Human rights

Rights and health, HIV/AIDS and sexual and reproductive rights

This section provides a selection of resources that explore the links between human rights, right-based approaches and a selection of sectors and themes. They include donor guidance and policy statements, academic research, and advocacy papers. Many of these documents aim to show how a rights-based approach helps to enhance existing sectoral work. The indivisibility or interdependence of rights also demonstrates that cross-sectoral working is essential for realising rights.

Rights help to move beyond predominantly technical approaches, to recognise the need to address the wider political and social environment within which programmes occur. Rights often necessitate the use of new language or ways of thinking about how to make decisions and prioritise, with implications for policy formation.

Page contents

Health

The following document is a concise introduction to how human rights and equity perspectives can support efforts to tackle the interrelated areas of poverty and ill health.

Braveman, P., and Gruskin, S., 2003, 'Poverty, Equity, Human Rights and Health', Bulletin of the World Health Organisation, vol. 81, no. 7
How do poverty, equity and human rights relate to health? This study, by the University of California, suggests that they are closely linked conceptually and operationally and that each provides valuable, unique guidance for health institutions’ work. Equity and human rights perspectives can contribute to health institutions’ efforts to tackle poverty and health. Focusing on poverty is essential to operationalising those commitments.
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This paper focuses more on the interrelationship between human rights and health: how neglected diseases are more likely to occur where human rights protections are weak and how the prevalence of such diseases in turn amount to further human rights violations.

Hunt, P., 2007, 'Neglected Diseases: A Human Rights Analysis', Social, Economic and Behavioural Research Special Topics, no. 6, World Health Organization, Geneva
How can a human rights approach contribute to the fight against neglected diseases? Neglected diseases are understood to be those primarily affecting people living in poverty in developing countries, particularly in rural areas. This report from the World Health Organisation (WHO) aims to equip practitioners with an understanding of how human rights abuses can both cause and result from neglected diseases.
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This paper explores in more detail how a rights approach can enhance the responsiveness of health systems to patients.

Gostin, L. et al., 2003, 'The Domains of Health Responsiveness: A Human Rights Analysis', Health and Human Rights Working Paper Series, No.2, World Health Organisation, Geneva
What do human rights have in common with the responsiveness of healthcare systems? This report, by the World Health Organisation (WHO), argues that the improvement of health is the main goal of health systems. It outlines eight domains of healthcare responsiveness and sets out how they can be understood through human rights principles, and in the context of international human rights instruments.
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The following paper explores how a rights-based approach can accelerate existing strategies for reducing maternal mortality rates.

Hawkins, K. et al., 2005, 'Developing a Human Rights-Based Approach to Addressing Maternal Mortality. Desk Review', DFID Health Resource Centre, London
Can a rights-based approach reduce maternal mortality? Can its focus on equity improve health outcomes for poor women? This review, by the UK Department for International Development (DFID), argues that rights-based approaches can add impetus to reducing maternal mortality. It argues that policy actors in government and civil society should find ways of addressing the economic, social, cultural and political forces that prevent poor women from asserting their right to maternal health.
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HIV and AIDS

A rights-based approach to children affected by HIV and AIDS addresses not only physical health, but education, psychosocial well-being, and inheritance rights, among other areas.

Grainger, C. et al., 2001, 'Children Affected by HIV/AIDS: Rights and Responses in the Developing World', Save the Children-UK, London
What is the situation of children affected by HIV/AIDS who live in poor countries? This Save the Children UK working paper tackles this question, and analyses the responses of households, communities, programming organisations, governments and donors. Generations of children are growing up in Africa whose rights are being challenged by HIV/AIDS, and whose capacity to develop as adults is being curtailed. The paper emphasises the importance of improved monitoring and evaluation, and dissemination of lessons learned. It also recommends that agencies adopt a rights-based approach that mobilises communities and provides economic support through micro-finance.
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The following paper outlines the relationship between human rights violations and HIV and AIDS. It suggests approaches for protecting rights and reducing stigma and discrimination, providing case studies for each method.

Aggleton, P. et al, 2005, 'HIV-related Stigma, Discrimination and Human Rights Violations: Case Studies of Successful Programmes', UNAIDS Best Practice Collection, Geneva
Stigma and discrimination have fuelled the transmission of HIV and increased the negative impact of the epidemic. How can HIV-related discrimination be addressed in order to achieve public health goals and overcome the epidemic? UNAIDS examines this question, drawing on a range of case studies from all over the world. Stigma, discrimination and human rights violations are intimately linked, reinforcing and legitimising each other. Multi-faceted action, sustained over time, is needed to prevent stigma, challenge discrimination and promote and protect HIV-related human rights.
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The following paper reviews progress with human rights-based approaches to HIV and AIDS.

Patterson, D., 2002, 'Reviewing Programming on HIV/AIDS, Human Rights and Development', Canadian HIV/AIDS Legal Network for the Canadian International Development Agency, Montréal
The protection of human rights is receiving increased attention in international legal obligations aimed at reducing the spread and impact of HIV/AIDS. Can a rights-based approach offer an effective framework for confronting HIV/AIDS over the longer term? How does a rights-based approach differ from other development approaches? This paper, compiled for the Canadian HIV/AIDS Legal Network, explores rights-based approaches to HIV/AIDS in development funding and examines the extent to which donors and other agencies have incorporated these into their programmes.
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Sexual & reproductive rights

The following short briefing outlines the links between human rights and reproductive health, and provides guidance on implementing a rights-based approach.

Kols, A, 2003, 'A Rights-Based Approach to Reproductive Health', UNFPA/Programme for Appropriate Technology in Health, Seattle
Effectively addressing reproductive health problems calls for an integrated, rights-based approach that draws on the fields of health, ethics, law and human rights. This approach can provide analytical tools to identify root causes and inequities, shape humane and effective programmes and policies, and pressure governments into working proactively. This issue of Outlook, published by PATH, outlines the principles, benefits, obligations and implementation of such an approach.
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DFID's policies on sexual and reproductive health and rights are laid out in the following paper.

Department for International Development, 2004, 'Sexual and Reproductive Health and Rights: A Position Paper', London
Sexual and reproductive health is a human right, essential to human development and the achievement of the Millennium Development Goals. This paper by the Department for International Development (DFID) reviews achievements since the 1994 International Conference on Population and Development (ICPD), sets out DFIDs position on sexual and reproductive health and rights, and its view of the future. Important progress has been made, but there remains much to be done to achieve universal access to reproductive health services by 2015.
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Crichton, J., Nyamu Musembi, C. and Ngugi, A., 2008, ‘Painful Tradeoffs: Intimate-partner Violence and Sexual and Reproductive Health Rights in Kenya’, IDS Working Paper no 312, Institute of Development Studies, Brighton.
How does intimate-partner violence affect Kenyan women's rights? How can the government, NGOs, and the legal and healthcare systems support abused women? This paper from the Institute of Development Studies explores links between intimate-partner violence and sexual and reproductive health (SRH) rights in Nairobi. Significant gaps exist between formal legal rights and the realities experienced by individuals. Legal reform, improved services for affected women and better coordination among service providers are required.
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