Arianne Shahvisi, Enguday Meskele, and Gail Davey Abstract Podoconiosis is a debilitating chronic swelling of the foot and lower leg caused by long-term exposure to irritant red volcanic clay soil in the highland regions of Africa, Central America, and India. In this paper, we consider the human rights violations that cause, and are caused by, podoconiosis in Ethiopia. Specifically, we discuss the way in which the right to an adequate…
Access to Justice in Health Matters: An Analysis Based on the Monitoring Mechanisms of the Inter-American System
Laura Pautassi Abstract This article analyzes how states are complying with their periodic reporting obligations under the Protocol of San Salvador (PSS) in one specific area: access to justice as a key component of the right to health. The sources of information for this analysis are seven reports submitted by the States parties, together with the observations and final recommendations made by the experts of the monitoring mechanism of the…
Evolving the Right to Health: Rethinking the Normative Response to Problems of Judicialization
Keith Syrett Abstract Judicial readings of the right to health—and related rights—frequently possess something of an “all or nothing” quality, exhibiting either straightforward deference to allocative choices or conceptualizing the right as absolute, with consequent disruption to health systems, as witnessed in Latin America. This article seeks to identify pathways through which a normatively intermediate approach might be developed that would accord weight to rights claims without overlooking the scarcity…
Expanding the Debate: Citizen Participation for the Implementation of the Right to Health in Brazil
Regiane Garcia Abstract Brazil has established a well-known constitutional right to health. Legal scholars have focused largely on one aspect of this right: the role of the courts in enforcing health care access. Less attention has been paid to another aspect: citizens’ right to participate in health planning. Participation is a constituent component of Brazil’s right to health that is intended to guarantee accountability and fair resource distribution for improved…
Building Trust through Lymphatic Filariasis Elimination: A Platform to Address Social Exclusion and Human Rights in the Dominican Republic
Hunter Keys, Manuel Gonzales, Madsen Beau De Rochars, Stephen Blount, and Gregory S. Noland Abstract Hispaniola, the Caribbean island that includes the countries of Haiti and the Dominican Republic (DR), accounts for 90% of lymphatic filariasis (LF) in the Americas. Both countries have committed to LF elimination by 2020. In the DR, LF occurs mainly in bateyes, or company towns that historically hosted migrant laborers from Haiti. A legacy of…
Emotional Difficulties and Experiences of Stigma Among Persons with Lymphatic Filariasis in Plateau State, Nigeria
Jibril Abdulmalik, Emeka Nwefoh, James Obindo, Samuel Dakwak, Motunrayo Ayobola, John Umaru, Elisha Samuel, Christopher Ogoshi, and Julian Eaton Introduction Lymphatic filariasis (LF) is a chronic and disfiguring condition that can lead to significant disability.1 Global estimates project that infection with the filarial parasite, which causes LF, is present in at least 120 million persons, with about 40 million people exhibiting clinical symptoms and signs.2 Thus, the condition is now…
Cultural Rights and First Nations Health Care in Canada
Stephen Wilmot Abstract In this paper, I apply Kymlicka’s theory of cultural rights to the health care of Canada’s First Nations, within the framework of human rights and the rights of indigenous peoples, as formulated by the United Nations. I extend Kymlicka’s concept of cultural rights into a specific right to culturally appropriate health care, and I consider how this right can be categorized. I also explore how far the…
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Missing: Where Are the Migrants in Pandemic Influenza Preparedness Plans?
Kolitha Wickramage, Lawrence O. Gostin, Eric Friedman, Phusit Prakongsai, Rapeepong Suphanchaimat, Charles Hui, Patrick Duigan, Eliana Barragan, and David R. Harper Background Influenza pandemics are perennial global health security threats, with novel and seasonal influenza affecting a large proportion of the world’s population, causing enormous economic and social destruction. Novel viruses such as influenza A(H7N9) continue to emerge, posing zoonotic and potential pandemic threats.[1] Many countries have developed pandemic influenza…
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Health, Human Rights, and the Transformation of Punishment: South African Litigation to Address HIV and Tuberculosis in Prisons
Emily Nagisa Keehn and Ariane Nevin Abstract South Africa experiences the world’s highest HIV burden and one of the highest burdens for tuberculosis (TB). People in prison are particularly vulnerable to these diseases. Globally, and internally in South Africa, increased attention is being paid to HIV and TB treatment and prevention in prisons, with the public health community arguing for reforms that improve respect for the human rights of incarcerated…
Access to Medicines in Times of Conflict: Overlapping Compliance and Accountability Frameworks for Syria
Brianne McGonigle Leyh and Marie Elske Gispen Abstract Syria is currently experiencing the world’s largest humanitarian crisis since World War II, and access to medicines for emergency care, pain control, and palliative care remains shockingly restricted in the country. Addressing the dire need for improved access to medicines in Syria from an international law compliance and accountability perspective, this article highlights four complementary legal frameworks: international human rights law, international…