영문목차

Acknowledgments=xv

Introduction=1

PART I. HEALTH AND HUMAN RIGHTS OVERVIEW

Introduction to Part I=13

1. Health and Human Rights : Drawing on insights from the HIV/AIDS epidemic, this 1994 foundational chapter outlines the conceptual work from which the field of health and human rights emerged. / JONATHAN M. MANN ; LAWRENCE O. GOSTIN ; SOFIA GRUSKIN ; TROYEN BRENNAN ; ZITA LAZZARINI ; HARVEY V. FINEBERG=16

POINT of VIEW : Eleanor Roosevelt Drives By / THE HONORABLE MICHAEL KIRBY AC CMG=28

2. History, Principles and Practice of Health and Human Rights : Emphasizing the role that health professionals can play in reducing and preventing human rights violations, this chapter also suggests that health-related policies and practices can promote rights. / SOFIA GRUSKIN ; EDWARD J. MILLS ; DANIEL TARANTOLA=32

3. Human Rights Approach to Public Health Policy : Drawing on the experience gained in the global response to HIV/AIDS, this chapter summarizes the ways key dimensions of public health and human rights intersect and may be used as a framework for health policy analysis, development and evaluation. / DANIEL TARANTOLA ; SOFIA GRUSKIN=43

POINT of VIEW : Health and Human Rights―A View from Nepal / PAUL FARMER=59

4. Health Systems and the Right to the Highest Attainable Standard of Health : Written by the former Special Rapporteur on the Right to Health and a colleague, this chapter explains how practical application of the right to the highest attainable standard of health can result in an effective and integrative health system. / PAUL HUNT ; GUNILLA BACKMAN=62

5. Global Bioethics at UNESCO : In Defense of the Universal Declaration on Bioethics and Human Rights : The new Universal Declaration of Bioethics and Human Rights, adopted by 180 countries, illustrates how human rights and bioethics can work together to foster human rights and social justice. / ROBERTO ANDORNO=77

6. The Nuremberg Doctors' Trial

(a) Opening Statement of the Prosecution, Dec. 9, 1946 : Telford Taylor opening the trial of the Nazi doctors for crimes against humanity and war crimes involving the murder and torture of concentration camp prisoners in a variety of barbaric human "experiments," with an explanation of why the trial was necessary. / TELFORD TAYLOR=86

(b) Excerpts from the Judgment, Aug. 19, 1947 : The US judges at the trial of the Nazi doctors explain their verdict, and also issue what has become known as "The Nuremberg Code," the most important health and human rights document relating to research on human beings. / JUDGES HAROLD SEBRING ; WALTER BEALS ; JOHNSON CRAWFORD=93

7. Global Health and Post-9/11 Human Rights : Exploring many of the continuing controversies in the field of health and human rights, this chapter reflects on post-9/11 concerns for national security, social justice, globalization and transnational corporations, and the continuing role of the Nuremberg Code in regulating international research trials. / GEORGE J. ANNAS=102

PART II. CONCEPTS, METHODS AND GOVERNANCE

Introduction to Part II=119

8. Bringing Human Rights into Public Health : Tracing the evolution of linking health and human rights with particular attention to underserved and marginalized populations, this chapter discusses programmatic application of a rights-based approach to health. / SOFIA GRUSKIN ; DANIEL TARANTOLA=123

POINT of VIEW : Power, Suffering and Courts : Reflections on Promoting Health Rights through Judicialization / ALICIA ELY YAMIN=135

9. Is Access to Essential Medicines as Part of the Fulfillment of the Right to Health Enforceable through the Courts? : This chapter sets forth the results of a systematic review of court cases in low and middle income countries in which the courts were used to claim access to essential medicines arguably guaranteed them by the right to health. / HANS V. HOGERZEIL ; MELANIE SAMSON ; JAUME VIDAL CASANOVAS ; LADAN RAHMANI-OCORA=139

POINT of VIEW : The Global Commission on HIV and the Law : Building Resilient HIV Responses / MANDEEP DHALIWAL=151

10. Human Rights, Health and Development : Presenting an analytic and action oriented framework, the authors underscore the symbiotic interconnectedness of human development, health and human rights to combat poverty. / DANIEL TARANTOLA ; ANDREW BYRNES ; MICHAEL JOHNSON ; LYNN KEMP ; ANTHONY ZWI ; SOFIA GRUSKIN=154

11. A Poverty of Rights : Six Ways to Fix the MDGs : This chapter suggests that human rights were all but left out of the Millennium Development Goals and that the integration of human rights into international development policy is an idea that still faces resistance that can only be overcome through a participatory process. / MALCOLM LANGFORD=179

POINT of VIEW : A Failure to Act : Human Rights and the Social Determinants of Health / JEFFREY O'MALLEY=191

