Health (Right to)

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Kenyan High Court finds violations of rights to health, dignity, and personal integrity in maternal healthcare case

J.M. sought maternal health care in the Bungoma District Hospital, now the Bungoma County Referral Hospital. This hospital is a public health care facility that, in line with the President of Kenya’s 2013 Presidential Directive, was supposed to provide free maternal health care. At the hospital, J.M. was told to pay for medicine to induce her labor, and after her labor was induced, she was ordered to walk to the delivery room when her labor pains started. She followed the directive, found the delivery beds occupied, and had started to return to the labor ward, when she fainted.

Inter-American Court Enforces Positive Duty of Progressive Realization in Health Case on Persons Living with HIV

This case was presented by 49 victims—15 of whom had died while the case was being examined—and their family members, all of whom shared intersecting characteristics that made them more vulnerable to harm, such as living in poverty. The Court noted that Guatemala is the Central American country with the highest number of people living with HIV, approximately 52,000 people in 2018. The Guatemalan government attempted to address this crisis through legislation and public policy, including the availability of anti-retroviral therapy starting in 1999, but its response was inadequate.

 

The Egyptian Initiative or Personal Rights (EIPR), launched a campaign calling on the Egyptian prison authorities to provide, free of charge, sanitary pads to female...

UN finds rights violations in irregular migrant being denied essential health services

Nell Toussaint challenged Canada’s denial of health care coverage to undocumented immigrants under the under the federal government’s program of health care to immigrants, called the Interim Federal Health Benefit Program. After exhausting domestic remedies, Toussaint brought her claims to the United Nations Human Rights Committee (Committee) under the optional complaints procedure (first optional protocol) to the International Covenant on Civil and Political Rights, which Canada ratified in 1976.

Nazdeek has partnered with communities in Delhi to develop effective and accessible strategies for monitoring essential services that they are legally entitled to, seek redressal of individual right violations, and, at a collective level, advocate for systemic improvements in the delivery of...

Developed by an ESCR-Net Member
A human rights-based approach to the criminalization of HIV exposure

The appellant, E.L., a 26 year old mother of four living with HIV, was charged and convicted in the lower court under Section 192 of the Malawian Penal Code (Code) for unlawfully (negligently) engaging in an act likely to spread a disease dangerous to life. The prosecution argued that the appellant “unlawfully, negligently and knowingly” breastfed the complainant’s baby, who was left in her care. At the time of the incident, E.L. was on Anti Retro Treatment (ART).

The Network of Chinese Human Rights Defenders (CHRD) submitted information to the pre-sessional working group of the Committee on Economic, Social and Cultural Rights (CESCR). This submission was for consideration as a list of issues related to the second periodic report of...

Beijing Aizhixing Institute, in March 2013, made a submission to the Committee on Economic, Social and Cultural Rights (CESCR). The document, China AIDS, Public Health and Human Rights Issue List, primarily addresses the right to health.

Access the full submission...