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The Right to Health: Expanding the
  Scope of Prevention Teaching

       Teaching Prevention 2013
    Annual Meeting of the Association
      for Prevention Teaching and
               Research
             March 11, 2013
        Robert S. Lawrence, MD
Universal Declaration
              of Human Rights
• Adopted by United Nations General Assembly
  on December 10, 1948
  – Represented aspirations of founders of the United
    Nations
  – Staked out domain for human rights
Article 3

• Everyone has the
  right to
  – Life
  – Liberty
  – And security of
    person
Article 22
•   Everyone, as a member of society, has the right to
    social security and is entitled to realization, through
    national effort and international cooperation and in
    accordance with the organization and resources of
    each state, of the economic, social and cultural
    rights indispensable for his dignity and the free
    development of his personality
Article 25
•   Everyone has the right to a standard of living
    adequate for the health and well-being of
    himself and of his family, including food,
    clothing, housing, medical care, and
    necessary social services




                                           Continued
Article 25
– … and the right to security in the event of
  unemployment, sickness, disability,
  widowhood, old age, or other lack of
  livelihood in circumstances beyond his
  control




                                         Continued
Article 25

•   Motherhood and
    childhood are
    entitled to
    special care
    and assistance
    –   All children,
        whether born in or out of wedlock, shall
        enjoy the same social protection
United Nations Covenants
UN proposed two covenants on December 16,
   1966
• International Covenant on Economic, Social,
   and Cultural Rights
• International Covenant on Civil and Political
   Rights




                                         Continued
International Covenant on Economic,
      Social, and Cultural Rights

                   Article 12
  •   The States Parties to the present
      Covenant recognize the right of everyone
      to the enjoyment of the highest
      attainable standard of physical and
      mental health

                                         Continued
Article 12 (cont)
•   The steps to be taken by the States Parties
    to the present Covenant to achieve the full
    realization of this right shall include those
    necessary for:
    a. The provision for the reduction of the stillbirth
       rate and of infant mortality and for the
       healthy development of the child




                                                Continued
Article 12 (cont)
b. The improvement of all aspects of
   environmental and industrial hygiene




                                          Continued
Article 12 (cont)

c.   The prevention,
     treatment, and
     control of
     epidemic,
     endemic,
     occupational,
     and other
     diseases


                              Continued
Article 12 (cont)
d. The creation of conditions which would assure
   to all medical service and medical attention in
   the event of sickness
Respect, Protect, and Fulfil
• 1999 UN Economic and Social Council,
  Twentieth Session (a UN Charter Body)
• General Comment 12 on the Right to Adequate
  Food (Article 11 ICESCR)
• The Right imposes three types or levels of
  obligations on States parties:
  – The obligation to respect
  – The obligation to protect
  – The obligation to fulfil, which incorporates the
    obligations to facilitate and to provide
2000 UN Economic and Social Council,
          Twenty-second Session
    General Comment 14 on the Right to the Highest
     Attainable Standard of Health
•   The right to health includes the right to a system of health
    protection
•   The right to health is closely related and dependent upon other
    rights, including the rights to human dignity, non discrimination,
    equality, education, housing, privacy, access to information, and
    freedom of association
•   The right to health extends beyond health-care services to the
    underlying determinants of health (access to safe and potable
    water, sanitation, food, housing, education, and healthy
    occupational and environmental conditions)
Dimensions of the
                   Right to Health (UN, 2002)

      Availability                                                    Acceptability


                                Right to Health

    Accessibility                                                             Quality
Source: United Nations (2000) General Comment No. 14 on the right to health
Availability

“Public health and health-care facilities, goods
and services, as well as programmes, have to be
available in sufficient quantity within the State
party”
Acceptability
“All health facilities, goods and services must be
respectful of medical ethics and culturally
appropriate, i.e. respectful of the culture of
individuals, minorities, peoples and communities,
sensitive to gender and life-cycle requirements, as
well as being designed to respect confidentiality
and improve the health status of those concerned”
Quality

