Health and Human Rights : Basic International Documents

by Marks, Stephen P.

• ISBN13: 9780674023772
• ISBN10: 0674023773
• Edition: 2nd
• Format: Paperback
• Copyright: 2006-09-30
• Publisher: Harvard Univ Pr

Summary

This collection of basic texts on health and human rights is designed to provide the practitioner, scholar, and advocate with easy access to key instruments of international law and policy that express the values of human rights for advancing health. This is a revised and expanded second edition of the edition published in 2004 as the first in a Series on Health and Human Rights produced by the Francois-Xavier Bagnoud (FXB) Center for Health and Human Rights at the Harvard School of Public Health and distributed by Harvard University Press.

Table of Contents

Introduction to the Second Edition	ix
1. Basic Texts in Human Rights
A. International Bill of Human Rights	1	(22)
Universal Declaration of Human Rights (1948)	1	(3)
International Covenant on Economic, Social and Cultural Rights (1966)	4	(7)
International Covenant on Civil and Political Rights (1966)	11	(12)
B. World Conference on Human Rights	23	(2)
Vienna Declaration and Programme of Action (1993)	23	(2)
C. Summit of Heads of State and Government	25	(2)
World Summit Outcome (2005)	25	(2)
2. Basic Texts in Bioethics
A. Professional Ethics	27	(7)
Declaration of Geneva (1948, 1968, 1983, 1994, 2005)	27	(1)
World Medical Association International Code of Medical Ethics (1949, 1968, 1983)	27	(1)
Nurses and Human Rights (1998)	28	(1)
Madrid Declaration on Ethical Standards for Psychiatric Practice (1996, 2002)	29	(5)
B. Research and Experimentation	34	(13)
Nuremberg Code (1947)	34	(1)
International Covenant on Civil and Political Rights, Article 7 (1966)	35	(1)
Human Rights Committee General Comment 20 (1992)	35	(1)
Declaration of Helsinki: Ethical Principles for Medical Research Involving Human Subjects (1964, 1975, 1983, 1989, 1996, 2000, 2002)	36	(3)
International Ethical Guidelines for Biomedical Research Involving Human Subjects (2002)	39	(8)
C. Bioethics and Biotechnology	47	(33)
Universal Declaration on the Human Genome and Human Rights (1997)	47	(5)
Convention on Human Rights and Biomedicine (1997)	52	(5)
Protocol to the Human Rights and Biomedicine Convention on the Cloning of Human Beings (1998)	57	(1)
Protocol to the Human Rights and Biomedicine Convention Concerning Transplantation of Human Organs (2002)	58	(4)
International Declaration on Human Genetic Data (2003)	62	(8)
Universal Declaration on Bioethics and Human Rights (2005)	70	(7)
World Medical Association Statement on Genetics and Medicine (2005)	77	(3)
3. Basic Texts on the Right to Health
A. UN Texts on the Right to Health	80	(18)
Universal Declaration of Human Rights, Article 25 (1948)	80	(1)
International Covenant on Economic, Social and Cultural Rights, Article 12 (1966)	80	(1)
International Convention on the Elimination of All Forms of Racial Discrimination, Article 5(e) (iv) (1965)	81	(1)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Article 11.1 (f) and Article 12 (1979)	81	(1)
Convention on the Rights of the Child (CRC), Article 24 (1989)	82	(1)
CESCR General Comment 14 (2000)	82	(16)
B. Regional Texts on the Right to Health	98	(1)
European Social Charter of 1961 as Revised in 1996, Article 11 (1996)	98	(1)
African Charter on Human and Peoples' Rights, Article 16 (1981)	98	(1)
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, Article 10 (1988)	98	(1)
C. Other General Texts on Health and Human Rights	99	(10)
Declaration of Alma-Ata (1978)	99	(2)
Peoples' Charter for Health (2000)	101	(5)
The Leaders Statement on the Right to Health (2005)	106	(3)
4. Protection of Life and Physical Integrity
A. The Right to Life	109	(4)
Universal Declaration of Human Rights, Article 3 (1948)	109	(1)
International Covenant on Civil and Political Rights, Article 6 (1966)	109	(1)
Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of the Death Penalty (1989)	110	(2)
World Medical Association Resolution on Physician Participation in Capital Punishment (1981)	112	(1)
Declaration on the Participation of Psychiatrists in the Death Penalty (1989)	112	(1)
Torture, Death Penalty and Participation by Nurses in Executions (1998)	112	(1)
B. Freedom from Torture and other Forms of Abuse	113	(20)
Universal Declaration of Human Rights, Article 5 (1948)	113	(1)
Standard Minimum Rules for the Treatment of Prisoners and for the Effective Implementation of the Standard Minimum Rules (1955, 1957, 1977)	113	(8)
International Covenant on Civil and Political Rights, Article 7 (1966)	121	(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)	121	(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)	122	(1)
Convention Against Torture, Articles 1-4 (1984)	123	(1)
Vienna Declaration and Programme of Action (1993)	124	(1)
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)	125	(1)
Nurses' Role in the Care of Prisoners and Detainees (1998)	126	(1)
Torture, Death Penalty and Participation by Nurses in Executions (1998)	126	(1)
Istanbul Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1999, 2004)	127	(4)
Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2000)	131	(2)
C. Disappearances and Summary and Extra-Judicial Execution	133	(11)
Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions (1989)	133	(2)
Declaration on the Protection of All Persons from Enforced Disappearances (1992)	135	(5)
Inter-American Convention on Forced Disappearance of Persons (1994)	140	(4)
D. Armed Conflict, Crimes Against Humanity, and Genocide	144	(18)
