Rights-Based Approaches to Public Health
Chapter 1

Intro: Why RBA to Health matter?

Corey Weinstein: uplifting prisoners' rights to preserve human rights

Dabney Evens: Tibetan refugee with infant in Kathmandu working on carpet mill loom

Elvira Beracochea: go beyond needs, ensure right to health

International Human Rights Documents
Right to Health

General Comment 14, authoritative interpretation

Reports by Special Rapporteur on right to health appointed by UN in 2002

Office of UN High Commissioner on Human Rights/World Health Organization Fact Sheet

What do we mean by RBAs

language of rights available to all

RBA must connect to hard law or soft law

UDHR Article 25
ICSCR Article 12
General Comment 14 Fact Sheet

Ordinary people have the capacity to manage their own lives and society quite well

ICESCR2 (International Covenant on Economic, Social, and Cultural Rights (1966,1976)

Universal Declaration of Human Rights, Article 25, by UN 1948

Common Elements of RBAs

Human rights are interdependent and interrelated

All individuals are equal as human beings with inherent dignity

Human rights are indivisible

Every person are entitled to active, free, and meaningful participation

Human rights are universal and inalienable

States and other duty bearers are answerable

Retrospective analysis of RBAs

duty bearers who are engaged, strengthened, accountable

advocacy for sustainable change

community-centered development: sustainability and decision-making ability

alliance building

causes of poverty, power, gender, risk

engagement at multiple levels

focus on marginalized and discriminated groups

presentation of issues as rights issues relative to international standards

RBAs vs Needs-Based Approaches

Public health professionals monitor health RIGHTS of communities

Assessment tool in Figure 1.1

Accountability for public health officials

Excuse for poor performance, especially when needs exceed resources

Balance the rights of individuals with the rights of vulnerable populations

Right Holders, Duty Bearers, and Non-State Actors

relationship between individuals/groups and the State

civil, political, economic, social, and cultural rights

positive rights, negative rights

State obligations: respect, protect, and fulfill

TNC, MNC, NGO, CSO, rights claimers

Efficacy of RBAs to Health

show greater range and depth of positive impacts

more likely to be sustained over time