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Open Access
Article
Publication date: 20 December 2018

Patchareewan Jensarikorn, Supavan Phlainoi, Nawarat Phlainoi and Kittipong Saejeng

The purpose of this paper is to assess the situation of accessibility to reproductive health rights, and the conditional factors of accessibility to such rights of adolescents.

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Abstract

Purpose

The purpose of this paper is to assess the situation of accessibility to reproductive health rights, and the conditional factors of accessibility to such rights of adolescents.

Design/methodology/approach

A qualitative method was used to extract information from 80 informants. Data were collected through in-depth interview, focus group discussion, observation, data recording, audio recording and the review of related documents during August to October 2016.

Findings

Adolescents had not accessed to their right on informing of their decision making; information and education; health; confidentiality and privacy; and treating with equity and no discrimination. Also, the conditional factors influenced to the accessibility on such rights were lacking of knowledge on reproductive health and negative attitude toward this matter among the people concerned. There were still no regulations or policies on the performance of authority agencies and the factors on social dimensions, traditions, customs, sexual culture and religion.

Originality/value

The findings from this study would be a help to promote the accessibility for adolescents to reproductive health rights under the Prevention and Solution of Adolescent Pregnancy Problem Act, B.E. 2559 (2016) specific on standard criteria reproductive health services from hospitals and the involvement from Ministry of Education for the development of sex life skill and reproductive health for the teacher.

Details

Journal of Health Research, vol. 33 no. 1
Type: Research Article
ISSN: 2586-940X

Keywords

Article
Publication date: 1 January 2024

Fatemeh Kokabisaghi

Health is a human right and a fundamental building block of sustainable development, economic prosperity and poverty reduction. To realize people’s right to health, evaluating the…

Abstract

Purpose

Health is a human right and a fundamental building block of sustainable development, economic prosperity and poverty reduction. To realize people’s right to health, evaluating the situation of the right and its determinants is necessary. This paper aims to analyze Iran’s conduct in realizing its population’s right to health.

Design/methodology/approach

A qualitative case study design involving a structured review of relevant laws, policy documents, reports and academic literature was undertaken. The data were collected from electronic databases and the official Web pages of the United Nations (UN) and Iran’s Government and analyzed by a framework suggested by the UN.

Findings

Iran’s law and policies intend to combat health inequalities and to provide an adequate standard of living for everyone, particularly disadvantaged groups and individuals. However, not all laws and policies protecting disadvantaged groups are adequately implemented. There are disparities in health status and access to health care among different socio-economic groups. International economic sanctions and government policies decreased people’s ability to access the necessities of life including health care. Moreover, social determinants of health, such as cultural beliefs regarding women’s rights have not been addressed sufficiently in the country’s laws.

Research limitations/implications

This study includes a broad range of subjects and provides an overview of the health-care system of Iran. However, more detail is needed to describe every aspect of the right to health. It was not feasible to address them all in this paper and needs more research. In addition, as with the majority of qualitative studies, the design of the current study is subject to limitations. Firstly, the research quality of narrative reviews is dependent on the researcher’ skills and more easily can be influenced by his/her personal biases. Second, the rigor is more difficult to maintain, assess and demonstrate. Nevertheless, narrative studies often complement quantitative studies and are informative.

Originality/value

To fulfill the right to health, Iran should improve affordability and quality of care and the situation of the determinants of health. The gaps in people’s access to health care need to be identified, and all necessary means and scarce resources be allocated to remove access barriers and to improve the situation of disadvantaged people. The adoption of relatively low-cost targeted programs, the proper management of resources and the prevention of unnecessary costs are suggested.

Details

International Journal of Human Rights in Healthcare, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 29 July 2022

Elisavet Athanasia Alexiadou

Health sector corruption constitutes a pervasive challenge and a major obstacle to the equitable enjoyment of the right to health by exacerbating health inequalities within…

Abstract

Purpose

Health sector corruption constitutes a pervasive challenge and a major obstacle to the equitable enjoyment of the right to health by exacerbating health inequalities within societies, while often eroding public trust primarily amid public health crises that threaten human security. The purpose of this paper is to examine the value of advancing right to health considerations in national legislative and regulatory responses against health sector corruption.

