Foundations of Global Health & Human Rights

ISBN : 9780197528297

Lawrence O. Gostin; Benjamin Mason Meier
504 Pages
178 x 254 mm
Pub date
Jul 2020
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  • Brings together leading health and human rights scholars and practitioners from across disciplines and the globe
  • Explores how different political actors and organizations have developed and implemented human rights in health policy
  • Includes case studies complementing the theoretical analysis of the chapters by highlighting the practical application of human rights in global health
  • Provides a foundational text to introduce students and practitioners to the field of Health and Human Rights

Human rights are essential to global health, yet rising threats in an increasingly divided world are challenging the progressive evolution of health-related human rights. It is necessary to empower a new generation of scholars, advocates, and practitioners to sustain the global commitment to universal rights in public health. Looking to the next generation to face the struggles ahead, this book provides a detailed understanding of the evolving relationship between global health and human rights, laying a human rights foundation for the advancement of transformative health policies, programs, and practices.

International human rights law has been repeatedly shown to advance health and wellbeing - empowering communities and fostering accountability for realizing the highest attainable standard of health. This book provides a compelling examination of international human rights as essential for advancing public health. It demonstrates how human rights strengthens human autonomy and dignity, while placing clear responsibilities on government to safeguard the public's health and safety.

Bringing together leading academics in the field of health and human rights, this volume: (1) explains the norms and principles that define the field, (2) examines the methods and tools for implementing human rights to promote health, (3) applies essential human rights to leading public health threats, and (4) analyzes rising human rights challenges in a rapidly globalizing world. This foundational text shows why interdisciplinary scholarship and action are essential for health-related human rights, placing human rights at the center of public health and securing a future of global health with justice.


Foreword: Human Rights are Central to Global Health
Dr. Tedros Adhanom Ghebreyesus
Introduction: Global Health & Human Rights
Lawrence O. Gostin & Benjamin Mason Meier
I. The Human Rights Movement: International Norms and Principles
Chapter 1. The Birth and Development of Human Rights for Health
Benjamin Mason Meier, Thérèse Murphy & Lawrence O. Gostin
Chapter 2. Global Health Law: Legal Foundations for Social Justice in Public Health
Lawrence O. Gostin, Matiangai V. S. Sirleaf & Eric A. Friedman
Chapter 3. The Right to Health and Health-Related Human Rights
John Tobin & Damon Barrett
Chapter 4. The Rights-Based Approach to Health
Flavia Bustreo & Curtis F.J. Doebbler
II. Bringing Rights Home: Tools for Human Rights Implementation and Accountability
Chapter 5. Translating International Law into Domestic Law, Policy, and Practice
Gillian MacNaughton & Angela Duger
Chapter 6. Human Rights Advocacy in Global Health
Joseph J. Amon & Eric A. Friedman
Chapter 7. Monitoring and Review to Assess Human Rights Implementation
Benjamin Mason Meier, Hanna Huffstetler & Judith Bueno de Mesquita
Chapter 8. Justiciability of Human Rights for Health
Colleen M. Flood & Bryan Thomas
Chapter 9. Advancing Human Rights through Global Health Governance
Benjamin Mason Meier, Margherita Marianna Cinà & Lawrence O. Gostin
III. Contemporary Applications: Healthy People, Healthy Populations
Chapter 10. Communicable Diseases, Health Security, and Human Rights: From AIDS to Ebola
Sharifah Sekalala & John Harrington
Chapter 11. Human Rights and Non-Communicable Diseases: Controlling Tobacco and Promoting Healthy Diets
Brigit Toebes & David Patterson
Chapter 12. The Emergence of New Health- Related Human Rights: Recognizing the Human Rights to Water and Sanitation
Benjamin Mason Meier & Inga T. Winkler
Chapter 13. Chronic Illness: Disability and Mental Health
Oliver Lewis & Soumitra Pathare
Chapter 14. Equity in Health: Sexual and Reproductive Health and Rights
Terry McGovern & Aziza Ahmed
IV. New Challenges: Human Rights to Advance Public Health in a Globalizing Era
Chapter 15. Health and Human Rights through Global Development: The Right to Development, Rights-Based Approach to Development, and Sustainable Development Goals
Stephen P. Marks & Alice Han
Chapter 16. International Trade, Public Health, and Human Rights
Chuang-Feng Wu & Chien-Huei Wu
Chapter 17. Health & Human Rights in Conflict and Emergencies
Dabney P. Evans, Edward L. Queen & Lara S. Martin
Chapter 18. Human Subjects in Globalized Health Research
Andrés Constantin & Roberto Andorno
Chapter 19. The Environment, a Changing Climate, and Planetary Health
Alexandra Phelan
Chapter 20. Global Health & Human Rights in the Age of Populism
Lawrence O. Gostin, Andrés Constantin & Benjamin Mason Meier

