Professor Leonard Rubenstein - A Global System for Protection of Health Care
-
Upload
international-committee-of-the-red-cross -
Category
Documents
-
view
221 -
download
0
Transcript of Professor Leonard Rubenstein - A Global System for Protection of Health Care
-
8/2/2019 Professor Leonard Rubenstein - A Global System for Protection of Health Care
1/14
Leonard Rubenstein, JDCenter for Public Health and Human Rights
Johns Hopkins Bloomberg School of Public Health
-
8/2/2019 Professor Leonard Rubenstein - A Global System for Protection of Health Care
2/14
Mutually reinforcing mechanisms to
promote adherence -- human
rights model
1. Establishing norms
2. Documentation of violations
3. Prevention strategies
4. Accountability
-
8/2/2019 Professor Leonard Rubenstein - A Global System for Protection of Health Care
3/14
Where we are today:
1. Norms Powerful and explicit in
internationalhumanitarian law
In non-conflict context,human right to access tohealth care
Norms reinforce and
respect ethical obligationto provide impartial care
But
-
8/2/2019 Professor Leonard Rubenstein - A Global System for Protection of Health Care
4/14
NormsAnti-terror law
criminalizes medicalcare for terrorists
Serbia prosecuti0ns
for assistance to KLA USAmaterial support
Claims based onassymetrical warfare
Other norms rarelyincorporated in domesticlaw
-
8/2/2019 Professor Leonard Rubenstein - A Global System for Protection of Health Care
5/14
Where we are today:
2. Documentation Only episodic reporting by human rights
groups
Reports on attacks on health included inreports of Special Representative of SecretaryGeneral on Protection of Children in ArmedConflict, but not a priority
Limited sharing of internal securityinformation among humanitarianorganization.
41 22 791 2316
-
8/2/2019 Professor Leonard Rubenstein - A Global System for Protection of Health Care
6/14
Documentation promising
developments Health Care Danger report by ICRC multi-country
study
US Department of State now collecting data for annualCountry Reports on Human Rights Practices onattacks on health and humanitarian access
Executive Board of WHO adopts resolution to provide
leadership at global level on systematic collection anddissemination of data on attacks on health in complexhumanitarian emergencies
Will be taken up by World Health Assembly
-
8/2/2019 Professor Leonard Rubenstein - A Global System for Protection of Health Care
7/14
Where we are today:
3. Prevention Little study of causes, motives, even
what works
Information that exists not widely shared Little study of impacts on health services
Sense of inevitability and powerlessness
Lack of constituent engagement
-
8/2/2019 Professor Leonard Rubenstein - A Global System for Protection of Health Care
8/14
Prevention promising
developments ICRC training of military and insurgent groups,
negotiation activities to promote access
Health Care in Danger Campaign pragmaticstrategies to address potential points of attack
Military workshops
Increasing sophistication on NGO security matters
Increased discussion at international level
Attempts at coordination
-
8/2/2019 Professor Leonard Rubenstein - A Global System for Protection of Health Care
9/14
Where we are today:
4. Accountability Occasional diplomatic condemnation, but no
teeth
Little sustained advocacy Prosecutions for violations rare
Most attention on humanitarian providers, notindigenous health workers and facilities
-
8/2/2019 Professor Leonard Rubenstein - A Global System for Protection of Health Care
10/14
Accountability promising
developments UN Security Council includes attacks on hospitals
and health personnel in mechanism forprotection of children in armed conflict (2011)
Perpetrators listed in report
Action plan for promoting adherence required
Increased documentation increases potential for
diplomatic leverage Safeguarding Health Coalition to mobilize civil society
www.safeguardinghealth.org
Medical and nursing associations
Human rights, development and humanitarian NGOs
http://www.safeguardinghealth.org/http://www.safeguardinghealth.org/ -
8/2/2019 Professor Leonard Rubenstein - A Global System for Protection of Health Care
11/14
A way forward: global solutions
through inter-governmental
organizationsPredicates
Vision of integrated approach norms, prevention,documentation, accountability
Develop constituency through Health Care in Dangerand Safeguarding Health Coalition
-
8/2/2019 Professor Leonard Rubenstein - A Global System for Protection of Health Care
12/14
A global approach1. Reinforcement of norms
Integrate human rights and humanitarian law values
Reflection in national law Rejection of anti-terror exceptions to adherence;
resolution of Human Rights Council?
2. Prevention
Robust program of discussion and research on causesand what works, with donor and foundation support
Dissemination of findings
Pressure for adherence via Human Rights
Council/Security Council
-
8/2/2019 Professor Leonard Rubenstein - A Global System for Protection of Health Care
13/14
A global approach3. Documentation
Unified, coordinated approach
Collaboration between WHO and otheragencies -- OCHA, UNICEF, SpecialRepresentative on Children, HighCommissioner for Human Rights
Collaboration with humanitarian NGOs ondata
-
8/2/2019 Professor Leonard Rubenstein - A Global System for Protection of Health Care
14/14
A global approach4. Accountability
UN system: Security Council should Condemn and call for the cessation of attacks or interference
Call for compliance by parties to conflict with international law Apply targeted measures against perpetrators
Authorize commissions of inquiry and/or refer such situations to the ICC
Action by Human Rights Council/ OHCHR
Prosecutions, domestically and internationally Bi-lateral and regional mechanisms of accountability
Diplomatic pressures
Sanctions and related measures