Book contents
- Frontmatter
- Contents
- Contributors
- Acknowledgments
- 1 Introduction: Why Economic and Social Human Rights?
- I CORE RIGHTS
- 2 The Right to Food: A Global Perspective
- 3 Globalization and the Right to Health
- 4 Demolishing Housing Rights in the Name of Market Fundamentalism: The Dynamics of Displacement in the United States, India, and South Africa
- 5 Implementation of the Human Right to Social Security around the World: A Preliminary Analysis of National Social Protections Laws
- 6 Why Is the Right to Work So Hard to Secure?
- II NONDISCRIMINATION
- III META
- Index
- References
3 - Globalization and the Right to Health
Published online by Cambridge University Press: 05 February 2013
Edited by
Book contents
- Frontmatter
- Contents
- Contributors
- Acknowledgments
- 1 Introduction: Why Economic and Social Human Rights?
- I CORE RIGHTS
- 2 The Right to Food: A Global Perspective
- 3 Globalization and the Right to Health
- 4 Demolishing Housing Rights in the Name of Market Fundamentalism: The Dynamics of Displacement in the United States, India, and South Africa
- 5 Implementation of the Human Right to Social Security around the World: A Preliminary Analysis of National Social Protections Laws
- 6 Why Is the Right to Work So Hard to Secure?
- II NONDISCRIMINATION
- III META
- Index
- References
Summary
Introduction
Like many other economic and social rights, the recognition of a right related to health or health care is a relatively recent development. The Universal Declaration of Human Rights enumerates a right to a standard of living adequate for health and well-being that includes medical care (1948, Article 25). Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR; 1966) expands the conception of the right “to the highest attainable standard of physical and mental health” (referred to subsequently as the right to health). The broad brush strokes of Article 12 direct state parties to provide for maternal and child health; improve environmental and industrial hygiene; ensure prevention, treatment, and control of epidemic, endemic, occupational, and other diseases; and create conditions that would assure medical service and medical attention in the event of sickness to all.
There was considerable uncertainty about the precise requirements of the right and scope of state party responsibilities until 2000, when the United Nations Committee on Economic, Social and Cultural Rights (CESCR) adopted a general comment with its interpretation. According to the text of General Comment No.14 (GC 14), the right to health is an inclusive right that goes well beyond the four original provisions outlined in the ICESCR, which it characterizes as merely illustrative. The right to health is not understood as a right to be healthy (para. 8), but as the right to a variety of facilities, goods, services, and conditions necessary for the realization of the highest attainable standard of health (para. 9). These extend not only to the availability of timely and appropriate health care, but also incorporate the underlying determinants of health such as access to safe and potable water, adequate sanitation, an adequate supply of safe and nutritious food, healthy occupational and environmental conditions, and access to health-related education and information, including on sexual and reproductive health (para. 11). GC 14 emphasizes the special obligations of the state to provide for the satisfaction of the health needs of those whose poverty, disabilities, or background makes them more vulnerable (CESCR 2000, paras. 20–27). Like other general comments, GC 14 specifies three types of state responsibilities: the obligations to respect, protect, and fulfill the right (paras. 33–37).
- Type
- Chapter
- Information
- The State of Economic and Social Human RightsA Global Overview, pp. 61 - 85Publisher: Cambridge University PressPrint publication year: 2013
References
and , 2007. Human Rights and Structural Adjustment, New York: Cambridge University Press.Google Scholar
, 2003. “Patterns of Skill Premia,” Review of Economic Studies 70(2): 199–230.CrossRefGoogle Scholar
, , , and , 2006. “The Bolivian health system and its impact on health care use and financial risk protection.” Discussion paper no. 7:1–30. World Health Organization – Cluster ‘Evidence and Information for Policy’ (EIP). Retrieved from .
, 2005. “The Roles of the IMF, World Bank and WTO in Liberalization and Privatization of the Water Services Sector,” Citizen's Network on Essential Services. Retrieved from .
, 2000. “Getting Better after Neoliberalism: Shifts and Challenges of Health Policy in Chile,” in (Ed.) Healthcare Reform & Poverty in Latin America, 94–111, London: Institute of Latin American Studies.Google Scholar
and , 2007. “How to Promote Global Health,” A Foreign Affairs Roundtable. Retrieved from .