Design/methodology/approach

This paper builds on existing evidence, with focusing attention on international standards that are relevant to the topic under discussion. The literature research included publicly available reports, peer-reviewed studies and other documents primarily of human rights bodies at the United Nations level.

Findings

Advancing right to health considerations in national responses against health sector corruption offers comprehensive guidance for the deployment of a strong regulatory anti-corruption framework for action by the governments as part of their health rights obligations. Essentially, the implementation of such a national framework for action, encompassing accountability, participatory decision-making and transparency, constitutes a necessary and an important step towards maintaining well-functioning health systems and a robust social pressure for continued political commitment with the ultimate goal the provision of equitable access to quality health services at all times.

Originality/value

By using a rights-based approach, the paper identifies a national framework for state action consisting of legal obligations and tools towards guiding governments, while at the same time empowering civil society groups to demand the implementation of core human rights principles of transparency, participation and accountability within health system governance. It provides insights for the future development, reinforcement and/or reform of national law, policies and practices towards minimizing and eradicating vulnerabilities to health sector corruption.

Details

International Journal of Human Rights in Healthcare, vol. 16 no. 5
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 1 November 2022

Angela Uyen-Cateriano, Fabriccio J. Visconti-Lopez, Cielo Cabanillas-Ramirez, Milene Morocho-Pinedo, Vicente A. Benites-Zapata, Daniel Raa-Ortiz and Percy Herrera-Añazco

This study aims to evaluate the association between ethnic minority membership and their knowledge about their human health rights in Peru.

Abstract

Purpose

This study aims to evaluate the association between ethnic minority membership and their knowledge about their human health rights in Peru.

Design/methodology/approach

A secondary analysis of the National Health User Satisfaction Survey 2015–2016 was conducted using an analytical cross-sectional design. Participants who spoke Quechua, Aymara, Awajun, Bora or a language other than Spanish aged 15 year were considered as a racial minority. The question “Do you know that by law you have health rights?” was applied to incorporate knowledge on health rights. Generalized linear models of the Poisson distribution were used to calculate crude prevalence ratio and adjusted prevalence ratio. A total of 3,721 responses were included in the analysis.

Findings

The average age was 38.3 year, and 26.6% were males. The prevalence of belonging to an ethnic minority was 7.7%, and 27.6% of the participants did not know about their health rights. An association was found in the adjusted regression analysis between belonging to an ethnic minority and a greater probability of not knowing human health rights.

Originality/value

The value of the works lies in one in four participants who did not know he had health rights by law. Belonging to an ethnic minority was associated with not knowing about having human health rights.

Details

International Journal of Human Rights in Healthcare, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 15 June 2018

Danielle da Costa Leite Borges and Caterina Francesca Guidi

The purpose of this paper is to analyse the levels of access to healthcare available to undocumented migrants in the Italian and British health systems through a comparative…

Abstract

Purpose

The purpose of this paper is to analyse the levels of access to healthcare available to undocumented migrants in the Italian and British health systems through a comparative analysis of health policies for this population in these two national health systems.

Design/methodology/approach

It builds on textual and legal analysis to explore the different meanings that the principle of universal access to healthcare might have according to literature and legal documents in the field, especially those from the human rights domain. Then, the concept of universal access, in theory, is contrasted with actual health policies in each of the selected countries to establish its meaning in practice and according to the social context. The analysis relies on policy papers, data on health expenditure, legal statutes and administrative regulations and is informed by one research question: What background conditions better explain more universal and comprehensive health systems for undocumented migrants?

Findings

By answering this research question the paper concludes that the Italian health system is more comprehensive than the British health system insofar it guarantees access free of charge to different levels of care, including primary, emergency, preventive and maternity care, while the rule in the British health system is the recovering of charges for the provision of services, with few exceptions. One possible legal explanation for the differences in access between Italy and UK is the fact that the right to health is not recognised as a fundamental constitutional right in the latter as it is in the former.

Originality/value

The paper contributes to ongoing debates on Universal Health Coverage and migration, and dialogues with recent discussions on social justice and welfare state typologies.

