1. The Right to Health and Vulnerable Populations Unit 11
Contributed by Dabney Evans, Institute of Human Rights & Rollins School of Public Health
Emory University

2. Loosely defined, Human Rights are:
The Right to Health and Vulnerable Populations
Loosely defined, Human Rights are:
Set of beliefs about societal basis of human well-being.
Series of non-provable statements about what people need to maintain their human dignity (an abstract ideal like love, justice, peace).
Describe the relationships between individuals and society.

3. Core Characteristics of Human Rights
The Right to Health and Vulnerable Populations
Core Characteristics of Human Rights
Rights of individuals
Adhere to individuals because we are human, inherently born in dignity
Universal
Unalienable
Interdependent
Equality and non-discrimination
Participation
Rights engender certain claims/entitlements
Core rights are non-derogable
Duties to respect, protect and fulfill rights falls upon states parties

4. United Nations Charter
The Right to Health and Vulnerable Populations
United Nations Charter
Preamble We the people of the United Nations determined…to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small have resolved to combine our efforts to accomplish these aims.

5. United Nations Charter
The Right to Health and Vulnerable Populations
United Nations Charter
Article 55
With a view to the creation of conditions of stability and well being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self determination of peoples, the United Nations shall promote:
Higher standards of living, full employment, and conditions of economic and social progress and development;
Solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and
Universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
Article 56*
All members pledge themselves to take joint and separate action* in cooperation with the organization for the achievement of the purposes set forth in Article 55.
*Sometimes interpreted as the obligation of wealthier nations to help poorer nations.

6. The Right to Health and Vulnerable Populations
Other UN Treaties
Convention on the Prevention and Punishment of the Crime of Genocide (1948)
Convention Relating to the Status of Refugees (1950)
International Covenant on the Elimination of All Forms of Racial Discrimination (1965)
Protocol Relating to the Status of Refugees (1966)
Convention on the Elimination of All Forms of Discrimination Against Women (1979)
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)
Convention on the Rights of the Child (1989)
2nd Optional Protocol to the ICCPR aimed at the abolition of the death penalty (1989)
Regional Systems exist as well including, European Commission and Court on Human
Rights, Organization of American States (OAS) and Organization of African Unity (OAU)

7. The Right to Health and Vulnerable Populations
Human Rights Documents
1945 UN Charter
1969 Racial
Discrimination
1978 Geneva
protocols and
American Convention
1987 Torture Convention
1951 OAS Charter
Genocide Convention
1950 Geneva Conventions
1976 ICCPR and ICESCR
1990 CRC
1954 Refugee Convention
1981 CEDAW

8. The Right to Health Under International Human Rights Law
The Right to Health and Vulnerable Populations
The Right to Health Under International Human Rights Law

9. Universal Declaration of Human Rights, Article 25.1
The Right to Health and Vulnerable Populations
Universal Declaration of Human Rights, Article 25.1
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 and medical care and necessary social services, 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.
Non-binding declaration

10. The Right to Health and Vulnerable Populations
International Covenant on Economic, Social, and Cultural Rights, (ICESCR) Article 12.1*
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.
*Adopted 16 Dec 1966, entered into force 3 Jan 1976, but never ratified by the US

11. The Right to Health and Vulnerable Populations
ICESCR, Article 12.2
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:
The provision for the reduction of the still-birth rate and of infant mortality and for the healthy development of the child;
The improvement of all aspects of environmental and industrial hygiene;
The prevention, treatment, and control of epidemic, endemic, occupational and other diseases;
The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

12. The Right to Health and Vulnerable Populations
Convention on the Elimination on the all forms of Racial Discrimination (CERD)
Adopted by UN GA in December 1965 and entered force in January 1969
Originally designed to disrupt the apartheid system of South Africa
170 ratifications & 6 signatories out of 192 UN member States
The US signed this treaty in 1966 and ratified it in 1994.
CERD is the only treaty that the US has ratified with a mention of the right to health.

13. The Right to Health and Vulnerable Populations
CERD
Article 5e(iv)
States parties undertake to prohibit and eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights…economic, social and cultural rights in particular…the right to public health, medical care, social security and social services.

14. Other Relevant Documents
The Right to Health and Vulnerable Populations
Other Relevant Documents
Durban Declaration (2001)
ILO Indigenous and Tribal Peoples Convention (1989)
International Convention against Apartheid in Sports (1985)
Declaration on Race and Racial Prejudice (1978)
International Convention on the Suppression and Punishment of the Crime of Apartheid (1976)
CoE Framework Convention for the Protection of National Minorities (FCNM)

15. The Right to Health and Vulnerable Populations
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Adopted by UN GA in December 1979 and entered force in September 1981
182 ratifications & 98 signatories out of 192 UN member States
The US signed this treaty in 1980 but has never ratified it mainly because of the inclusion of ESCR.

16. CEDAW and Discrimination
The Right to Health and Vulnerable Populations
CEDAW and Discrimination
Article 5
States Parties shall take all appropriate measures to modify social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or superiority of either of the sexes or on stereotyped roles for men and women.

17. The Right to Health and Vulnerable Populations
CEDAW and Health
Article 12
States Parties shall take all appropriate measures to…ensure, on a basis of equality of men and women, access to health care services, including those related to family planning.

18. Other Relevant Documents
The Right to Health and Vulnerable Populations
Other Relevant Documents
Fourth World Conference on Women in Beijing (1995)
International Conference on Population and Development in Cairo (1994)
Declaration on the Elimination of Violence Against Women (1993)
World Conference on Human Rights in Vienna (1993)
Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa

19. The Right to Health and Vulnerable Populations
Declaration on the elimination of all forms of intolerance and of discrimination based on religion or belief
Originally conceptually coupled with CERD but split once it moved from Declaration to Convention status
This Declaration was proclaimed by the general assembly in 1981
Moving it from Declaration from Convention has been on the most contentious debates in UN History

20. Religion Declaration and Health
The Right to Health and Vulnerable Populations
Religion Declaration and Health
Article 1.3 Freedom to manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others.
Article 5.5 Practices of a religion or belief in which a child is brought up must not be injurious to his physical or mental health or to his full development, taking into account article 1, paragraph 3, of the present Declaration.

21. People with Disabilities
The Right to Health and Vulnerable Populations
People with Disabilities
10% of the world’s population (650 million people) suffer from disabilities.
A convention on the rights of persons with disabilities was completed in August 2006.
The draft treaty specifically prohibits discrimination against persons with disabilities in all areas of life, including civil rights, access to justice and the right to education, health services and access to transportation.

22. The Right to Health and Vulnerable Populations
Conclusions
International human rights law has a preoccupation with the protection of vulnerable groups.
The right to health has been established under international law.
Human rights treaties provide guidance on the aspirations and standards of practice for programming directed towards vulnerable populations.