About the author: 

Edited by Lawrence O. Gostin, University Professor; Founding Linda D. & Timothy J. ONeill Professor of Global Health Law, Georgetown University, and Edited by Benjamin Mason Meier, Associate Professor of Global Health Policy, University of North Carolina, Chapil Hill
Lawrence O. Gostin is University Professor (Georgetown University's highest academic rank), Founding O'Neill Chair in Global Health Law, and Director of the O'Neill Institute for National and Global Health Law. Professor Gostin is the Director of the World Health Organization Collaborating Center on National and Global Health Law, and serves on expert WHO advisory committees. He is a Member of the National Academy of Medicine/National Academy of Sciences, Council on Foreign Relations, and Hastings Center.
Benjamin Mason Meier is an Associate Professor of Global Health Policy at the University of North Carolina at Chapel Hill, a Scholar at Georgetown Law School's O'Neill Institute for National and Global Health Law, and a consultant to international organizations, national governments, and nongovernmental organizations. Dr. Meier's interdisciplinary research-at the intersection of global health, international law, and public policy-examines the development, evolution, and application of human rights in global health.

Aziza Ahmed is a Professor of Law at Northeastern University School of Law. She is currently working on a book project about feminist activism in the AIDS epidemic. She has previously been a Women's Law and Public Policy Fellow with the International Community of Women Living with HIV and has consulted with several UN agencies, including UNIFEM and UNDP.

Joseph J. Amon is the Director of the Office of Global Health and Clinical Professor at the Drexel Dornsife School of Public Health. He also directs the Jonathan Mann Global Health and Human Rights Initiative. During his ten-year tenure at Human Rights Watch, he founded programs on human rights and health, disability and the environment.

Roberto Andorno is an Associate Professor of bioethics and biomedical law at the School of Law and a Senior Research Fellow at the Institute of Biomedical Ethics of the University of Zurich, Switzerland. He has published extensively on issues relating to bioethics and human rights, most notably Principles of International Biolaw.

Damon Barrett is a lecturer at the School of Public Health and Community Medicine at the University of Gothenburg. He is a co-founder of the International Centre on Human Rights and Drug Policy, based at the Human Right Centre at the University of Essex, where he is a visiting fellow.

Judith R. Bueno de Mesquita is the Co-Deputy Director of the Human Rights Centre and a Lecturer in International Human Rights Law at the School of Law and Human Rights Centre at the University of Essex, United Kingdom. Her research and teaching focus on global health, development, and human rights.

Flavia Bustreo is a public health physician and epidemiologist, international expert, and advocate for women, children, adolescents, and elderly people health and rights. As the former Assistant Director-General of the World Health Organization, she currently serves as Chair of Governance at the Partnership for Maternal, Newborn and Child Health, Chair of the Lancet Commission on Gender Based Violence and Maltreatment of Young People, and Vice President of Fondation Botnar.

Margherita Marianna Cinà is a Fellow at the O'Neill Institute for National and Global Health Law at the Georgetown University Law Center. She has degrees from McGill University and Georgetown University, is a member of the Ontario Bar, and works on a number of health law issues ranging from climate change and health to industry interference in food environments.

Andrés Constantin is an Abogado — JD equivalent — from Universidad Torcuato Di Tella in Buenos Aires, Argentina. Having served as Adjunct Professor of Law at Universidad Torcuato Di Tella Law School, he is now an Associate at the O'Neill Institute for National and Global Health Law at Georgetown University Law Center.
Curtis Doebbler is an international human rights lawyer; Research Professor of Law at the University of Makeni, Sierra Leone; Visiting Professor of Law at Webster University, Geneva; and an attorney at the Refugee and Immigrant Center for Education and Legal Services and at The Law Office of Dr Curtis FJ Doebbler.