Common Article 3 of the Geneva Conventions (1949)	144	(1)
Convention on the Prevention and Punishment of the Crime of Genocide (1948)	145	(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)	148	(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)	149	(5)
Statute of the International Criminal Court (1998)	154	(8)
5. 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	162	(11)
Universal Declaration of Human Rights, Article 25 (1948)	162	(1)
International Covenant on Economic, Social and Cultural Rights (ICESCR), Article 11 (1966)	162	(1)
Declaration on the Right to Development (1986)	163	(3)
Maastricht Guidelines on Violations of Economic, Social and Cultural Rights (1997)	166	(5)
Millennium Development Goals (2002)	171	(2)
B. The Right to Adequate Food	173	(20)
Universal Declaration on the Eradication of Hunger and Malnutrition (1974)	173	(4)
CESCR General Comment 12: The Right to Adequate Food (1999)	177	(7)
Voluntary Guidelines on the Right to Adequate Food (2004)	184	(9)
C. The Right to Adequate Housing	193	(5)
CESCR General Comment 4: The Right to Adequate Housing (1991)	193	(5)
D. The Right to Education	198	(14)
International Covenant on Economic, Social and Cultural Rights, Articles 13 & 14 (1966)	198	(1)
CESCR General Comment 13: The Right to Education (1999)	199	(8)
The Dakar Framework for Action — Education for All: Meeting Our Collective Commitments (2000)	207	(5)
6. Health and Human Rights of Vulnerable Populations
A. Women and Reproductive Health	212	(37)
Convention on the Elimination of All Forms of Discrimination against Women (1979)	212	(7)
CEDAW General Recommendation 14: Female Circumcision (1990)	219	(1)
CEDAW General Recommendation 15: Avoidance of Discrimination Against Women in National Strategies for the Prevention and Control of Acquired Immunodeficiency Syndrome (AIDS) (1990)	220	(1)
Vienna Declaration and Programme of Action (1993)	221	(2)
Programme of Action of the International Conference on Population and Development (1994)	223	(6)
Platform of Action of the Fourth World Conference on Women (1995)	229	(7)
Plan of Action for the Elimination of Harmful Traditional Practices Affecting the Health of Women and Children (1994)	236	(5)
CEDAW General Recommendation No. 24: Women and Health (1999)	241	(3)
Declaration on the Elimination of Violence Against Women (1993)	244	(4)
2005 World Summit Outcome	248	(1)
B. Children	249	(30)
Convention on the Rights of the Child (CRC) (1989)	249	(13)
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I)	262	(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)	264	(1)
Vienna Declaration and Programme of Action (1993)	264	(2)
Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (1999)	266	(3)
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000)	269	(3)
CRC General Comment No. 4: Adolescent Health and Development (2003)	272	(5)
2005 World Summit Outcome	277	(2)
C. Disabilities	279	(21)
CESCR General Comment 5: Persons with Disabilities (1994)	279	(3)
Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care (1991)	282	(8)
Vienna Declaration and Programme of Action (1993)	290	(1)
Draft Comprehensive Convention on Rights of Persons with Disabilities (2006)	291	(9)
2005 World Summit Outcome (2005)	300	(1)
D. Rights of Older Persons	300	(6)
World Medical Association Declaration on the Abuse of the Elderly (1989, 1990)	300	(2)
General Comment 6: The Economic, Social and Cultural Rights of Older Persons (1995)	302	(4)
E. Refugees and Displaced Persons	306	(13)
Convention Relating to the Status of Refugees (1951)	306	(7)
Guiding Principles on Internal Displacement (1998)	313	(6)
7. Human Rights Aspects of Health Policy
A. Infectious Diseases	319	(34)
Siracusa Principles on the Limitation and Derogation (1984)	319	(3)
International Guidelines on HIV/AIDS and Human Rights (with revised Guideline 6) (1998, 2002)	322	(8)
CRC General Comment No. 3: HIV/AIDS and the Rights of the Child (2003)	330	(10)
Commission on Human Rights Resolution 2005/23: Access to Medication in the Context of Pandemics Such as HIV/AIDS, Tuberculosis and Malaria (2005)	340	(4)
International Health Regulations (revised 2005)	344	(5)
Montreal Declaration on the Human Right to Essential Medicines (2005)	349	(2)
2005 World Summit Outcome	351	(2)
B. Business, Trade, and Intellectual Property	353	(10)
Doha Declaration on the TRIPS Agreement and Public Health (2001)	353	(1)
Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health (2003)	354	(3)
Norms on the Responsibilities of Transnational Corporations and other Business Enterprises with Regard to Human Rights (2003)	357	(5)
CESCR General Comment No.17: The Rights of Authors (2005)	362	(1)
C. Occupational Health and Safety and Tobacco Control	363	(12)
ILO Convention Concerning Occupational Safety and Health and the Working Environment (1981)	363	(5)
ILO Protocol of 2002 to the Occupational Safety and Health Convention (2002)	368	(3)
Framework Convention on Tobacco Control (2005)	371
8. Protection of the Environment
Stockholm Declaration of UN Conference on Environment (1972)	375	(1)
African Charter on Human and Peoples' Rights, Article 24 (1981)	376	(1)
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, Article 11 (1) (1988)	376	(1)
ILO Convention (No. 169) Concerning Indigenous and Tribal Peoples in Independent Countries (1989)	376	(6)
Rio Declaration on Environment and Development (1992)	382	(3)
Vienna Declaration and Programme of Action (1993)	385	(1)
Draft Declaration of Principles on Human Rights and the Environment (1994)	385	(3)
Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters (1998, 2001)	388