Details

International Journal of Human Rights in Healthcare, vol. 11 no. 4
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 7 December 2020

Erick da Luz Scherf, Marcos Vinicius Viana da Silva and Janaina S. Fachini

The purpose of this paper is to explore how the COVID-19 pandemic has been managed in Brazil, especially at the Federal Administrative level, with the focus being on the…

Abstract

Purpose

The purpose of this paper is to explore how the COVID-19 pandemic has been managed in Brazil, especially at the Federal Administrative level, with the focus being on the implications for human rights and public health in the country.

Design/methodology/approach

The research is built on a qualitative design made up of a case-study and review of the literature and is based on inductive reasoning.

Findings

Main conclusions were that: by not making sufficient efforts to safeguard the lives of Brazilians or to strengthen public health institutions amid the pandemic, Bolsonaro’s Administration may be violating the rights to life and health, among others, by omission; it was demonstrated that the President has worked unceasingly to bulldoze anti-COVID-19 efforts, which can be better explained through the concepts of necropolitics and neoliberal authoritarianism.

Research limitations/implications

One of the limitations to this research is that this paper was not able to discuss more thoroughly which other human rights norms and principles (apart from the right to health, life and the duty to protect vulnerable populations) have possibly been violated amid the COVID-19 pandemic in the country. Overall, this research can help expand the literature on human rights in health management during and after emergency times.

Originality/value

This paper focuses on recent events and on urgent matters that need to be addressed immediately in Brazil. This study provides an innovative health policy/human rights analysis to build an academic account of the ongoing pandemic in the largest country in South America.

Details

International Journal of Human Rights in Healthcare, vol. 14 no. 2
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 20 August 2021

Lee Edson P. Yarcia and Jan Michael Alexandre C. Bernadas

This paper aims to examine key obligations of states to persons deprived of liberty (PDLs) under the right to health framework in the context of COVID-19. As a case study, it also…

Abstract

Purpose

This paper aims to examine key obligations of states to persons deprived of liberty (PDLs) under the right to health framework in the context of COVID-19. As a case study, it also describes the state of health in places of detention in the Philippines during the pandemic, with an end view of providing granular recommendations for prison policy reforms.

Design/methodology/approach

Relevant rules under international human rights law related to places of detention were thematically analyzed to articulate the scope of the right to health of PDLs. To describe the state of places of detention in the Philippines, this paper relied on archival research of news from selected local mainstream and specialized media.

Findings

The right to health framework provides a foundation for the response to COVID-19 in places of detention. Key concerns include increase in the number of infections, vulnerabilities in physical and mental health, and the spread of infection among correctional staff. Long-standing structural constraints and limited health information compound the threat of COVID-19. The Philippines must comply with its human rights obligations to PDLs to effectively address COVID-19-related concerns.

Practical implications

Policy reforms in Philippine places of detention must include application of community standards on physical and mental health, implementation of emergency release and application of non-custodial measures for long-term prison decongestion.

Originality/value

This is one of the few papers to analyze human rights in health care in places of detention during a pandemic, as nuanced in the context of the Philippines.

Details

International Journal of Human Rights in Healthcare, vol. 16 no. 3
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 25 October 2021

Oleg M. Yaroshenko, Volodymyr M. Steshenko, Hanna V. Anisimova, Galina O. Yakovleva and Mariia S. Nabrusko

The purpose of this paper is to examine the international regional system of the preservation of the right to health in the European human rights system through the work of the…

Abstract

Purpose

The purpose of this paper is to examine the international regional system of the preservation of the right to health in the European human rights system through the work of the ECtHR, to analyse the case law of the ECHR based on the human right to health. This purpose determines the following tasks: to identify the features of the realization of the right to health in the European mechanism of human rights protection; to study the mechanism of realization of the right to health in the activity of the ECtHR; to describe the case law of the ECtHR in terms of the right to health.

Design/methodology/approach

The “black letter” law methodology is used to focus attention on conducting research on the letter of the law and the desire to conduct a descriptive analysis of legal norms, based on primary sources.

Findings

On the basis of the conducted researches, it is possible to draw a conclusion that the ECHR, albeit implicitly, refers to the right to health as well.

Originality/value

The right to health is included in the catalogue of the most important universally recognized human rights and is most often considered as an integral part of socio-economic human rights, but there is no special universal or regional mechanism for protecting this category of rights.

