Health and Human Rights : Basic International Documents

by Marks, Stephen P.

• ISBN13: 9780674018099
• ISBN10: 0674018095
• Format: Paperback
• Copyright: 2005-09-01
• Publisher: Harvard Univ Pr

Summary

This collection of texts provides the practitioner, scholar, and advocate with easy access to the most basic instruments of international law and policy that express the values of human rights for advancing health. It is the first in a series on health and human rights from the Francois-Xavier Bagnoud Center for Health and Human Rights at the Harvard School of Public Health. Topics include: professional ethics; research and experimentation; treatment of prisoners and detainees; patients' rights; right to health; right to life; freedom from torture, war crimes, crimes against humanity, and genocide; the right to an adequate standard of living; women and reproductive health; children; persons with disabilities; rights of older persons; infectious diseases; business, trade, and intellectual property; occupational health and safety; biotechnology; and protection of the environment. This work will be an indispensable reference for students and professors in courses covering the intersection of health and human rights.

Table of Contents

INTRODUCTION	V
I. HEALTH AND MEDICAL PROFESSIONS
A. Professional Ethics	1	(8)
Declaration of Geneva (1948, 1968, 1983, 1994)	1	(1)
World Medical Association International Code of Medical Ethics (1949, 1968, 1983)	1	(1)
Nurses and Human Rights (1998)	2	(1)
Madrid Declaration on Ethical Standards for Psychiatric Practice (1996, 2002)	3	(6)
B. Research and Experimentation	9	(14)
Nuremberg Code (1947)	9	(1)
International Covenant on Civil and Political Rights, Article 7 (1966)	10	(1)
Human Rights Committee General Comment 20 (1992)	10	(1)
Declaration of Helsinki: Ethical Principles for Medical Research Involving Human Subjects (1964, 1975, 1983, 1989, 1996, 2000, 2002)	11	(3)
International Ethical Guidelines for Biomedical Research Involving Human Subjects (2002)	14	(9)
C. Treatment of Prisoners and Detainees	23	(10)
Standard Minimum Rules for the Treatment of Prisoners and for the Effective Implementation of the Standard Minimum Rules (1955, 1957, 1977)	23	(7)
Declaration Concerning Support for Medical Doctors Refusing to Participate in, or to Condone, the Use of Torture or Other Forms of Cruel, Inhuman or Degrading Treatment (1997)	30	(1)
Nurses' Role in the Care of Prisoners and Detainees (1998)	31	(2)
D. Patients' Rights	33	(4)
Principles of the Rights of Patients in Europe (1994)	33	(4)
II. THE RIGHT TO HEALTH
A. UN Texts	37	(18)
Universal Declaration of Human Rights, Article 25 (1948)	37	(1)
International Covenant on Economic, Social and Cultural Rights, Article 12 (1966)	37	(1)
International Convention on the Elimination of All Forms of Racial Discrimination, Article 5(e) (iv) (1965)	38	(1)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Article 11.1 (f) and Article 12 (1979)	38	(1)
Convention on the Rights of the Child (CRC), Article 24 (1989)	39	(1)
General Comment 14 (2000)	40	(15)
B. Regional Texts	55	(2)
European Social Charter of 1961 as Revised in 1996, Article 11 (1996)	55	(1)
African Charter on Human and Peoples' Rights, Article 16, (1981)	55	(1)
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, Article 10 (1988)	55	(2)
C. Other General Texts on Health and Human Rights	57	(8)
Declaration of Alma-Ata (1978)	57	(2)
Peoples' Charter for Health (2000)	59	(6)
III. PROTECTION OF EXISTENCE AND PHYSICAL INTEGRITY
A. The Right to Life	65	(6)
Universal Declaration of Human Rights, Article 3 (1948)	65	(1)
International Covenant on Civil and Political Rights, Article 6 (1966)	65	(1)
Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of the Death Penalty (1989)	66	(2)
World Medical Association Resolution on Physician Participation in Capital Punishment (1981)	68	(1)
Torture, Death Penalty and Participation by Nurses in Executions (1998)	68	(1)
Declaration on the Participation of Psychiatrists in the Death Penalty (1989)	69	(2)
B. Freedom from Torture	71	(10)
Universal Declaration of Human Rights, Article 5 (1948)	71	(1)
International Covenant on Civil and Political Rights, Article 7 (1966)	71	(1)
Convention Against Torture, Articles 1-4 (1984)	71	(1)
Declaration of Tokyo: Guidelines for Medical Doctors Concerning Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment (1975)	72	(1)
Principles of Medical Ethics Relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1982)	73	(1)
Torture, Death Penalty and Participation by Nurses in Executions (1998)	74	(1)
Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) (1999)	74	(4)
Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2000)	78	(3)
C. Disappearances and Summary and Extra-Judicial Execution	81	(12)
Declaration on the Protection of All Persons from Enforced Disappearances (1992)	81	(5)
Inter-American Convention on Forced Disappearance of Persons (1994)	86	(4)
Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions (1989)	90	(3)
D. War Crimes, Crimes Against Humanity, Genocide	93	(18)
Common Article 3 of the Geneva Conventions (1949)	93	(1)
Convention on the Prevention and Punishment of the Crime of Genocide (1948)	94	(3)
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I): Grave Breaches (1977)	97	(1)
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) (1977)	98	(5)
Statute of the International Criminal Court (1998)	103	(8)
IV. HEALTH ASPECTS OF THE RIGHT TO AN ADEQUATE STANDARD OF LIVING (OTHER THAN THE RIGHT TO HEALTH)
A. The Right to an Adequate Standard of Living in General	111	(8)
Universal Declaration of Human Rights, Article 25 (1948)	111	(1)
International Covenant on Economic, Social and Cultural Rights (ICI7SCR), Article 11 (1966)	111	(1)
United Nations Millennium Declaration (2000)	112	(7)
B. The Right to Adequate Food	119	(18)
Universal Declaration on the Eradication of Hunger and Malnutrition (1974)	119	(3)
General Comment 12: The Right to Adequate Food (1999)	122	(6)
Voluntary Guidelines on the Right to Adequate Food (2004)	128	(9)
C. The Right to Adequate Housing	137	(6)
General Comment 4: The Right to Adequate Housing (1991)	137	(6)
D. The Right to Education	143	(14)
International Covenant on Economic, Social and Cultural Rights, Articles 13 & 14 (1966)	143	(1)
General Comment 13: The Right to Education (1999)	144	(8)
The Dakar Framework for Action - Education for All: Meeting Our Collective Commitments (2000)	152	(5)
V. HEALTH AND HUMAN RIGHTS OF VULNERABLE POPULATIONS
A. Women and Reproductive Health	157	(26)
General Recommendation 14: Female Circumcision (1990)	157	(1)
General Recommendation 15: Avoidance of Discrimination Against Women in National Strategies for the Prevention and Control of Acquired Immunodeficiency Syndrome (AIDS) (1990:	158	(1)
Programme of Action of the International Conference on Population and Development (1994)	159	(6)
Platform of Action of the Fourth World Conference on Women (1995)	165	(6)
Plan of Action for the Elimination of Harmful Traditional Practices Affecting the Health of Women and Children (1994)	171	(5)
General Recommendation No. 24: Women and Health (1999)	176	(3)
Declaration on the Elimination of Violence Against Women (1993)	179	(4)
B. Children	183	(24)
Convention on the Rights of the Child (1989)	183	(12)
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I): Children (1977)	195	(2)
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II): Children (1977)	197	(1)
Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (1999)	197	(3)
General Comment No. 4: Adolescent Health and Development (2003)	200	(7)
C. Disabilities	207	(16)
General Comment 5: Persons with Disabilities (1994)	207	(3)
Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care (1991)	210	(8)
Draft Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities (2004)	218	(5)
D. Rights of Older Persons	223	(6)
World Medical Association Declaration on the Abuse of the Elderly (1989, 1990)	223	(1)
General Comment 6: The Economic, Social and Cultural Rights of Older Persons (1995)	224	(5)
E. Refugees and Displaced Persons	229	(14)
Convention Relating to the Status of Refugees (1951)	229	(7)
Guiding Principles on Internal Displacement (1998)	236	(7)
VI. HUMAN RIGHTS ASPECTS OF HEALTH POLICY
A. Infectious Diseases	243	(20)
International Guidelines on HIV/Aids and Human Rights (with revised Guideline 6) (1998, 2002)	243	(7)
General Comment No. 3: HIV/AIDS and the Rights of the Child (2003)	250	(10)
Commission on Human Rights Resolution 2004/26: Access to Medication in the Context of Pandemics Such as HIV/AIDS, Tuberculosis and Malaria (2004)	260	(3)
B. Business, Trade, and Intellectual Property	263	(10)
Doha Declaration on the TRIPS Agreement and Public Health (2001)	263	(1)
Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health (2003)	264	(3)
Norms on the Responsibilities of Transnational Corporations and other Business Enterprises with Regard to Human Rights (2003)	267	(6)
C. Occupational Health and Safety	273	(8)
Convention Concerning Occupational Safety and Health and the Working Environment (1981)	273	(5)
Protocol of 2002 to the Occupational Safety and Health Convention (2002)	278
VII. BIOTECHNOLOGY
Universal Declaration on the Human Genome and Human Rights (1997)	281	(4)
Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine (1997)	285	(6)
International Declaration on Human Genetic Data (2003)	291	(8)
Draft International Convention on the Prohibition of All Forms of Human Cloning (2004)	299	(6)
VIII. PROTECTION OF THE ENVIRONMENT
African Charter on Human and Peoples' Rights, Article 24 (1981)	305	(1)
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, Article 11 (1) (1988)	305	(1)
ILO Convention (No. 169) Concerning Indigenous and Tribal Peoples in Independent Countries (1989)	305	(6)
Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters (1998, 2001)	311	(5)
Draft Declaration of Principles on Human Rights and the Environment (1994)	316