, right to clean indoor air Nepal, orientations for WCOs, MoH, HRCs)
Tools (MNH tool in Indonesia, gender/hr, education package)
Fact sheets, advocacy material (country, thematic)
Reports to treaty monitoring bodies Mental health law and human rights diploma,
ILS Law College Pune (support a student)
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Thank you!
For more information:
http://intranet/en/Section23/Section239 7.htm
http://www.who.int/hhr/en/
“Facts do not cease to exist because they are ignored” –Aldous Huxley