{"title":"Niger's Approach to Child Marriage: A Violation of Children's Right to Health?","authors":"Caroline Crawford","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":46953,"journal":{"name":"Health and Human Rights","volume":"24 2","pages":"101-109"},"PeriodicalIF":3.7,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/6e/22/hhr-24-02-101.PMC9790956.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10609671","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"An Inquiry into State Agreement and Practice on the International Law Status of the Human Right to Medicines.","authors":"Lisa Forman, Basema Al-Alami, Kaitlin Fajber","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Global disparities in access to COVID-19 vaccines have brought back into focus questions about whether the right to medicines has assumed any level of binding legality within international law. In this paper, we attempt to answer this question by considering if there is evidence of subsequent state agreement and practice to read the right to medicines into the rights to health and science protected in the International Covenant on Economic, Social and Cultural Rights. We adopt the interpretive framework in the Vienna Convention on the Law of Treaties and the International Law Commission's 2018 report to analyze the work of the United Nations Committee on Economic, Social, and Cultural Rights relevant to medicines, and its relationship to the content and voting in successive resolutions of the United Nations General Assembly. We find that these resolutions provide some evidence of state agreement that the rights to health and science, as enshrined in the International Covenant on Economic, Social and Cultural Rights, include access to affordable medicines. Yet the legal implications of this right remain highly contested, particularly when it comes to trade-related intellectual property rights. The negotiation of a pandemic treaty offers possibilities for codifying this right beyond these discursive instances, while political opposition remains likely to continue to undercut this emerging legal norm.</p>","PeriodicalId":46953,"journal":{"name":"Health and Human Rights","volume":"24 2","pages":"125-140"},"PeriodicalIF":3.7,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/b6/1b/hhr-24-02-125.PMC9790948.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10444649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Nay Alhelou, Purvaja S Kavattur, Mary M Olson, Lillian Rountree, Inga T Winkler
{"title":"Menstruation, Myopia, and Marginalization: Advancing Menstrual Policies to \"Keep Girls in School\" at the Risk of Exacerbating Inequalities.","authors":"Nay Alhelou, Purvaja S Kavattur, Mary M Olson, Lillian Rountree, Inga T Winkler","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>As countries across the world adopt policies addressing menstruation, it is imperative to identify who benefits from such policies and to understand the dynamics of inclusion and exclusion. We examine such policies through the lens of human rights, as a framework that demands addressing marginalization, ensuring substantive equality, and guaranteeing inclusive participation to ensure that the menstrual needs of everyone, everywhere are met. Our review is focused on four countries (India, Kenya, Senegal, and the United States) and is based on data from 34 policy documents and interviews with 85 participants. We show that girls, particularly school-going girls, are the main target group of policies. Due to this myopic view of menstrual needs, policies risk leaving the needs of adult menstruators, including those experiencing (peri)menopause, unaddressed. Moreover, the intersection between menstrual status and markers of identity such as disability and gender identity produces further policy gaps. These gaps can be attributed to the exclusion of marginalized menstruators from decision-making processes by creating barriers and failing to ensure meaningful inclusive participation. To address inequalities, policy makers need to make a concerted effort to understand and accommodate the needs of menstruators in all their diversity.</p>","PeriodicalId":46953,"journal":{"name":"Health and Human Rights","volume":"24 2","pages":"13-28"},"PeriodicalIF":2.5,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/74/28/hhr-24-02-013.PMC9790947.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10444651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"\"No Jab, No Entry\": A Constitutional and Human Rights Perspective on Vaccine Mandates in Ghana.","authors":"Maame Efua Addadzi-Koom","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>As part of global efforts to reach herd immunity to stem the spread of COVID-19, the government of Ghana in 2021 declared December as the month of vaccination. Along with the declaration were statements about the government's intention to make vaccination mandatory in January 2022 for select groups of persons and to restrict access of unvaccinated persons to certain public spaces. The directives attracted varied reactions since they touched on constitutionally guaranteed fundamental human rights. Later, in March 2022, the president eased some restrictions, such as mask wearing and social distancing at public events but subject to all users being fully vaccinated. This paper analyzes the constitutional and human rights implications of a vaccine mandate in Ghana. It answers the question, Is mandatory vaccination necessary and appropriate given the COVID-19 situation in Ghana? I make a case for finding a reasonable balance between the personal liberties of Ghanaians and the state's responsibility to protect public health. Using the proportionality test, I argue that while mandatory vaccination is permissible within Ghana's legal and constitutional framework, a tiered approach is preferable.