12. Child Rights and Child Poverty : Can the International Framework of Children's Rights Be Used to Improve Child Survival Rates? : This chapter explains how using the human rights framework can help reduce child poverty and improve child survival rates more effectively than narrowly designed public health and medical interventions. / SIMON PEMBERTON ; DAVID GORDON ; SHAILEN NANDY ; CHRISTINA PANTAZIS ; PETER TOWNSEND=194

13. Using Indicators to Determine the Contribution of Human Rights to Public Health Efforts : Emphasizing the need for clarity in how human rights are considered in determining program effectiveness, this chapter proposes an approach to enhance the practical application of human rights to monitoring and evaluation with the ultimate goal of advancing accountability and improving programs. / SOFIA GRUSKIN ; LAURA FERGUSON=202

14. Mainstreaming Wellbeing : An Impact Assessment for the Right to Health : This chapter compares the pros and cons of using health as an entry point and main focus of health impact assessments, and contrasts the use of human rights as entry points. / REBEKAH GAY=212

15. Pillars for Progress on the Right to Health : Harnessing the Potential of Human Rights through a Framework Convention on Global Health : This chapter argues that there is a need for a binding universal framework convention on global health that encompasses its human rights dimensions with a goal of "health for all, justice for all." / ERIC A. FRIEDMAN ; LAWRENCE O. GOSTIN=233

PART III. HEIGHTENED VULNERABILITY AND THE NEED FOR SPECIAL PROTECTION

Introduction to Part III=255

16. War and Human Rights : War is everywhere and always a human rights disaster, and, the authors argue, every step possible should be taken to avoid war, and where this is impossible humanitarian law should be enforced and civilian and noncombatant populations protected. / GEORGE J. ANNAS ; H. JACK GEIGER=258

17. New Challenges for Humanitarian Protection : The authors suggest that physicians have a duty as key actors to do what they can to protect civilians and provide humanitarian relief in times of war. / CLAUDE BRUDERLEIN ; JENNIFER LEANING=269

18. Torture and Public Health : This chapter provides an introduction to the history and epidemiology of torture as a major and enduring public health problem. / LINDA PIWOWARCZYK ; SONDRA CROSBY ; DENALI KERR ; MICHAEL A. GRODIN=278

19. Asylum Seekers, Refugees, and the Politics of Access to Health Care : A UK Perspective : This chapter discusses health policy in the context of health and human rights issues faced by refugees and asylum seekers who suffer a disproportionate burden of illness. / KEITH TAYLOR=289

20. Prevalence and Correlates of Forced Sex Perpetration and Victimization in Botswana and Swaziland : Using the example of sexual violence against women, the authors provide a compelling example of the value of collecting empirical data to inform policy and to support redress for human rights violations. / ALEXANDER C. TSAI ; KAREN LEITER ; MICHELE HEISLER ; VINCENT IACOPINO ; WILLIAM WOLFE ; KATE SHANNON ; NTHABISENG PHALADZE ; ZAKHE HLANZE ; SHERI WEISER=301

POINT of VIEW : Indigenous Health Is a Matter of Human Rights / TOM CALMA=314

21. Solitary Confinement and Mental Illness in U.S. Prisons : A Challenge for Medical Ethics : This chapter argues that solitary confinement that inflicts mental harm is not ethically defensible for health care professionals and is a human rights violation that health care associations should work to end. / JEFFREY L. METZNER ; JAMIE FELLNER=316

POINT of VIEW : Dual Loyalty in Clinical and Public Health Settings―the Imperative to Uphold Human Rights / LESLIE LONDON ; LAUREL BALDWIN-RAGAVEN ; LEONARD RUBENSTEIN=322

22. American Vertigo : "Dual Use," Prison Physicians, Research and Guantánamo : The author examines the roles of physicians in prisons with special attention on how the state uses physicians not only to provide healthcare to prisoners, but also to further the national security and research interests of the state. / GEORGE J. ANNAS=324

PART IV. ADDRESSING SYSTEM FAILURES

Introduction to Part IV=339

23. Gender, Health and Human Rights : A classic chapter that proposes one of the first frameworks for consideration of gender, health and human rights. / REBECCA J. COOK=341

POINT of VIEW : Sexuality, Health and Human Rights : Nothing Sacred, Nothing Assumed / ALICE MILLER=352

24. Sexual Orientation, Gender Identity and International Human Rights Law : Contextualising the Yogyakarta Principles : The authors address the need for more robust international norms to promote and protect human rights in relation to sexual orientation and gender identity. / MICHAEL O'FLAHERTY ; JOHN FISHER=356

POINT of VIEW : Men Who Have Sex with Men, HIV, and Human Rights : A Call to Action / CHRIS BEYRER=386

25. Reproductive Health as a Human Right : A Matter of Access or Provision? : This chapter explores the rights-related differences between government efforts to provide access or ensure access to reproductive health services. / SARA E. DAVIES=389

