Abstract – O’Connell

Litigating Reproductive Health Rights in the Inter-American System: What Does a Winning Case Look Like? Ciara O’Connell Health and Human Rights 2014, 16/2 Remedies and reparation measures emerging from the Inter-American System of Human Rights in reproductive health cases have consistently highlighted the need to develop, and subsequently implement, non-repetition remedies that protect, promote, and fulfill women’s reproductive health rights. Litigation outcomes that determine there have been violations of reproductive rights are…

Abstract – Sabae

Four Strategic Pathways for the Realization of the Right to Health Through Civil Society Actions; Challenges and Practical Lessons Learned in the Egyptian Context Ayman Sabae Health and Human Rights 2014, 16/2 This article examines four distinctly different, yet fully complementary, strategic pathways adopted by the Egyptian Initiative for Personal Rights (EIPR), an Egyptian independent human rights organization, in its practical efforts to protect and guarantee the realization of the right to health…

Litigating Reproductive Health Rights In The Inter-American System: What Does A Winning Case Look Like?

Ciara O’Connell Health and Human Rights 2014, 16/2 Abstract Remedies and reparation measures emerging from the Inter-American System of Human Rights in reproductive health cases have consistently highlighted the need to develop, and subsequently implement, non-repetition remedies that protect, promote, and fulfill women’s reproductive health rights. Litigation outcomes that determine there have been violations of reproductive rights are regarded as a “win” for health rights litigation, but when implementation fails,…

Four Strategic Pathways for the Realization of the Right to Health Through Civil Society Actions: Challenges and Practical Lessons Learned in the Egyptian Context

Ayman Sabae Health and Human Rights 2014, 16/2 Abstract This article examines four distinctly different, yet fully complementary, strategic pathways adopted by the Egyptian Initiative for Personal Rights (EIPR), an Egyptian independent human rights organization, in its practical efforts to protect and guarantee the realization of the right to health to all Egyptians. It reflects upon practical experiences, covering strategic options that include proposing new legislation to policy makers, participatory…

Abstract – Cabal, Olaya, Robledo

Luisa Cabal, Monica Arango Olaya, Valentina Montoya Robledo Health and Human Rights 2014, 16/2 Conscientious Objection or conscientious refusal (CO) in access to reproductive health care is at the center of current legal debates worldwide. In countries such as the US and the UK, constitutional dilemmas surrounding CO in the context of reproductive health services reveal inadequate policy frameworks for balancing CO rights with women’s rights to access contraception and…

Abstract – Flood, Gross

Litigating the Right to Health: What Can We Learn from a Comparative Law and Health Care Systems Approach Colleen M. Flood and Aeyal Gross Health and Human Rights 2014, 16/2 This article presents research demonstrating that the right to health plays different roles in different types of health systems. In high-income countries with tax-funded health systems, we usually encounter a lack of an enforceable right to heath. In contrast, rights play a more significant role…

Abstract – Norheim, Wilson

Health Rights Litigation and Access to Medicines: Priority Classification of Successful Cases from Costa Rica’s Constitutional Chamber of the Supreme Court Ole Frithjof Norheim and Bruce M. Wilson Health and Human Rights 2014, 16/2 Abstract Although Costa Rica has no explicit constitutional right to health, its constitutional chamber of the Supreme Court (Sala IV) has become increasingly central to the resolution of many health care decisions. Some argue that courts’…

Abstract – Maleche, Day

Right to Health Encompasses Right to Access Essential Generic Medicines: Challenging the 2008 Anti-Counterfeit Act in Kenya Allan Maleche and Emma Day Health and Human Rights 2014, 16/2 To what extent has the right to access generic HIV medication been implemented in Kenya for the 1.6 million people living with HIV? How does this relate to the right to health under international and national law? This paper examines a constitutional…

Abstract – Terwindt

Health Rights Litigation Pushes for Accountability in Clinical Trials in India Carolijn Terwindt Health and Human Rights 2014, 16/2 In 2009, around 24,000 girls in India were enrolled in a human papilloma virus (HPV) vaccination program that was later reviewed to investigate allegations of informed consent irregularities and inadequate monitoring. If the allegations are found to be correct, the clinical trial will have violated core human rights, including the right to health. Unfortunately, such irregularities…

Abstract – Barcellos

Sanitation Rights, Public Law Litigation, and Inequality: A Case Study from Brazil Ana Paula de Barcellos Health and Human Rights 2014, 16/2 Public law litigation has been used in many places to advance human rights related to health. In Brazil, such lawsuits usually request that the government pay for pharmaceuticals to individuals. But could litigation play a role in shaping public health policies to benefit communities? To explore this question,…