The evolving field of health and human rights: Issues and methods

Journal of Law, Medicine and Ethics

Volumn 30, Issue 4, 2002, Pages 739-754

  Marks, Stephen P ^{a,b,c,d,e,f,g}  

^a HARVARD SCHOOL OF PUBLIC HEALTH   (United States)

^b STANFORD UNIVERSITY   (United States)

^c University of Paris Est   (France)

^d UNIVERSITÉ DE STRASBOURG   (France)

^e UNIVERSITÉ DE FRANCHE COMTÉ   (France)

^f UNIVERSITÉ CÔTE D'AZUR   (France)

^g DAMASCUS UNIVERSITY   (Syrian Arab Republic)

Author keywords

[No Author keywords available]

Indexed keywords

ACQUIRED IMMUNE DEFICIENCY SYNDROME; CONFERENCE PAPER; CULTURAL FACTOR; DRUG ABUSE; ECONOMIC ASPECT; ENVIRONMENTAL FACTOR; FAMILY; FIREARM; HEALTH; HEALTH CARE; HEALTH CARE NEED; HEALTH SURVEY; HISTORY; HUMAN; HUMAN IMMUNODEFICIENCY VIRUS; HUMAN RIGHTS; INTERNATIONAL COOPERATION; JUSTICE; LAW; LAW ENFORCEMENT; LEGAL ASPECT; MEASUREMENT; MEDICOLEGAL ASPECT; METHODOLOGY; ORGANIZATION; PERFORMANCE; POLITICS; POPULATION RESEARCH; POVERTY; PROSTITUTION; SMOKING; SOCIAL ASPECT; SOCIAL BEHAVIOR; VIRUS TRANSMISSION; WAR; WELLBEING; ARTICLE; HEALTH CARE AND PUBLIC HEALTH; PUBLIC HEALTH;

HEALTH CARE AND PUBLIC HEALTH;

ACQUIRED IMMUNODEFICIENCY SYNDROME; CONGRESSES; HUMAN RIGHTS; HUMANS; PUBLIC HEALTH; WORLD HEALTH;

EID: 0036987675     PISSN: 10731105     EISSN: None     Source Type: Journal    
DOI: 10.1111/j.1748-720X.2002.tb00440.x     Document Type: Conference Paper

References (101)

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57. International Covenant on Civil and Political Rights (March 23, 1976): at Article 4.
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62. Id. at 542.
63. I b i d.
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65. World Conference on Human Rights, Vienna Declaration and Programme of Action (June 25, 1993): at para. 5.
66. GA Res. 48/141 (December 20, 1993): at para. 3.
67. Abbé E.J. Sieyès, Préliminaire de la Constitution, Reconnaissance et Exposition Raisonnée des Droits de l'Homme et du Citoyen, reproduced in S. Rials, La Déclaration des Droits de l'Homme et du Citoyen (Paris: Hachette, 1988): at 598.
68. O'Keefe and Scott-Samuel, supra note 57, at 737.
69. I b i d.
70. Since O'Keefe 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).
71. 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).
72. O'Keefe and Scott-Samuel, supra note 57, at 738.
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74. Id. at 718.
75. M. ul Haq, Reflections on Human Development (New York: Oxford University Press, 1995): at 67-72.
76. United Nations Development Programme, "Using Indicators for Human Rights Accountability," chapter 5 of Human Development Report 2000 (June 2000): 89-111.
77. 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.
78. Id. at para. 43(f) (emphasis added). See also para. 53 on "the formulation of policies and corresponding right to health indicators and benchmarks."
79. Id. at para. 58.
80. 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).
81. E.G. Mac Dowell, "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.
82. J. Maantay, "Zoning Law, Health, and Environmental Justice: What's the Connection?," Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 572-93.
83. United Nations Conference on the Human Environment, Declaration of the United Nations Conference on the Human Environment, Stockholm (June 16, 1972): at para. 1.
84. Sub-Commission on Prevention of Discrimination and Protection of Minorities Resolution 1990/7 (August 30, 1990).
85. F.Z. Ksentini, 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).
86. 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〉.
87. 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).
88. F.Z. Ksentini, 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).
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90. 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).
91. Commission on Human Rights, Question of the Realization in All 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).
92. M. Kothari, 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).
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94. M. Kothari, 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.
95. See, for example, S.P. Marks, "Tying Prometheus Down: The International Law of Human Genetic Manipulation," Chicago Journal of International Law, 3, no. 1, (Spring 2002): 119-40.
96. Text of explanation of vote before the vote (July 25, 2002), on file with author.
97. Economic and Social Council, U.N. Press Release ECOSOC/6027 (July 25, 2002): at Annex VII: Vote on Right to Health.
98. Kirby, supra note 3, at 496.
99. J. Saramago, "From Justice to Democracy by Way of the Bells," closing speech of the World Social Forum, Porte Alegre, Brazil, February 5, 2002, trans. R. Finnegan and C. Johnson, available at 〈http://www. forumsocialmundial.org.br/eng/saramago_index_eng.asp〉.
100. I b i d.
101. J. Mann, "Health and Human Rights: Broadening the Agenda for Health Professionals," Health and Human Rights, 2, no. 1 (1996): 1-5, at 4.