Letter to the Editor: Human Rights, TB, Legislation and Jurisprudence

O. B. K. Dingake People with tuberculosis (TB) experience infringements of their human rights on a daily basis. In far too many cases, they lack access to effective testing and treatment, face discrimination in employment and health care settings, and are unnecessarily detained and isolated against their will. Yet, even as TB has surpassed HIV as the top infectious disease killer in the world and the global threat from multidrug-resistant…

The Child’s Right to Protection From Drugs: Understanding History to Move Forward

Damon Barrett Introduction The UN Convention on the Rights of the Child (CRC) stands alone among the core UN human rights treaties in setting out a human right to protection from drugs. Article 33 provides that “States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties,…

The Case for International Guidelines on Human Rights and Drug Control

Rick Lines, Richard Elliott, Julie Hannah, Rebecca Schleifer, Tenu Avafia, and Damon Barrett This special section of Health and Human Rights Journal examines some of the many ways in which international and domestic drug control laws engage human rights and create an environment of enhanced human rights risk. In this edition, the authors address specific human rights issues such as the right to the highest attainable standard of health (including…

UNstoppable: How Advocates Persevered in the Fight for Justice for Haitian Cholera Victims

Adam Houston In 2016, December 1st—already an occasion to highlight the importance of health and human rights as World AIDS Day—took on new significance as a landmark in one of the highest-profile health and human rights cases of the 21st century. This was the day that UN Secretary-General Ban Ki-moon finally issued an apology on behalf of the organization for its role in causing the Haitian cholera epidemic that has…

The Mental Health of Children and Parents Detained on Christmas Island: Secondary Analysis of an Australian Human Rights Commission Data Set

Sarah Mares Abstract This paper describes secondary analysis of previously unreported data collected during the 2014 Australian Human Rights Commission Inquiry into Children in Immigration Detention. The aim was to examine the mental health of asylum-seeking parents and children during prolonged immigration detention and to consider the human rights implications of the findings. The average period of detention was seven months. Data includes 166 Kessler 10 Scales (K10) and 70…

The Mental Health of Children and Parents Detained on Christmas Island: Secondary Analysis of an Australian Human Rights Commission Data Set

Sarah Mares Abstract This paper describes secondary analysis of previously unreported data collected during the 2014 Australian Human Rights Commission Inquiry into Children in Immigration Detention. The aim was to examine the mental health of asylum-seeking parents and children during prolonged immigration detention and to consider the human rights implications of the findings. The average period of detention was seven months. Data includes 166 Kessler 10 Scales (K10) and 70…

Interpreting the International Right to Health in a Human Rights-Based Approach to Health

Paul Hunt Abstract This article tracks the shifting place of the international right to health, and human rights-based approaches to health, in the scholarly literature and United Nations (UN). From 1993 to 1994, the focus began to move from the right to health toward human rights-based approaches to health, including human rights guidance adopted by UN agencies in relation to specific health issues. There is a compelling case for a…

Letter to the Editor Response: On the Heterogeneity and Politics of the Judicialization of Health in Brazil

João Biehl, Mariana P. Socal, Joseph J. Amon In response to our article, “The Judicialization of Health and the Quest for State Accountability,” in which we examine a systematic sample of 1,262 lawsuits seeking access to medicines in the southern Brazilian state of Rio Grande do Sul, Octavio Luiz Motta Ferraz raises three concerns: That our use of the term “myth” to describe the popular narrative in Brazil about the…

Letter to the Editor: Moving the Debate Forward in Right to Health Litigation

Octavio Luiz Motta Ferraz The debate on the judicialization of social and economic rights in general, and the right to health in particular, has been beset by polarization between pro- and anti-judicialization supporters and lack of empirical data to allow an impartial analysis of the consequences of that growing phenomenon. The type of empirical study carried out by Biehl, Socal, and Amon, entitled “The Judicialization of Health and the Quest…