Hostname: page-component-586b7cd67f-tf8b9 Total loading time: 0 Render date: 2024-11-23T22:35:18.687Z Has data issue: false hasContentIssue false
  • English
  • Français

A Global Framework Convention on Health: Would it Help Developing Countries to Fulfil Their Duties on the Right to Health? A South African Perspective

Published online by Cambridge University Press:  01 January 2021

Mark Heywood  and
John Shija
Get access Rights & Permissions [Opens in a new window]

Extract

It is arguable that the delivery of global health has reached an impasse. This is evident not only in unresolved debates that are raging about where to allocate health aid or how to sustain and expand funding for AIDS treatment, but also in challenges facing national health systems that are incapable of purely domestic resolution. But there is some irony and much opportunity in this situation. Not only have the last 20 years seen an unprecedented growth in funding for health, mainly through funding for AIDS, but there has also been a range of initiatives and ideas that have generated better knowledge not only of the determinants of health, but also of how to attain it. Scientists, public health experts, and activists have created a store of intellectual knowledge, technology, and ideas, which, if properly and fairly deployed, might provide the opportunity to re-launch tangible progress towards the progressive realization of the right to health on a global scale.

Type
Symposium
Information
Journal of Law, Medicine & Ethics , Volume 38 , Issue 3 , Fall 2010 , pp. 640 - 646
Copyright
Copyright © American Society of Law, Medicine and Ethics 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

England, R., “Are We Spending Too Much on HIV?” BMJ 7589 (2007): 344; Garrett, L., “The Challenge of Global Health,” Foreign Affairs 1 (2007): 86; Gonsalves, G., “Let Them Eat Cake: Economists, AIDS Drugs and Social and Economic Rights,” Writing Rights website, April 13, 2010; Gonsalves, G., “Bill Easterly's Burden,” Comments at Yale Law School, April 8, 2010.CrossRefGoogle Scholar
The Framework Document of the Global Fund to Fight AIDS, Tuberculosis and Malaria.Google Scholar
Commission on the Social Determinants of Health, Closing the Gap in a Generation: Health Equity through Action on the Social Determinants of Health: Final Report of the Commission on Social Determinants of Health, WA 525 (2008).Google Scholar
Sachs, J. D., Macroeconomics and Health: Investing in Health for Economic Development. Report of the Commission on Macroeconomics and Health, WA 30 (12-20-2001).CrossRefGoogle Scholar
Gostin, L. O., “Meeting the Survival Needs of the World's Least Healthy People: A Proposed Model for Global Health Governance,” JAMA 298, no. 2 (2007): 225–228, at 226.CrossRefGoogle Scholar
Id., at 226.Google Scholar
The Health Global Access Project, available through <http://www.healthgap.org> (last visited August 20, 2010).+(last+visited+August+20,+2010).>Google Scholar
The Constitution of the Republic of South Africa, 1996. Section 26 (Housing), section 27 (Healthcare, food, water and social security), section 29 (education).Google Scholar
“Health in South Africa,” The Lancet 374 (2009): 759–1031.Google Scholar
van der Berg, S. and McLeod, H., “Crude NHI Plan Threatens to Make a Bad Situation Worse,” Business Day, April 9, 2009.Google Scholar
Rodney, W., eds., How Europe Underdeveloped Africa (Dar-Es-Salaam: London and Tanzanian Publishing House, 1983); Hochschild, A., King Leopold's Ghost (London: Pan Macmillan, 1999).Google Scholar
Jochelson, K., The Colour of Disease: Syphilis and Racism in South Africa, 1880–1950 (Chippenham: Anthony Rowe, 2001).CrossRefGoogle Scholar
Academy Foundation, U.S. Based International Nurse Recruiters: Structure and Practices of a Burgeoning Industry. Report on Year 1 of the Project. International Recruitment of Nurses to the United States: Towards a consensus on Ethical Standards of Practice, August 2007.Google Scholar
Clemens, M. A. and Pettersson, G., “New Data on African Health Professionals Abroad,” Human Resources for Health 6 (2008): 1.CrossRefGoogle Scholar
UNAIDS Aids Epidemic Update, UNAIDS/09.36E/JC1700E (10–2009).Google Scholar
Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property, May 24, 2008, WHA61.21.Google Scholar
Medecins Sans Frontieres, No Refuge, Access Denied: Medical and Humanitarian Needs of Zimbabweans in South Africa, June 2009; Physicians for Human Rights, Health in Ruins: A Man-Made Disaster in Zimbabwe, (01–2009); Todd, C., Ray, S., Madzimbamuto, F., and Sanders, D., “What Is the Way Forward for Health in Zimbabwe,” The Lancet 375 (2010): 606–609, at 606.CrossRefGoogle Scholar
Declaration of Alma Ata, September 6–12, 1978, International Conference on Primary Health Care; Ottawa Charter for Health Promotion, November 2, 1986, First International Conference on Health Promotion, WHO/HPR/HEP/95.1.Google Scholar
Declaration of Commitment On HIV/AIDS, June 25–27, 2001, United Nations General Assembly Special Session on HIV/AIDS, A/RES/S-26/2.CrossRefGoogle Scholar
United Nations Millenium Declaration, DEC. 6–8, United Nations General Assembly, Res. 55/2.Google Scholar
Universal Declaration of Human Rights, December 8, 1948, United Nations General Assembly, A/RES/217 (III).Google Scholar
Robbins, M., “Powerful States, Customary Law and the Erosion of Human Rights Through Regional Enforcement,” California Western International Law Journal 35 (2004–2005): 275–302, at 292.Google Scholar
Id., at 281.Google Scholar
United Nations Treaty Collection, available at <http://treaties.un.org/Pages/ViewDetailsaspx?src=IND&mtdsg_no=IV-3&chapter=4&lang=en> (last visited August 20, 2010).+(last+visited+August+20,+2010).>Google Scholar
Backman, G. and Hunt, P. et al., “Health Systems and the Right to Health: An Assessment of 194 Countries,” The Lancet 372 (2008): 2047–2085; Hogerzeil, H. V.,“Essential Medicines and Human Rights: What Can They Learn from Each Other,” Bulletin of the World Health Organization 84 (2006): 371–375; Hogerzeil, H. V. and Samson, M. et al., “Is Access to Essential Medicines as Part of the Fulfilment of the Right to Health Enforceable through the Courts?” 368 (2006) 305–311; Wuerffel, K. N., “Discriminating among Rights?: A Nation's Legislating a Hierarchy of Human Rights in the Context of International Human Rights Customary Law,” Valaparaiso University Law Review 33 (1998–1999): 369–411, at 386.CrossRefGoogle Scholar
Committee on Economic, Social and Cultural Rights, General Comment No. 14: The Right to the Highest Attainable Standard of Health, May 12, 2000, Doc 4004.Google Scholar
Constitution of the World Health Organization, July 22, 1946, Off. Rec. Wld Hlth Org., 2, 100.Google Scholar
See Treatment Action Campaign, Press Release, African Activists Decry Backtracking on Health Funding Commitments at Opening of World Economic Forum on Africa, May 5, 2010.Google Scholar