26. Use of Human Rights to Meet the Unmet Need for Family Planning : Concentrating on the definition of unmet need, the authors suggest how human rights can be used to identify, reduce and eliminaate legal, policy and programmatic barriers to accessing contraception. / JANE COTTINGHAM ; ADRIENNE GERMAIN ; PAUL HUNT=410

27. Assisted Reproduction : Canada's Supreme Court and the "Global Baby" : This chapter explores the regulation of the new reproductive technologies, focusing on the need for international standards to protect the health and human rights of all participants, especially the "surrogate" mothers and the resulting children. / GEORGE J. ANNAS=423

POINT of VIEW : Enhancing the Role of Men for Gender Equality and Reproductive Rights / AMINATA TOURÉ=431

28. On the "Rights" Track : The Importance of a Rights-Based Approach to Reducing Maternal Deaths : Using maternal deaths to highlight system failures, the author suggests rights-based approaches to improve the health and human rights of pregnant women. / HELEN DE PINHO=434

29. Protection of Sexual and Reproductive Health Rights : Addressing Violence Against Women : The authors address the widespread impacts of violence against women on their health and well-being, including their sexual and reproductive rights. / CLAUDIA GARCÍA-MORENO ; HEIDI STÖCKL=441

30. Mental Health and Inequity : A Human Rights Approach to Inequality, Discrimination and Mental Disability : The author proposes a human rights approach to address continuing and discouraging discrimination against people with mental disabilities. / JONATHAN KENNETH BURNS=449

POINT of VIEW : The Human Right to Water and Sanitation / PABLO SOLÓN=463

31. Governments in Times of Crisis : Neglecting to Uphold the Human Right to Nutrition? : Noting that the global food crisis is not caused by actual food shortages but by a crisis of food price inflation and market forces, the author calls on governments to fulfill the right to nutrition. / CLAUDIO SCHUFTAN=465

32. Human Rights-Based Approach to Tobacco Control : The authors propose an action-based, human rights approach to tobacco control, including reporting and complaint processes. / CAROLYN DRESLER ; HARRY LANDO ; NICK SCHNEIDER ; HITAKSHI SEHGAL=472

PART V. CHANGING WORLD

Introduction to Part V=483

33. Global Health and the Global Economic Crisis : This article describes how global health has been directly and adversely affected by the global economic crisis, and challenges readers to develop constructive and effective responses to a global economy geared to producing profits rather than enhancing health and human rights. / SOLOMON R. BENATAR ; STEPHEN GILL ; ISABELLA BAKKER=487

34. Climate Change and Human Rights : A Rough Guide : The author argues that the worst effects of climate change are likely to be felt most by those groups whose rights and health are already precarious. / STEPHEN HUMPHREYS=501

POINT of VIEW : Climate Change Is an Issue of Human Rights / MARY ROBINSON=514

35. Human Rights Implications of Governance Responses to Public Health Emergencies : The Case of Major Infectious Disease Outbreaks : The authors describe the reaction of the World Health Organization to SARS, with attention to the human rights implications of individual states declaring a "public health emergency." / GIAN LUCA BURCI ; RIIKKA KOSKENMÄKI=516

36. Bioterror and "Bioart" : A Plague o' Both Your Houses : The author describes the reaction of US government to the post-9/11 threat of bioterrorism and its negative impact on health and human rights. / GEORGE J. ANNAS=526

37. Harm Reduction, HIV/AIDS, and the Human Rights Challenge to Global Drug Control Policy : The authors demonstrate how the international community and individual governments are violating rights and acting at cross-purposes in addressing the "global war on drugs." / RICHARD ELLIOT ; JOANNE CSETE ; EVAN WOOD ; THOMAS KERR=534

38. Tuberculosis Control and Directly Observed Therapy from the Public Health/Human Rights Perspective : The authors show how a human rights framework can improve the effectiveness of treatment programs for tuberculosis. / ANNA-KARIN HURTIG ; JOHN D.H. PORTER ; JESSICA A. OGDEN=555

39. A Human Rights-Based Approach to Non-Communicable Diseases : The article applies a health and human rights approach to chronic diseases, the cause of a majority of deaths worldwide. / HELENA NYGREN-KRUG=567

POINT of VIEW : Economic Globalization : A Human Rights Approach to Occupational Health / ANAND GROVER=578

40. Bias, Discrimination and Obesity : The authors use what has become a major focus of public health action, the obesity epidemic, to illustrate the recurring and multifaceted face of stigmatization and discrimination. / REBECCA PUHL ; KELLY D. BROWNELL=581

41. Human Rights : A New Language for Aging Advocacy : Focusing on a population often ignored and marginalized, the aging, the authors suggest using human rights to help begin to deal with the rapidly changing age distribution of the population around the globe―with particular attention to making healthcare resources and community services more available. / RUSSELL E. MORGAN, JR. ; SAM DAVID=607

Concluding Note=618

Researching Health and Human Rights=620

Credit Lines=622

About the Contributors=626

About the Editors=634

Index=636