Jonathan Mann's legacy to the 21st century: The human rights imperative for public health

Journal of Law, Medicine and Ethics

Volumn 29, Issue 2, 2001, Pages 131-138

  Marks, Stephen P ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

ACQUIRED IMMUNE DEFICIENCY SYNDROME; ANALYTICAL APPROACH; CIVIL RIGHTS; ETHICS; HEALTH CARE AND PUBLIC HEALTH; HISTORY; HUMAN; HUMAN RIGHTS; INTERNATIONAL COOPERATION; MEDICAL ETHICS; NOTE; PUBLIC HEALTH; PUBLIC HEALTH SERVICE; SOCIAL PSYCHOLOGY; STANDARD; UNITED STATES; WORLD HEALTH ORGANIZATION;

ANALYTICAL APPROACH; HEALTH CARE AND PUBLIC HEALTH;

ACQUIRED IMMUNODEFICIENCY SYNDROME; CENTERS FOR DISEASE CONTROL AND PREVENTION (U.S.); CIVIL RIGHTS; ETHICAL ANALYSIS; ETHICS, PROFESSIONAL; HISTORY, 20TH CENTURY; HUMAN RIGHTS; HUMANS; INTERNATIONAL COOPERATION; PUBLIC HEALTH; SOCIAL VALUES; UNITED STATES; WORLD HEALTH ORGANIZATION;

EID: 0035380527     PISSN: 10731105     EISSN: None     Source Type: Journal    
DOI: 10.1111/j.1748-720x.2001.tb00331.x     Document Type: Article

References (30)

