1. Health & Human Rights: Is Access to Medicines All We Got?
Benjamin Mason Meier, JD, LLM, PhD
Assistant Professor of Global Health Policy
University of North Carolina – Chapel Hill
World AIDS Day
November 30, 2009

2. Treatment for All ?

3. Outline Background – Health and Human Rights
Theory
Analysis
Discussion
Outline
Background – Health and Human Rights
Theory – Limited Evolution of the Right to Health to Codify Prevention
Analysis – Human Rights for Prevention
Discussion – A Rights-Based Approach to HIV Prevention

4. International Law Human Rights Public Health
BACKGROUND
Theory
Analysis
Discussion
International Law
Human Rights
Health & Human Rights
Public Health

5. Human Rights-Based Approach
BACKGROUND
Theory
Analysis
Discussion
Human Rights-Based Approach
Human Right = Valid claim & Corresponding duty
Rights holder
Duty bearer
E.g.: “A woman has a valid claim to a right to health, which is realized through the duties of the national government to provide HIV Treatment.”
Goals – (1) Define duty-bearers and rights-holders, (2) Impose legal obligations on duty-bearers, (3) Inform rights-holders of their rights and how these rights can be claimed and enforced
Programs to Realize Rights
Demand of Rights

6. Health & Human Rights Human Rights Matter Human Rights Evolve
BACKGROUND
Theory
Analysis
Discussion
Health & Human Rights
The Health & Human Rights Movement
Human Rights Matter
Human Rights Evolve
Evolution of Rights in International Law
Disease Prevention through the Right to Health?
International Law
Human Rights
Health & Human Rights
Public Health

7. International Legal Framework for Health
Background
THEORY
Analysis
Discussion
International Legal Framework for Health
Second World War
Four Freedoms
UN Charter
WHO Constitution
UDHR
The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being
Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.

8. Universal Declaration of Human Rights
Background
THEORY
Analysis
Discussion
Universal Declaration of Human Rights
Second World War
Four Freedoms
UN Charter
WHO Constitution
UDHR
Article 25
Medical care
Public health
“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…”

9. Evolution of the Right to Health
Background
THEORY
Analysis
Discussion
Evolution of the Right to Health
Declaration of Alma-Ata
(1978)
UDHR (1948)
ICESCR
(1966)

10. Legacy of Human Rights Neglect
Background
Theory
ANALYSIS
Discussion
Legacy of Human Rights Neglect
Right to Health Does Not Address Underlying Determinants of Health
Dismantling Health Systems – Exacerbating Health Inequalities
From Legal Obligation to Non- Binding “Commitment”
Human Right to Health
Treatment
“Exceptional” Funding Distortions ✗
MDGs for Health

11. Human Rights for Prevention?
Background
Theory
ANALYSIS
Discussion
Human Rights for Prevention?
Is a Right to Medicines All We’ve Got?
From Collective to Individual Models
Structural determinants of health & Prevention
Primary health care
Curative medicine
Prevention as a Means to
Individual Health Capability
Collective Utility
From Public Health Discourses to Human Rights Obligations

12. Collective Rights-Based Approach
Background
Theory
Analysis
DISCUSSION
Collective Rights-Based Approach
Human Right = Valid claim & Corresponding duty
Rights holder
Duty bearer
E.g.: “A state has a valid claim to a collective health rights, which are realized through the duties of the international community to provide HIV Prevention.”
Programs to Realize Rights
Demand of Rights

13. = Treatment + Prevention
Background
Theory
ANALYSIS
Discussion
Vaccine
= Treatment + Prevention

14. Test + Treatment Prevention Research Education Social Measures Condoms
Background
Theory
Analysis
DISCUSSION
Research
Treatment
Education
Test +
Social Measures
Prevention
Condoms
PrEPs
Microbicides
Circumcision

15. Treatment for All (+ Prevention) Benjamin Mason Meier
Assistant Professor of Global Health Policy
University of North Carolina – Chapel Hill