“As well as being culturally acceptable, health
facilities, goods and services must also be
scientifically and medically appropriate and of
good quality”
Accessibility
Non-discrimination
  “Health facilities, goods and services must be accessible to all,
  especially the most vulnerable or marginalized sections of the
  population”

Physical accessibility
  “Health facilities, goods and services must be within safe physical
  reach for all sections of the population, especially vulnerable or
  marginalized groups”
Accessibility (cont’d)
Economic accessibility (Affordability)
  “Payment for health-care services, as well as services related to the
  determinants of health, has to be based on equity, ensuring that these
  services, whether privately or publicly provided, are affordable for all,
  including socially disadvantaged groups”

Information accessibility
  “Accessibility includes the right to seek, receive and impart information
  and ideas concerning health issues”
Article 12.2 (b). The right to healthy natural and
             workplace environments

• The improvement of all aspects of environmental and
  industrial hygiene (art. 12.2 (b)) comprises, inter alia,
  preventive measures in respect of occupational
  accidents and diseases; the requirement to ensure an
  adequate supply of safe and potable water and basic
  sanitation; the prevention and reduction of the
  population's exposure to harmful substances such as
  radiation and harmful chemicals or other detrimental
  environmental conditions that directly or indirectly
  impact upon human health.
Article 12.2 (b). The right to healthy natural and
             workplace environments

• Furthermore, industrial hygiene refers to the
  minimization, so far as is reasonably practicable, of the
  causes of health hazards inherent in the working
  environment. Article 12.2 (b) also embraces adequate
  housing and safe and hygienic working conditions, an
  adequate supply of food and proper nutrition, and
  discourages the abuse of alcohol, and the use of
  tobacco, drugs and other harmful substances.
Article 12.2 (c). The right to prevention, treatment
               and control of diseases

• The prevention, treatment and control of epidemic,
  endemic, occupational and other diseases requires the
  establishment of prevention and education
  programmes for behavior-related health concerns such
  as sexually transmitted diseases, in particular
  HIV/AIDS, and those adversely affecting sexual and
  reproductive health, and the promotion of social
  determinants of good health, such as environmental
  safety, education, economic development and gender
  equity.
Article 12.2 (c). The right to prevention, treatment
               and control of diseases

• The control of diseases refers to States’ individual and
  joint efforts to, inter alia, make available relevant
  technologies, using and improving epidemiological
  surveillance and data collection on a disaggregated
  basis, the implementation or enhancement of
  immunization programmes and other strategies of
  infectious disease control.

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Teaching Prevention 2013: Lawrence Plenary