, 1999. “Globalization and the Developing Countries: The Inequality Risk.” Remarks at Overseas Development Council Conference, International Trade Center, Washington, DC.
, 2005. “Debt and Development: How to Provide Efficient, Effective Assistance to the World's Poorest Countries.” Working Paper, Washington, DC: Center for Global Development.
and , 2003. “Defining Equity in Health,” Journal of Epidemiology and Community Health 57: 254–258.CrossRefGoogle ScholarPubMed
(The Centre for Economic Governance and AIDS in Africa) and RESULTS Educational Fund (REF), 2009. “Evidence of the Impact of IMF Fiscal and Monetary Policies on the Capacity to Address HIV/AIDS and TB Crises in Kenya, Tanzania and Zambia.”
(Committee on Economic, Social and Cultural Rights), 1998. Statement on Globalization, UN Doc. E/C.12/1999/11 and Corr.1, annex VII.
CESCR (Committee on Economic, Social and Cultural Rights), 2000. General Comment No. 14: The right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights), UN Doc. E/C.12/2000/4.
(Committee on Economic, Social and Cultural Rights), 2002. General Comment No. 15: The Right to Water (Arts. 11 & 12 of the International Covenant on Economic, Social and Cultural Rights), U.N. Doc. E/C.12/2000.
, 2009. “Globalization, Human Rights, and the Social Determinants of Health,” Bioethics 23(2): 97–111.CrossRefGoogle ScholarPubMed
, 2003. “The Dual nature of trade: measuring its impact on imitation and growth,” Journal of Development Economics 72(1): 31–55.CrossRefGoogle Scholar
, , and , 2009. “An Empirical Investigation of the Relation between Globalization and Health,” in , , , and (Eds.) Globalization and Health: Pathways, Evidence and Policy, 34–62, New York and London: Routledge.Google Scholar
., 2009. “Intellectual Property Rights and Inequalities in Health Outcomes,” in , , , and (Eds.) Globalization and Health: Pathways, Evidence and Policy, 263–288, New York and London: Routledge.Google Scholar
, , and , 2007. “Why Justice Is Good for Our Health: The Social Determinants of Health Inequalities,” in , , , and (Eds.) Public Health Ethics: Theory, Policy, and Practice, 205–230, New York: Oxford University Press.Google Scholar
, 2003. “Trade Liberalization and Income Distribution” NBER Working Paper No. 5693, National Bureau of Economic Research.
and , 2005. “Privatisation and Human Rights: An Overview,” in and (Eds.) Privatisation and Human Rights in the Age of Globalisation, 1–8, Antwerp and Oxford: Intersentia.Google Scholar
, 2007. “Major Challenges/Minor Response,” A Foreign Affairs Roundtable. Retrieved from .
, 2004. “The case for abolition of user fees for primary health services,” London: Health Systems Resource Centre, Department for International Development.
and , 2007. “Public Policy and Economic Rights in Ghana and Uganda,” in and (Eds.) Economic Rights: Conceptual, Measurement and Policy Issues pp. 325–344, New York: Cambridge University Press.CrossRefGoogle Scholar
and , 2003. “The Impact of Trade Liberalization on Wage Inequality: Evidence from Argentina,” Journal of Development Economics 72(2): 497–513.CrossRefGoogle Scholar
, 2007. “The Challenge of Global Health: Beware of What You Wish For,” Foreign Affairs (January/February), accessed at .
, 2010. “Rich Countries’ Aid Generosity,” Annual Letter from Bill Gates.
