Vol 25/2, 2023, pp. 155-169 PDF Joo-Young Lee Abstract This paper discusses economic inequality as a key social determinant of health. It highlights the potentially transformative role of social protection systems in addressing economic inequality and health inequalities. How to finance social protection and how to distribute benefits among people are key questions in the pursuit of a transformative social protection system that can adequately tackle economic inequalities. This paper…
STUDENT ESSAY Locked Up and Left Behind: Addressing Cruel and Unusual Punishments among Senior Inmates during COVID-19 across US Prisons
Vol 25/2, 2023, pp. 91-102 PDF Sabba Salebaigi Abstract The COVID-19 pandemic has shed light on long-standing constitutional violations within the US correctional system, particularly affecting vulnerable populations such as senior inmates. By analyzing the impact of COVID-19 in prisons, the challenges faced in implementing preventive strategies, and the specific vulnerabilities of elderly prisoners, this paper identifies potential constitutional infringements experienced by senior inmates during the pandemic and the physical,…
Building a Progressive Reproductive Law in South Africa
Vol 25/2, 2023, pp. 43-52 PDF Donrich Thaldar Abstract This article delves into the expansion of procreative freedom in relation to assisted reproductive technologies (ARTs) in South African law, with reference to three seminal cases. In the case of AB v. Minister of Social Development, the minority of the South African Constitutional Court held that the constitutional right to procreative freedom is applicable to ARTs. Importantly, both the minority and…
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The Equity Effect of Universal Health Care
Vol 25/2, 2023, pp. 171-176 PDF PERSPECTIVE Anja Rudiger For well over a century, the politics of universal health care have shaped the development of modern welfare states and their ability to manage economic inequality. Whether governments adopt universal health care in response to workers’ struggles, capitalist labor demand, or other factors, universal health care tends to advance economic redistribution.[1] This equity effect of universal health care is often overlooked,…
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Pharmaceutical Patents and Economic Inequality
Vol 25/2, 2023, pp. 199-204 PDF PERSPECTIVE Thomas Pogge A human right is realized when all persons have secure access to its object, to what this right is a right to. States and particularly governments have a responsibility to make this happen—principally by not taking measures that prevent such secure access. Governments currently award and enforce 20-year product patents on pharmaceuticals in accordance with the TRIPS Agreement they included in…
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Reproduction as Work: Addressing a Gap in Current Economic Rights Discourses
Vol 25/2, 2023, pp. 29-42 PDF Lauren Danielowski Abstract In 2022, the global commercial surrogacy industry was valued at approximately US$14 billion. This paper explores the issue of surrogacy to reveal how international human rights standards and labor laws treat reproduction as work, building on previous scholarship analyzing similar framing at the grassroots level in Mexico. I argue that the failure to recognize surrogacy as labor is rooted in three…
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Are Development Finance Institutions Meeting Their Human Rights Obligations in Health?
Vol 25/2, 2023, pp. 141-153 PDF Anna Marriott, Anjela Taneja, and Linda Oduor-Noah Abstract The right to the highest attainable standard of health is a fundamental right of every human being without distinction as to race, religion, political belief, or economic or social condition.[1] Spent wisely, aid and other forms of government spending are essential for attaining this right, as well as driving development. However, taxpayer funds from high-income governments…
Why Has a Progressive Court Failed to Protect the Prison Population against COVID-19? Mass Incarceration and Brazil’s Supreme Court
Vol 25/2, 2023, pp. 67-82 PDF Daniel Wei Liang Wang, Luisa Moraes Abreu Ferreira, Paulo Sergio Coelho Filho, Matheus de Barros, Julia Abrahao Homsi, Mariana Morais Zambom, and Ezequiel Fajreldines dos Santos Abstract Despite acknowledging the risks of the COVID-19 pandemic for the prison population, Brazil’s Supreme Court declined to issue structural injunctions during the health crisis ordering lower courts to consider these risks when making incarceration-related decisions. These injunctions…
The COVID-19 Pandemic as a Tipping Point: What Future for the Right to Health?
Vol 25/2, 2023, pp. 111-123 PDF Ted Schrecker Abstract “Building back better” post-pandemic, as advocated by the Organisation for Economic Co-operation and Development, could advance the realization of health as a human right. However, the COVID-19 pandemic is more likely to represent a tipping point into a new and even more unequal normal, nationally and internationally, that represents a hostile environment for building back better. This paper begins with a…
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Assisted Regulation: Argentine Courts Address Regulatory Gaps on Surrogacy
Vol 25/2, 2023, pp. 15-28 PDF Patricio López Turconi Abstract Surrogacy operates in a regulatory void in Argentina. Despite attempts to legislate this practice, Argentine law contains no univocal rules governing the legality and enforceability of surrogacy agreements. Unsurprisingly, this has not stopped intended parents from pursuing surrogacy; quite the contrary, it has steered them into the courts, thrusting the issue into the realm of judicial policy. Through a comprehensive…
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