Angela Duger is a Compliance Manager at Servier Pharmaceuticals, working on domestic health care and ethics. Previously she held positions as a lecturer and researcher on global health, human rights, and international law at the Harvard School of Public Health, Northeastern University School of Law, and the Heller School at Brandeis University.

Dabney P. Evans is an Associate Professor of Global Health in the Rollins School of Public Health at Emory University and the Director of the Center for Humanitarian Emergencies. She is a mixed-methods researcher focused on women's health and human rights. Her most recent work examines gender-based violence and sexual and reproductive health and rights.
Colleen M. Flood is the University of Ottawa Research Chair in Health Law & Policy and inaugural director of the Ottawa Centre for Health Law, Policy and Ethics. Her comparative research has brought new insights and knowledge to Canadian and global debates over privatization, health system design and governance, and the role of courts in determining rights in health care.

Eric A. Friedman is the Global Health Justice Scholar at the O'Neill Institute for National and Global Health Law at the Georgetown University Law Center in Washington, DC, focused on initiatives to advance the right to health. Previously, he was Senior Global Health Policy Advisor at Physicians for Human Rights. He holds a law degree from Yale Law School.

Lawrence O. Gostin is University Professor (Georgetown University's highest academic rank), Founding O'Neill Chair in Global Health Law, and Director of the O'Neill Institute for National and Global Health Law. Professor Gostin is the Director of the World Health Organization Collaborating Center on Public Health Law & Human Rights, and serves on expert WHO advisory committees.

Alice Han is a Fellow of the Royal College of Surgeons of Canada and doctor at Mercy Hospital in Melbourne. Previously, she was Instructor at Harvard Medical School, TEDx speaker, a technical reviewer updating WHO-UNHCR-UNFPA Clinical Management of Rape Survivors, addressed health equity in Brazil with a WHO Collaborating Center, and strengthened health systems in Rwanda with Partners in Health.

John Harrington is Professor of Global Health Law and Director of the Law and Global Justice Research Centre at Cardiff University. He has published extensively at the intersection of human rights law and global health law and taught Global Health Law at Warwick, Liverpool, Melbourne and Cardiff, and for the CARTA Pan-African Doctoral Programme in Health Sciences.

Hanna Huffstetler is a Master of Public Health student at the University of North Carolina Gillings School of Global Public Health, where she contributes to research on sexual and reproductive health. Her previous work has focused on the role of human rights in global health governance, with developing scholarship around systems of accountability and the implementation of human-rights based approaches to health.

Oliver Lewis is a barrister at Doughty Street Chambers, London, where he practices in public law, mental health and disability law and international human rights law. He is also Professor of Law and Social Justice at the University of Leeds and a member of the University's Centre for Disability Studies.

Gillian MacNaughton is an Associate Professor of Human Rights in the School for Global Inclusion and Social Development and a Senior Fellow with the Center for Peace, Democracy and Development at the University of Massachusetts Boston. She works on economic and social rights, the relationship of these rights to equality rights, and human rights-based approaches to social justice.

Stephen P. Marks is the François-Xavier Bagnoud Professor of Health and Human Rights at the Harvard T.H. Chan School of Public Health, where he directs the Program on Human Rights in Development. As a former UN official, Ford Foundation officer, and faculty member at Columbia, Princeton, and other universities, his research focuses is on development, tobacco control, access to medicines, mental health, and global health governance.

Lara S. Martin is the Executive Director of UMCOR (United Methodist Committee on Relief). Ms. Martin is a recognized global leader, as a former aid worker that managed multi-sector relief programs and as a humanitarian researcher. She is a public health and nutrition expert with a background in rights-based approaches to humanitarian programming in conflict settings.

Terry McGovern is the Harriet and Robert H. Heilbrunn Professor and Chair of the Heilbrunn Department of Population and Family Health at the Columbia University Mailman School of Public Health, where she directs the Program on Global Health Justice and Governance. Her research focuses on health and human rights, sexual and reproductive rights and health, gender justice, and environmental justice.