  • 1. The Right to Health: Expanding the Scope of Prevention Teaching Teaching Prevention 2013 Annual Meeting of the Association for Prevention Teaching and Research March 11, 2013 Robert S. Lawrence, MD
  • 2. Universal Declaration of Human Rights • Adopted by United Nations General Assembly on December 10, 1948 – Represented aspirations of founders of the United Nations – Staked out domain for human rights
  • 3. Article 3 • Everyone has the right to – Life – Liberty – And security of person
  • 4. Article 22 • Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international cooperation and in accordance with the organization and resources of each state, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality
  • 5. Article 25 • Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, medical care, and necessary social services Continued
  • 6. Article 25 – … and the right to security in the event of unemployment, sickness, disability, widowhood, old age, or other lack of livelihood in circumstances beyond his control Continued
  • 7. Article 25 • Motherhood and childhood are entitled to special care and assistance – All children, whether born in or out of wedlock, shall enjoy the same social protection
  • 8. United Nations Covenants UN proposed two covenants on December 16, 1966 • International Covenant on Economic, Social, and Cultural Rights • International Covenant on Civil and Political Rights Continued
  • 9. International Covenant on Economic, Social, and Cultural Rights Article 12 • The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health Continued
  • 10. Article 12 (cont) • The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: a. The provision for the reduction of the stillbirth rate and of infant mortality and for the healthy development of the child Continued
  • 11. Article 12 (cont) b. The improvement of all aspects of environmental and industrial hygiene Continued
  • 12. Article 12 (cont) c. The prevention, treatment, and control of epidemic, endemic, occupational, and other diseases Continued
  • 13. Article 12 (cont) d. The creation of conditions which would assure to all medical service and medical attention in the event of sickness
  • 14. Respect, Protect, and Fulfil • 1999 UN Economic and Social Council, Twentieth Session (a UN Charter Body) • General Comment 12 on the Right to Adequate Food (Article 11 ICESCR) • The Right imposes three types or levels of obligations on States parties: – The obligation to respect – The obligation to protect – The obligation to fulfil, which incorporates the obligations to facilitate and to provide
  • 15. 2000 UN Economic and Social Council, Twenty-second Session General Comment 14 on the Right to the Highest Attainable Standard of Health • The right to health includes the right to a system of health protection • The right to health is closely related and dependent upon other rights, including the rights to human dignity, non discrimination, equality, education, housing, privacy, access to information, and freedom of association • The right to health extends beyond health-care services to the underlying determinants of health (access to safe and potable water, sanitation, food, housing, education, and healthy occupational and environmental conditions)
  • 16. Dimensions of the Right to Health (UN, 2002) Availability Acceptability Right to Health Accessibility Quality Source: United Nations (2000) General Comment No. 14 on the right to health
  • 17. Availability “Public health and health-care facilities, goods and services, as well as programmes, have to be available in sufficient quantity within the State party”
  • 18. Acceptability “All health facilities, goods and services must be respectful of medical ethics and culturally appropriate, i.e. respectful of the culture of individuals, minorities, peoples and communities, sensitive to gender and life-cycle requirements, as well as being designed to respect confidentiality and improve the health status of those concerned”
  • 19. Quality “As well as being culturally acceptable, health facilities, goods and services must also be scientifically and medically appropriate and of good quality”
  • 20. Accessibility Non-discrimination “Health facilities, goods and services must be accessible to all, especially the most vulnerable or marginalized sections of the population” Physical accessibility “Health facilities, goods and services must be within safe physical reach for all sections of the population, especially vulnerable or marginalized groups”
  • 21. Accessibility (cont’d) Economic accessibility (Affordability) “Payment for health-care services, as well as services related to the determinants of health, has to be based on equity, ensuring that these services, whether privately or publicly provided, are affordable for all, including socially disadvantaged groups” Information accessibility “Accessibility includes the right to seek, receive and impart information and ideas concerning health issues”
  • 22. Article 12.2 (b). The right to healthy natural and workplace environments • The improvement of all aspects of environmental and industrial hygiene (art. 12.2 (b)) comprises, inter alia, preventive measures in respect of occupational accidents and diseases; the requirement to ensure an adequate supply of safe and potable water and basic sanitation; the prevention and reduction of the population's exposure to harmful substances such as radiation and harmful chemicals or other detrimental environmental conditions that directly or indirectly impact upon human health.
  • 23. Article 12.2 (b). The right to healthy natural and workplace environments • Furthermore, industrial hygiene refers to the minimization, so far as is reasonably practicable, of the causes of health hazards inherent in the working environment. Article 12.2 (b) also embraces adequate housing and safe and hygienic working conditions, an adequate supply of food and proper nutrition, and discourages the abuse of alcohol, and the use of tobacco, drugs and other harmful substances.
  • 24. Article 12.2 (c). The right to prevention, treatment and control of diseases • The prevention, treatment and control of epidemic, endemic, occupational and other diseases requires the establishment of prevention and education programmes for behavior-related health concerns such as sexually transmitted diseases, in particular HIV/AIDS, and those adversely affecting sexual and reproductive health, and the promotion of social determinants of good health, such as environmental safety, education, economic development and gender equity.
  • 25. Article 12.2 (c). The right to prevention, treatment and control of diseases • The control of diseases refers to States’ individual and joint efforts to, inter alia, make available relevant technologies, using and improving epidemiological surveillance and data collection on a disaggregated basis, the implementation or enhancement of immunization programmes and other strategies of infectious disease control.

Notas do Editor

  1. Source: Federation, Patrick Fuller
  2. Pictures of US and Soviet union
  3. Picture of child
  4. Source: Federation, P Fuller
  5. Source: PAHO
  6. Source: JHU-CCP