, 2005. “Globalisation, Privatisation and Human Rights,” in and (Eds.) Privatisation and Human Rights in the Age of Globalisation, 9–32, Antwerp and Oxford: Intersentia.Google Scholar
. and , Jr., 2007. “Global Health Law, Ethics, and Policy,” The Journal of Law, Medicine & Ethics 35:519–525.CrossRefGoogle ScholarPubMed
, 1996. “Marketing the Third World: The Contradictions of Portfolio Investment in the Global Economy,” World Development l 24(11): 1761–1776.CrossRefGoogle Scholar
, , and , 2009. “Globalization, Trade, and the Nutrition Transition,” in , , , and (Eds.) Globalization and Health: Pathways, Evidence and Policy, 2235–2262, New York and London: Routledge.Google Scholar
, , , , and , 2000. “Health Reform: Theory and Practice in El Salvador,” in (Ed.) Healthcare Reform & Poverty in Latin America, 57–77, London: Institute of Latin American Studies.Google Scholar
. 2005. “The Second Great Transformation: Human Rights Leapfrogging in the Era of Globalization,” Human Rights Quarterly 27(1): 1–40.CrossRefGoogle Scholar
. 2010. Can Globalization Promote Human Rights? Philadelphia: University of Pennsylvania Press.Google Scholar
(2008). Draft Guidelines for Pharmaceutical Corporations. Retrieved from .
, , , , , and , 2007. “Rural Health Care in Vietnam and China: Conflict between market reforms and social need,” International Journal of Health Services 37(3): 555–572.CrossRefGoogle ScholarPubMed
, 1966. Retrieved from .
, , and , 2008. “Rising Income Inequality: Technology, or Trade and Financial Globalization?” IMF Working Paper 08185. Retrieved from .
, 2004. “The Privatization of Public Interest: Theorizing NGO discourse in a public era,” Review of International Public Economy 11(1): 155–176.Google Scholar
, 2005. “The Sachs Report: Investing in Health for Economic Development – Or Increasing the Size of the Crumbs from the Rich Man's Table?” International Journal of Health Services 35(1): 171–188.CrossRefGoogle Scholar
and , 2009. “Global public action in health and pharmaceutical policies: politics and policy priorities,” Innovation Knowledge Development Working Paper No. 45, The Open University.
., 2007. “Global Shortages of Health Workers, Brain Drain Stress on Developing Countries,” Journal of the American Medical Association 298: 1853–1855.CrossRefGoogle Scholar
, , , , , , , and . 2007. Towards Health Equitable Globalisation: Rights, Regulation, and Redistribution. Final Report to the Commission on Social Determinants of Health Globalization Knowledge Network. Retrieved from .
and , 2008. “Coping with out of pocket health payments: Empirical evidence from 15 African countries,” Bulletin of the World Health Organization 86: 849–856.CrossRefGoogle ScholarPubMed
, 2007. “Processes of change and challenges for health systems based on the renewed PHC Strategy.” VII Regional Forum: Strengthening PHC-Based Health Systems, PAHO.
and , 2009. “Globalization and Health Systems Change,” in , , , and (Eds.) Globalization and Health: Pathways, Evidence and Policy, 181–212, New York and London: Routledge.Google Scholar
, 2006. “The Privatization of Health Care in Europe: An Eight-Country Analysis,” Journal of Health Politics, Policy and Law 31(5): 981–1014.CrossRefGoogle ScholarPubMed
, 2010. Wealth, Health and Democracy in East Asia and Latin America, New York: Cambridge University Press.CrossRefGoogle Scholar
, 2007. “On Reconciling Irreconcilables: Neoliberal Globalisation and Human Rights,” Human Rights Law Review 3: 483–509.CrossRefGoogle Scholar
and , 2004. “World Bank Policies and the Obligations of Its Members to Respect, Protect and Fulfill the Right to Health,” Health and Human Rights 8(1): 27–62.Google Scholar
and , 2008. “Correcting Globalisation in Health: Transnational Entitlements versus the Ethical Imperative of Reducing Aid-Dependency,” Public Health Ethics 1(2): 154–170.CrossRefGoogle Scholar
, 2009. “Blind Optimism: Challenging the myths about private health care in poor countries,” Oxfam Briefing Paper No. 125.
, 2006. “Goodbye Washington Consensus, Hello Washington Consensus,” Journal of Economic Literature 44: 973–987.CrossRefGoogle Scholar
and , 2003. “Financial Systems, Economic Growth and Globalization,” in , , and (Eds.) Globalization in Historical Perspective, 373–413, Chicago: University of Chicago Press.CrossRefGoogle Scholar
, 2009. The Deadly Ideas of Neoliberalism: How the IMF Has Undermined Public Health and the Fight Against AIDS, London and New York: Zed Books.Google Scholar
, 2008. Globalization and the Race to the Bottom in Developing Countries: Who Really Gets Hurt? Cambridge England and New York: Cambridge University Press.CrossRefGoogle Scholar
., 2007. “Beware False Tradeoffs,” A Foreign Affairs Roundtable. Retrieved from .