</p>","PeriodicalId":46953,"journal":{"name":"Health and Human Rights","volume":"24 2","pages":"47-58"},"PeriodicalIF":2.5,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/01/32/hhr-24-02-047.PMC9790959.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10454123","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ghummeida: Outdoor Play in a Militarized Zone.","authors":"Nadera Shalhoub-Kevorkian, Razzan Quran","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This paper connects two seemingly distinct subjects-the right to health and children's play in contexts of a militarized settler colony. Following Ignacio Martín-Baró's articulation of a critical psychology \"of the people,\" we outline the spatial and psychosocial economies of childhood outdoor play as forms of social and political determinants of health and human rights.<sup>1</sup> We offer an analysis through the words and reflections of Palestinian Jerusalemite children that expose the mundane violence produced and sustained by the colonizer, whereby children's play creates spaces of livability against necropolitics. We draw on 50 observations of Palestinian children's play of Ghummeida-hide and seek-spanning 2020 through 2022 in four locations in occupied East Jerusalem. Our analysis proposes three overlapping fields through which Ghummeida operates: as a game, as resistance to spatial suffocation, and against unchilding. Across each of these fields, children's ways of embodying their right to play and live are presented as acts of refusing the chronic political violence they are exposed to. The produced processes include generativity, ownership of space, the surface and the body, and psychic repair. The paper concludes by unveiling how Ghummeida, with its metaphoric and embodied imprints, enables Palestinian children's psychosocial well-being, and pursuit of human rights, through defying their reality under a brutal system of apartheid.</p>","PeriodicalId":46953,"journal":{"name":"Health and Human Rights","volume":"24 2","pages":"293-304"},"PeriodicalIF":3.7,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/50/04/hhr-24-02-293.PMC9790949.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10444650","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Gender-Based Violence Is a Human Rights Violation: Are Donors Responding Adequately? What a Decade of Donor Interventions in Colombia, Kenya, and Uganda Reveals.","authors":"Clarisa Bencomo, Emily Battistini, Terry Mcgovern","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Gender-based violence (GBV) is a violation of human rights and must be addressed as such. This paper examines whether donor practices align with a rights-based approach, using data from our comprehensive study of foreign funding flows related to GBV in Colombia, Kenya, and Uganda from 2010 to 2020. By analyzing data from 1,180 grants-and providing parallel analyses of the state of GBV, and GBV reporting and interventions in each country-we demonstrate donors' role in shaping GBV outcomes and their consequent duty to address policies and practices that violate rights. Accordingly, we propose changes in donor practices to promote realization of the right to freedom from violence.</p>","PeriodicalId":46953,"journal":{"name":"Health and Human Rights","volume":"24 2","pages":"29-45"},"PeriodicalIF":2.5,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/85/02/hhr-24-02-029.PMC9790938.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10444653","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"\"It's Not Whatever, Because This Is Where the Problem Starts\": Racialized Strategies of Elimination as Determinants of Health in Palestine.","authors":"Benjamin Bouquet, Rania Muhareb, Rhona Smith","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>In this paper, we examine the social construction of race as a determinant of health inequities in Palestine. Race myths about Palestinians conform to the \"logic of elimination\" integral to settler colonialism, predicated on the dispossession and removal of the Indigenous people from the land. Racialized legal categorizations of Palestinians are deployed in strategies of elimination that include policies and practices of extrajudicial killing, maiming, and excessive use of force; displacement, dispossession, isolation, and containment; and arbitrary detention and movement restrictions. Differential freedoms and entitlements derive from the deployment of racialized legal categorizations, regulating the material conditions of life and exposure to deliberate bodily harm that make up intermediary determinants of health. Our iterative model outlining the symbolic and systemic constitution of racialized health inequities in Palestine aims to support analysis of the root causes of human rights violations, essential to a human rights-based approach to health. Root-cause analysis confers appropriate recommendations for action. The radical dismantling of systematic racial oppression and domination in Palestine, tantamount to apartheid, is a precondition for realizing the right to health for all.