The issue of homosexuality arouses different but deeply felt emotions in many parts of the world. In Africa, 38 countries criminalize homosexuality with sentences ranging from a small fine to life imprisonment. The author notes that criminalization goes well beyond the human rights discourse; it is also a public health issue. He notes the many well researched papers that provide evidence on the negative public health impact of criminalization, not just on the homosexual persons, but also on the public health system of a country, leading global health organizations such as World Health Organization and UNAIDS to issue guidelines on the issue of criminalization. The author presents the arguments, given the demonstrable negative impact of stigma and criminalisation on public health and human rights, whether the Kenyan society can broker a middle ground between morality aspirations on the one hand and public health & human rights on the other.
Values, Policies and Rights
This report provides the summary findings of a team of expert scientists constituted by the Director General Health Services Uganda at the request of the Minister of Health to review research data, deliberate and advise him on key questions about homosexuality. The conclusions of the report as presented by Pambazuka were that there is no definitive gene responsible for homosexuality; that homosexuality is not a disease or an abnormality; that in every society, there is a small number of people with homosexual tendencies; that homosexuality can be influenced by environmental factors (e.g. culture, religion, information, peer pressure); that the practise needs regulation like any other human behaviour, especially to protect the vulnerable and that there is need for studies to address sexualities in the African context.
This paper seeks to determine how the corporate responsibilities of pharmaceutical companies in relation to access to medicines can be clarified and enforced. Two cases, one each from India and South Africa, are examined to determine how the domestic courts in both countries indirectly utilized the right to health to ensure that pharmaceutical companies did not impede access to affordable medicines through exercising their patent rights. There is a need to clarify and enforce the responsibilities pharmaceutical companies have to promote the right to health. The two cases from India and South Africa demonstrate the potentials of domestic courts as forums where these responsibilities can be effectively enforced. In the absence of a global enforcement mechanism for enforcing the right-to-health responsibilities of pharmaceutical companies, domestic courts can effectively fill this gap. In addition, this paper demonstrates that domestic courts can equally serve as forums for health diplomacy.
The complications of unsafe, illegal abortions are a significant cause of maternal mortality in Botswana. The stigma attached to abortion leads some women to seek clandestine procedures, or alternatively, to carry the fetus to term and abandon the infant at birth. The author reports in this paper on research into perceptions of abortion in urban Botswana in order to understand the social and cultural obstacles to women’s reproductive autonomy, focusing particularly on attitudes to terminating a pregnancy. She carried out 21 interviews with female and male urban adult Batswana. The article presents a review of the abortion issue in Botswana based on the research. She notes that restrictive laws must eventually be abolished to allow women access to safe, timely abortions. The findings however, suggest that socio-cultural factors, not punitive laws, present the greatest barriers to women seeking to terminate an unwanted pregnancy. These factors must be addressed so that effective local solutions to unsafe abortion can be generated.
The right to health is a fundamental human right which is recognized in international and regional human rights systems. The African Human Rights System is also duly recognized the right to health. Although recognizing the right in the human rights instrument is important, the meaningful protection of the right needs appropriate and consistent interpretation and adequate implementation mechanisms. This article scrutinizes the Justiciability and Enforcement of the right to health in the African Human Rights System. Based on analysis of relevant African Human Rights Instruments, literatures and cases of African Commission, the author argues that the justiciability of the right to health in African Human Rights System is upheld. Regarding its enforcement, the article argued that there are relevant institutional frameworks in African human rights systems and African political architecture. Hence, the enforcement of the right to health falls squarely in most of these institutions’ mandate.
There is growing dissatisfaction and even mistrust of human rights as an instrument for radical social change. The author argues that what is needed is a revolutionary approach to human rights informed by an analysis of the oppressive, anti-human social/historical context of national and global social relationships. For many social justice activists, moral contradictions in thye use of rights frameworks by both Western and non-Western states has created dissatisfaction and even mistrust of human rights as an instrument for radical social change. A “people-centered human rights” concept and approach has been developing, based on the communitarian principles of social solidarity, cooperation, non-discrimination in all social relationships, collective public ownership of the earth’s resources, respect for difference, self-determination of all peoples’ and the recognition and respect for the inherent dignity of all individuals and people’s.
The WHO Executive Board meeting in Geneva in Jan 2014 will consider a proposal from Finland (see EB134/1 Add.1) entitled: “Contributing to social and economic development: sustainable action across sectors to improve health and health equity” which is a follow up from the 8th Global Health Promotion Conference in Helsinki in June 2013. Finland has requested the inclusion of a new agenda item for the 134th session
of the Executive Board. It will provide an opportunity for the Board to have a debate, adopt a recommendation for an Assembly resolution calling for concrete steps forward, carried out within existing resources, and expressing the importance of actions across sectors for health and health equity in the final efforts to achieve the MDGs and in the debate on the post-2015 development agenda.
In this blog Thandika Mkandawire writes about the role Nelson Mandela played in inspiring his generation of political activists.He writes that if the life imprisonment of Mandela seemed like a major reversal for African nationalism and a victory for the remaining racist and fascist regimes, Mandela's statement at the dock of the court on 20 April 1964 was one the most inspiring statements for his generation: “This is the struggle of the African people, inspired by their own suffering and experience. It is a struggle for the right to live. I have cherished the ideal of a democratic and free society, in which all persons live together in harmony and with equal opportunity. It is an ideal which I hope to live for and achieve. But, if needs be, my Lord, it is an ideal for which I am prepared to die.” Mkandawire writes that four things strike him as to why the man is the most admired among Africans. One was Mandela's deep commitment to the liberation of the African people. A second was Mandela’s deep sense of duty and a warm sense of respect for the people he led and the movement to which he had been of selfless service. The third feature was Mandela’s eminently sane relationship to power and his contribution by example in his own exercise of power. The fourth was his commitment to democracy and rule of law.
The process of mythologizing represents a contestation between symbolism and mythology, writes Firoze Manji. The greatest disservice that we could pay to Mandela is to allow the complexity, courage and humanity of his long life to be reduced to a fairy tale. Mandela represents for so many the finest values of courage, liberation and freedom.
Kofi Annan speaks with the unhurried, temperate tone of someone confident of being listened to. Last week the former UN secretary-general met his match, however, in the form of hundreds of Sowetan schoolchildren blowing vuvuzelas in a football stadium. "Silence please," Annan was forced to plea as his speech was interrupted, something that can rarely have happened to him at the UN general assembly or even mediating in Syria.
Annan warned the audience drawn from 190 countries that the benefits of globalisation have not been shared fairly and the gap between rich and poor is unsustainable. It is a theme that he shares further on in this interview with the Guardian. There must be greater accountability and transparency, he says, to ensure Africa's vast natural resources benefit all its people.