Académique Documents
Professionnel Documents
Culture Documents
Overview
Definition of Health
The Relationship between Health and
Human Rights: Why and What
The Relationship with Bioethics
The Right to Health Under International
Law
Limitations of the Right to Health
Medico-Ethicolegal Linkage
Agus Purwadianto2005
truth
Natural Law
ETHICS
Forensic Med
bioethics justice
discipline
Humanity
DR vs DR
Medicine
Law
Human Right
Public law
Goverment
Medicolegal
Ethicolegal
Citizen 1
Penal
Citizen 2
Medical law
Medical
Jurisprudence
Biomedica
l Ethics
Human
Rights
Autonomy-respect decisions
Beneficence-do good
Nonmaleficence-do no harm
Justice-act fairly and promote fair
allocation of healthcare resources
Human Rights
Individual Health
Biomedical Ethics
Population Health
Commonalities: Biomedical
Ethics and Human Rights
Both Grew out of World War II (Nuremburg
Code)
Both Focus on Individual Rights and Human
Dignity
Both ebbed in 1950s and 1960s and resurged
in the 1980s and 1990s
International Covenant of
Economic, Social and Cultural
Rights, 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.
General Comment 14
The right to health contains essential
elements:
Availability
Accessibility
Nondiscrimination
Physical accessibility
Economic accessibility (affordability)
Acceptability
Quality
Participation
CEDAW 1979
CEDAW
Convention on the Elimination
of All Forms of Discrimination
Against Women
CEDAW Article 1
For the purposes of the present Convention, the
term "discrimination against women" shall mean
any distinction, exclusion or restriction made on
the basis of sex which has the effect or purpose
of impairing or nullifying the recognition,
enjoyment or exercise by women, irrespective of
their marital status, on a basis of equality of men
and women, of human rights and fundamental
freedoms in the political, economic, social,
cultural, civil or any other field.
Article 12
1. States Parties shall take all appropriate
measures to eliminate discrimination
against women in the field of health care
in order to ensure, on a basis of equality of
men and women, access to health care
services, including those related to family
planning.
Article 12
2. Notwithstanding the provisions of
paragraph I of this article, States Parties
shall ensure to women appropriate
services in connection with pregnancy,
confinement and the post-natal period,
granting free services where necessary,
as well as adequate nutrition during
pregnancy and lactation.
CRC 1989
CRC
Convention on the Rights of
the Child
Article 1
For the purposes of the present
Convention, a child means every human
being below the age of eighteen years
unless under the law applicable to the
child, majority is attained earlier.
Article 24
Article 24
1. States Parties recognize the right of the child
to the enjoyment of the highest attainable
standard of health and to facilities for the
treatment of illness and rehabilitation of health.
States Parties shall strive to ensure that no child
is deprived of his or her right of access to such
health care services.
Article 24 continued
2. States Parties shall pursue full implementation of this
right and, in particular, shall take appropriate measures:
(a) To diminish infant and child mortality;
(b) To ensure the provision of necessary medical
assistance and health care to all children with emphasis
on the development of primary health care;
(c) To combat disease and malnutrition, including within
the framework of primary health care, through, inter
alia, the application of readily available technology and
through the provision of adequate nutritious foods and
clean drinking-water, taking into consideration the
dangers and risks of environmental pollution;
Article 24 continued
(d) To ensure appropriate pre-natal and post-natal
health care for mothers;
(e) To ensure that all segments of society, in particular
parents and children, are informed, have access to
education and are supported in the use of basic
knowledge of child health and nutrition, the advantages
of breastfeeding, hygiene and environmental sanitation
and the prevention of accidents;
(f) To develop preventive health care, guidance for
parents and family planning education and services.
Article 24
3. States Parties shall take all effective and
appropriate measures with a view to abolishing
traditional practices prejudicial to the health of
children.
4. States Parties undertake to promote and
encourage international co-operation with a view
to achieving progressively the full realization of
the right recognized in the present article. In this
regard, particular account shall be taken of the
needs of developing countries.
Indonesian Law
Womens Health: ? (Domestic Violence
Law of 2004)
Child Health: Child Protection Law (2002)
How?
Regional Mechanisms
Regional Human Rights
Mechanisms
Inter-American System
(OAS)
Europe
Council of Europe & EU
Africa
Tension
Public
Health
Individual
Rights
(Human Rights)
THE END