Details

International Journal of Human Rights in Healthcare, vol. 15 no. 5
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 18 September 2020

Thibault Weigelt and Erica Sharma

The purpose of this paper is to analyse the budget of the Indian family planning programme from a human rights perspective. Family planning services play an important role in the…

Abstract

Purpose

The purpose of this paper is to analyse the budget of the Indian family planning programme from a human rights perspective. Family planning services play an important role in the realisation of the reproductive rights of women. In India, the family planning programme is one of the largest in the world with thousands of patients, mostly women, accessing services every year. Although the Indian legal system guarantees the right to health, Indian women from marginalised sections of society still battle inadequate services and the absence of health care that respects their right to reproductive autonomy and choice. Therefore, the question is: in the presence of a strong legal framework, what are the factors that contribute to this phenomenon?

Design/methodology/approach

The authors have gathered data from the project implementation plans at the state level comparing year-wise expenditure for family planning against overall expenditure for reproductive, maternal and child health expenditure. The data are then compared to the number of women using sterilisation to suggest a relationship between both. Finally, the article relies on desk research to review scholarship on the Indian family planning programme and applicable human rights obligations.

Findings

The paper finds that social-economic rights such as the right to health are applicable to government spending and budgeting. It also finds current spending in the NHM is insufficient to guarantee women’s reproductive rights as the vast majority of resources are spend on sterilisation, thus limiting women’s ability to choose the number and spacing of children.

Research limitations/implications

The data used in this research bears one limitation: the propensity of the government to change the guidelines as to how States should present their budgets in the project implementation plans. The authors have adjusted the data so that it remains comparable. However, the adjustment was not possible for all expenditure data, which is why the current study is limited to the family planning programme alone.

Practical implications

The paper argues that to be human rights compliant, health budgets of the NHM need to be geared towards the specific needs of women in terms of family planning. Finally, the article briefly outlines the role played by human rights and human rights litigation in impacting government budgets.

Originality/value

India’s family planning programme has been examined from a performance and medical standpoint, focussing on medical indicators such as total fertility rate, unmet needs for family planning, amongst others. Academic scholarship has investigated through statistical analysis patterns of contraceptive use and contraceptive mix. What is absent, however, is an assessment of the programme from a right-based perspective by looking at the human rights obligations of India and their normative implications for the Indian family programme.

Details

International Journal of Human Rights in Healthcare, vol. 13 no. 4
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 24 June 2021

Mohan J. Dutta

The purpose of this manuscript is to examine the negotiations of health among low-wage migrant workers in Singapore amidst the COVID-19 outbreaks in dormitories housing them. In…

Abstract

Purpose

The purpose of this manuscript is to examine the negotiations of health among low-wage migrant workers in Singapore amidst the COVID-19 outbreaks in dormitories housing them. In doing so, the manuscript attends to the ways in which human rights are constituted amidst labor and communicative rights, constituting the backdrop against which the pandemic outbreaks take place and the pandemic response is negotiated.

Design/methodology/approach

The study is part of a long-term culture-centered ethnography conducted with low-wage migrant workers in Singapore, seeking to build communicative infrastructures for rights-based advocacy and interventions.

Findings

The findings articulate the ways in which the outbreaks in dormitories housing low-wage migrant workers are constituted amidst structural contexts of organizing migrant work in Singapore. These structural contexts of extreme neoliberalism work catalyze capitalist accumulation through the exploitation of low-wage migrant workers. The poor living conditions that constitute the outbreak are situated in relationship to the absence of labor and communicative rights in Singapore. The absence of communicative rights and dignity to livelihood constitutes the context within which the COVID-19 outbreak emerges and the ways in which it is negotiated among low-wage migrant workers in Singapore.

Originality/value

This manuscript foregrounds the interplays of labor and communicative rights in the context of the health experiences of low-wage migrant workers amidst the pandemic. Even as COVID-19 has made visible the deeply unequal societies we inhabit, the manuscript suggests the relevance of turning to communicative rights as the basis for addressing these inequalities. It contributes to the extant literature on the culture-centered approach by depicting the ways in which a pandemic as a health crisis exacerbates the challenges to health and well-being among precarious workers.

Details

International Journal of Human Rights in Healthcare, vol. 14 no. 3
Type: Research Article
ISSN: 2056-4902

Keywords

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