</p>","PeriodicalId":46953,"journal":{"name":"Health and Human Rights","volume":"24 2","pages":"237-254"},"PeriodicalIF":3.7,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/f5/9c/hhr-24-02-237.PMC9790962.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10453661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"COVID-19 Vaccination in Palestine/Israel: Citizenship, Capitalism, and the Logic of Elimination.","authors":"Nicolas Howard, Emily Schneider","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Despite Israel's responsibility under international law to combat the spread of contagious diseases and epidemics in its occupied territories, Israeli officials have refused to distribute COVID-19 vaccines to Palestinians in the West Bank and Gaza Strip. Through a critical discourse analysis of Israeli officials' statements regarding Israel's COVID-19 vaccination campaign, this paper explores how Israel evades this responsibility while presenting itself as committed to public health and human rights. We find that Israeli officials strategically present Palestinians as an autonomous nation when discussing COVID-19 vaccinations, despite Israel's ongoing attempts to prevent the creation of a Palestinian state. Relatedly, Israel justifies its refusal to vaccinate Palestinians on the grounds of the Palestinian Authority's economic independence, thereby obscuring Israel's control over the Palestinian economy. In this way, Israel relies on citizenship and economic inequality, as internationally sanctioned forms of exclusion, to deny Palestinians their right to health. Drawing on theorists such as Michel Foucault, Achille Mbembe, and Jasbir Puar, we argue that withholding vaccines from Palestinians reveals the ways that Israel furthers its settler-colonial aims under the guise of liberal humanitarianism and economic growth. Instead of directing these conclusions toward Israel as an exceptional case, we contend that these processes reveal how settler-colonial societies use liberal frameworks of citizenship and capitalism to carry out their racialized projects of elimination.</p>","PeriodicalId":46953,"journal":{"name":"Health and Human Rights","volume":"24 2","pages":"265-279"},"PeriodicalIF":3.7,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/b6/ab/hhr-24-02-265.PMC9790952.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10453662","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Caroline M Parker, Oscar E Miranda-Miller, Carmen Albizu-García
{"title":"Involuntary Civil Commitment for Substance Use Disorders in Puerto Rico: Neglected Rights Violations and Implications for Legal Reform.","authors":"Caroline M Parker, Oscar E Miranda-Miller, Carmen Albizu-García","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Laws facilitating the involuntary civil commitment (ICC) of people with substance use disorders vary considerably internationally and across the United States. Puerto Rico, a colonial territory of the United States since 1898, currently harbors the most punitive ICC legislation in the country. It is the only place in the United States where self-sufficient adults who pose no grave danger to themselves or others can be involuntarily committed to restrictive residential facilities for over a year at a time without ever being assessed by a health care professional. The involuntary commitment of otherwise-able citizens-many of whom have never been diagnosed with a substance use disorder-continues to be ignored nationally and internationally. In this paper, we specify how Puerto Rican ICC law and procedures systematically violate rights and liberties that are supposed to be guaranteed by Puerto Rico's Mental Health Act, the US Federal Supreme Court, and the Universal Declaration of Human Rights. To ensure that Puerto Rico's ICC procedures conform to prevailing local, national, and international standards, we propose a series of legislative reforms. Finally, we highlight the importance of addressing the preponderance of poorly constructed ICC laws both within the United States and internationally.</p>","PeriodicalId":46953,"journal":{"name":"Health and Human Rights","volume":"24 2","pages":"59-70"},"PeriodicalIF":3.7,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/99/44/hhr-24-02-059.PMC9790954.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10454122","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Upholding Human Rights in the Wake of COVID-19: Time to Strengthen Pharmaceutical Accountability.","authors":"Rosalind Turkie","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":46953,"journal":{"name":"Health and Human Rights","volume":"24 2","pages":"205-209"},"PeriodicalIF":3.7,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/f7/85/hhr-24-02-205.PMC9790958.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"9180646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}