1. L.O. Gostin, Public Health Law: Power, Duty, Restraint (New York: University of California Press and the Milbank Memorial Fund, 2000).
2. Quoted in M. Schoofs, "Body & Soul Remembering AIDS Pioneer Jonathan Mann," The Village Voice, Sept. 9-15, 1998.
3. E. Cameron, "The Deafening Silence of AIDS," Health and Human Rights, 5 (2000): 9.
4. Gostin, supra note 1, at 107-09.
5. Id.
6. J. Mann, "Medicine and Public Health, Ethics and Human Rights," Hastings Center Report, 27, no. 3 (1997):6-13, reprinted in J. Mann et al., Health and Human Rights: A Reader (New York: Routledge, 1999): at 444.
7. J. Mann, "Medicine and Public Health, Ethics and Human Rights," Hastings Center Report, 27, no. 3 (1997):6-13, reprinted in J. Mann et al., Health and Human Rights: A Reader (New York: Routledge, 1999): at 444.
8. Id. at 448.
9. Id. at 448-49.
10. A useful collection of these standards, which vary in the extent to which they genuinely incorporate a human rights framework, may be found in Amnesty International, Ethical Codes and Declarations Relevant to the Health Professions: An Amnesty International Compilation of Selected Ethical Texts, 3rd ed. (London: Amnesty International, 1994).
11. UNESCO unanimously adopted the Universal Declaration on the Human Genome and Human Rights at the twenty-ninth session of UNESCO's General Conference on November 11, 1997. At its thirtieth session, on November 16, 1999, UNESCO's General Conference endorsed the "Guidelines for the Implementation of the Universal Declaration on the Human Genome and Human Rights."
12. American Public Health Association, "Principles on Public Health and Human Rights," available at 〈http://www.apha.org/sections/newsletters/ maternalhealthwinter2001.htm#humanrights〉.
13. The Global Assembly on Advancing the Human Right to Health, Iowa City Appeal on Advancing the Human Right to Health, available at 〈http://www.hsph.harvard.edu/fxbcenter/ Iowa_City_appeal.pdf〉.
14. In the landmark case of Nicolas Toonan v. Australia, the Human Rights Committee was willing to agree that the criminalization of sexual contact between men in the Tasmanian Criminal Code violated the right to privacy protected by article 17 of the International Covenant on Civil and Political Rights, but not freedom from discrimination under article 26. See Human Rights Committee, Communication No. 488/1992: Australia. 04/04/94. CCPR/C/50/D/488/1992.
15. Afghanistan, Algeria, Antigua and Barbuda, Armenia, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Botswana, Burundi, Cameroon, Chad, Chile, China, Comoros, Congo (Democratic Republic), Cuba, Dominica, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Ghana, Guatemala, Guinea, Guyana, India, Indonesia, Iran, Iraq, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Laos, Lebanon, Lesotho, Liberia, Libya, Malawi, Malaysia, Mauritania, Mongolia, Morocco, Myanmar, Nigeria, North Korea, Oman, Pakistan, Palestinian Authority, Philippines, Qatar, Russian Federation, Rwanda, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Sierra Leone, Singapore, Somalia, South Korea, Sudan, Swaziland, Syria, Taiwan, Tajikistan, Tanzania, Thailand, Trinidad and Tobago, Tunisia, Uganda, United Arab Emirates, United States of America, Uzbekistan, Viet Nam, Yemen, Yugoslavia (Federal Republic), Zambia, and Zimbabwe.
16. Mann, supra note 6, at 444-46.
17. Id. at 447.
18. H.T. Tavani, Public Health Ethics: A Bibliography (Boston: Harvard Education and Research Center, 2001).
19. The mandate of the Commission on Human Rights, created after the United Nations Charter, included "formulation of an international bill of rights." GA resolution 43 (I), E/RES/9 (II) of June 21, 1946. That the United Nations considers the Universal Declaration of Human Rights and the two covenants, along with the Optional Protocol to the ICCPR, as constituting "the international bill of human rights" is clear from its own publication, The International Bill of Human Rights (DPI/925, 1988), updated since then. Currently, Fact Sheet No. 2 (Rev. 1) opens with this description: "The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and its two Optional Protocols."
20. D. Shelton, "The Promise of Regional Human Rights Systems," in B.H. Weston and S.P. Marks, eds., The Future of International Human Rights: Commemorating the 50th Anniversary of the Universal Declaration of Human Rights (Ardsley, New York: Transnational, 2000): at 351-98.
21. S.P. Marks, "Principles and Norms of Human Rights Applicable in Emergency Situations: Underdevelopment, Catastrophes and Armed Conflicts," in K. Vasak and P. Alston, eds., The International Dimensions of Human Rights (Westport, Connecticut: Greenwood Press, 1982): 175-212.
22. See for example, S.P. Marks, "The United Nations and Human Rights: The Promise of Multilateral Diplomacy and Action," in Weston and Marks, supra note 19, at 349-50.
23. United Nations Development Programme, Human Development Report 2000 (Cary, North Carolina: Oxford University Press, 2000): at 93.
24. Id.
25. L. Gostin and J. Mann, "Toward the Development of a Human Rights Impact Assessment for the Formulation and Evaluation of Public Health Policies," Health and Human Rights, I, no. 1 (1994), reprinted in J. Mann et. al., Health and Human Rights: A Reader (New York: Routledge, 1999): 54-71.
26. L. Gostin and J. Mann, "Toward the Development of a Human Rights Impact Assessment for the Formulation and Evaluation of Public Health Policies," Health and Human Rights, I, no. 1 (1994), reprinted in J. Mann et. al., Health and Human Rights: A Reader (New York: Routledge, 1999): 54-71.
27. There is a growing literature on the application of human rights to health policy, including the World Health Organization's brochure, A Human Rights Approach to Tuberculosis. See also S. Gruskin and D. Tarantola, "Health and Human Rights," in R. Detels and R. Beaglehole, eds., Oxford Textbook of Public Health (New York: Oxford University Press, forthcoming), manuscript available at 〈http://www.hsph.harvard.edu/ fxbcenter/working_papers.htm〉.
28. There is a growing literature on the application of human rights to health policy, including the World Health Organization's brochure, A Human Rights Approach to Tuberculosis. See also S. Gruskin and D. Tarantola, "Health and Human Rights," in R. Detels and R. Beaglehole, eds., Oxford Textbook of Public Health (New York: Oxford University Press, forthcoming), manuscript available at 〈http://www.hsph.harvard.edu/ fxbcenter/working_papers.htm〉.
29. Mann, supra note 6, at 452.
30. Id. at 452.