Benjamin Mason Meier is an Associate Professor of Global Health Policy at the University of North Carolina at Chapel Hill, a Scholar at Georgetown Law School's O'Neill Institute for National and Global Health Law, and a consultant to international organizations, national governments, and non- governmental organizations. His interdisciplinary research examines the development, evolution, and implementation of human rights in global health.

Thérèse Murphy is Professor of Law and Director of the Health & Human Rights Unit at Queen's University Belfast. She is Chair of the European Master's in Human Rights & Democratisation, a graduate programme involving Europe's leading human rights universities, and a Member of the Governing Council of the Global Campus of Human Rights, the largest university network in human rights and democracy.

Soumitra Pathare is a psychiatrist by training, working as Director of the Centre for Mental Health Law and Policy at the Indian Law Society. His primary interests are in the areas of mental health policy, scaling up mental health services, rights-based care and legislation.

David Patterson is a consultant with over 20 years of experience in global health, law, human rights, and development, including with the Canadian HIV/AIDS Legal Network, the International Development Law Organization (IDLO),UNAIDS, and UNDP. He is a Fellow at the Global Health Law Groningen Research Centre and a PhD Researcher in the Faculty of Law at the University of Groningen, The Netherlands.

Alexandra Phelan is an Assistant Professor of Medicine at the Center for Global Health Science and Security at Georgetown University and Adjunct Professor of Law at Georgetown University Law Center. Her work examines the role of international law in improving global health, in particular at the intersections of environmental law, human rights law, and infectious diseases.

Edward L. Queen directs the D. Abbott Turner Program in Ethics and Servant Leadership at Emory University's Center for Ethics and is the Director of Research at Emory's Institute of Human Rights. His work focuses on moral development and formation, responsible leadership, and the ethics of armed conflict, including armed humanitarian intervention and the "right to protect."

Sharifah Sekalala is an Associate Professor at Warwick Law School in the United Kingdom. Her research focuses on global health law and equity. She has published widely on the role of global health actors in international law, global health financing, gender norms, and human rights. She has also consulted on human rights for UNAIDS, WHO and the ILO.

Matiangai Sirleaf is an Associate Professor of Law at the University of Pittsburgh School of Law. She teaches courses in public international law, criminal law, international human rights, and transitional justice. Her scholarship has appeared in well regarded general and international law reviews. The University of Pittsburgh awarded her the Chancellor's Distinguished Research Award in 2019.

Bryan Thomas is a Senior Research Fellow with the Centre for Health Law, Policy and Ethics and Adjunct Professor with the Faculty of Law at the University of Ottawa. His research spans a wide range of topics, including Canadian and comparative health law and policy, health rights litigation, long-term care, global health law, and the role of religious argument in legal and political discourse.

John Tobin holds the Francine V McNiff Chair in International Human Rights Law at the University of Melbourne, where he is also Co-Director of the Human Rights Program in the Melbourne Law School. He is the author of The Right to Health in International Law (OUP 2012) and the editor of The United Nations Convention on the Rights of the Child: A Commentary (OUP 2019).
Brigit Toebes is a legal scholar with more than 20 years of experience in health and human rights. She holds the Chair of Health Law in a Global Context at the University of Groningen Faculty of Law. She is the academic leader of the Global Health Law Groningen Research Centre and coordinator of the Aletta Jacobs School of Public Health.

Inga Winkler is a lecturer at the Institute for the Study of Human Rights at Columbia University. Her research focuses on socio-economic rights and their links to sustainable development and gender justice. With a particular focus on water and sanitation, she was formerly the Legal Advisor to the former UN Special Rapporteur on the Human Rights to Water and Sanitation.

Chien-Huei Wu is Associate Research Professor in the Institute of European and American Studies at Academia Sinica in Taipei, Taiwan and holds various visiting fellowships/professorships. His research interests cover EU external relations law, international economic law, and trade and public health, publishing WTO and the Greater China: Economic Integration and Dispute Resolution in 2012.

Chuang-Feng Wu serves as an Associate Research Professor at Institutum Iurisprudentiae at Academia Sinica in Taipei, Taiwan and an Associate Professor at the College of Public Health at National Taiwan University. In addition to J.S.D. from UC Berkeley, he also holds public health degrees. His research focuses on healthcare laws and ethics, international human rights, and healthcare distributive justice.

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