, 2004. Structural Adjustment: The SAPRIN REPORT: The Policy Roots of Economic Crisis, Poverty, and Inequality. London: Zed Books.Google Scholar
., 2009. “The power of money, global financial markets, national politics, and social determinants of health,” in & (Eds.) Global health governance: Crisis, institutions and political economy, 150–181, New York: Palgrave Macmillan.Google Scholar
, 2011. “The Health Case for Economic and Social Rights Against the Global Marketplace,” Journal of Human Rights 10(2): 151–177.CrossRefGoogle Scholar
, , , and , 2010. “Advancing health equity in the global marketplace: How human rights can help,” Social Science & Medicine 71: 1520–1526.CrossRefGoogle ScholarPubMed
and , 2007. “Unequal, Unfair, Ineffective and Inefficient. Gender Inequity in Health: Why it exists and how we can change it.” Final report to the WHO Commission on Social Determinants of Health, September 2007. Retrieved from .
, , , , , , and , 2011. “Revisiting Health Policy and the World Bank in Bolivia,” Global Social Policy 11(22): 22–44.CrossRefGoogle Scholar
., 2008. Genealogies of Citizenship: Market, Statelessness, and the Right to have Rights, Cambridge: Cambridge University Press.Google Scholar
and , 1999. “Outward-Orientation and Development: Are Revisionists Right,” Working Papers 806, Economic Growth Center, Yale University.
and , 2009. “Global Financing for Health: Aid and Debt Relief,” in , , , and (Eds.) Globalization and Health, Pathways, Evidence and Policy, 152–180, New York: Routledge Press.Google Scholar
, 2006. “The Right to Health and the Privatization of National Health Systems: A Case Study of the Netherlands,” Health and Human Rights 9(1): 102–127.CrossRefGoogle ScholarPubMed
, 1948. Universal Declaration of Human Rights, adopted 10 Dec. 1948. United Nations General Assembly Res. 217 A (III). Retrieved from .
, 2008. “Nationwide Needs Assessment for Emergency Obstetric and Newborn Care Services in Sierra Leone,” Reproductive and Child Health Programme, Ministry of Health and Sanitation.
, 2003. The IMF and Economic Development, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
, , and , 2007. “Privatization of Health Services in Less Developed Countries: An Empirical Response to the Proposals of the World Bank and Wharton School,” International Journal of Health Services 37(2): 205–227.CrossRefGoogle ScholarPubMed
, , and , 2007. “Globalization and Regional Income Inequality: Empirical Evidence from within China,” Review of Income and Wealth 53(1): 35–50.CrossRefGoogle Scholar
, 2005. The Impact of Inequality: How to Make Sick Societies Healthier, New York and London: The New Press.Google Scholar
, 1993. World Development Report 1993: Investing in Health, New York: Oxford University Press.Google Scholar
, 2004. World Development Report: Making Services Work for Poor People, Washington, DC: World Bank.Google Scholar
, 1995. The World Health Report 1995: Bridging the Gaps, Geneva: WHO. Retrieved from
, 2006. The World Health Report 2006 – Working together for health, Geneva: WHO. Retrieved from .
, 2007. The World Health Report 2007: Everybody's Business: Strengthening Health Systems to Improve Health Outcomes, Geneva: WHO. Retrieved from .Google Scholar
, 2008. Closing the gap in a generation: Health equity through action on the social determinants of health, Geneva: World Health Organization.Google Scholar
, 2008. The World Health Report: Primary Health Care – Now More Than Ever, Geneva: WHO. Retrieved from .Google Scholar
, 2001. “Macroeconomics and Health: Investing in Health for Economic Development,” chaired by Jeffrey Sachs, Geneva: World Health Organization.
, 2001. Declaration on the TRIPS Agreement and Public Health, Ministerial Conference, Fourth Session, Doha, WT/MIN(01)/DEC/W2.Google Scholar
, 2000. “Protecting and Promoting the Right to Health in Latin America: Selected Experiences from the Field,” Health and Human Rights 5(1): 116–148.CrossRefGoogle ScholarPubMed
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