The Right to Health of the Child
Intersentia Ltd (Verlag)
978-1-78068-272-3 (ISBN)
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Worldwide, children face significant health risks. The right to health of the child offers insight into the ways in which these risks should be mitigated. However, the concept of 'the highest attainable standard of health of the child' as laid down in article 24 of the Convention on the Rights of the Child remains unclear. Therefore, this book seeks to clarify the international normative framework on the right to health of the child. It does so by looking at the international children's rights framework, international health and human rights law and by taking a particular look at relevant legislation in the European region, covering both European Union legislation and human rights law of the Council of Europe, including the Guidelines on Child-Friendly Healthcare. Also, the interpretation of the right to health by the UN Committee on the Rights of the Child is analyzed for 35 countries of different levels of development. On the basis of these sources, priorities are identified that should be realized to achieve the highest attainable standard of health of the child.
This book addresses the question how the implementation process influences the interpretation of the highest attainable standard of health of the child. This results in a definition of the highest attainable standard of health of the child that takes into account the varying capabilities of individual children and which considers children as active rights-holders, notwithstanding their age or level of development.
Sarah Ida Spronk-van der Meer (Rotterdam, the Netherlands 1981) holds an LLM in international law and a MSc in health and medical anthropology. Empowering people is a central part of both her academic and program related work to enhance health, protection and well-being of children, young people and their families. In her PhD research, Spronk focuses on the right to 'the highest attainable standard of health' of the child. Previous to her PhD-research, Spronk worked for the NGO Save the Children, the International Criminal Court and a mental health institution for children and adolescents. In June 2013 Spronk completed the diplomatic training of the Ministry of Foreign Affairs of the Netherlands, where she is currently employed as a policy advisor on sexual and reproductive health and rights of children and adolescents. Topics include comprehensive sexuality education, maternal and infant mortality, protection against sexual violence, female genital mutilation and child marriages. In addition, she is involved in coaching and community projects for children to integrate sports activities, health assessments and children's rights training. Spronk is experienced in delivering lectures, workshops and trainings on children's rights, health and empowerment to a variety of audiences. She has organized conferences and voyages for children, adolescents and (young) adults in various countries.
CONTENTS Acknowledgements List of Abbreviations I. Introduction 1.1. Introduction 1.2. Problem statement and research questions 1.2.1. Research question 1.3. Methodology 1.3.1. Theoretical framework: the capability approach 1.3.2. Relating the capability approach to the highest attainable standard of health 1.3.3. Research methodology 1.4. Definition of health 1.4.1. Relevance of a definition of health 1.4.2. In search of a definition of health 1.5. Health as a right 1.6. Focus on the provision of primary health care 1.7. Children and vulnerability 1.7.1. Definition of the child 1.7.2. Definition of vulnerability 1.7.3. Empowerment 1.8. Outline of the PhD study II. The Right to Health of the Child in the Children's Rights Convention 39 2.1. Introduction 2.2. Historical development of the right to health of the child in the CRC 2.3. Key elements of the right to health of the child in the CRC 2.3.1. Substance of article 24 CRC 2.3.2. Provisions on implementation of article 24 CRC 2.4. The right to health and its relation to other CRC articles 2.4.1. Article 2: The right to non-discrimination 2.4.1.1. Forbidden ground for discrimination 2.4.1.2. Violation of the right to health 2.4.1.3. Protection of a certain interest 2.4.2. Article 3: The best interests of the child 2.4.3. Article 6: The right to life, survival and development 2.4.4. Article 12: The right of the child to be heard 2.4.5. The dilemma between protection and children's autonomy 2.4.6. Articles 5 & 18: The role of the parents in ensuring their children's health 2.4.7. Articles 26 & 27: Social security and an adequate standard of living 2.4.8. Partial conclusion 2.5. Interpretation of the child's right to health in the General Comments 2.5.1. General Comment 3: HIV/AIDS and the rights of the child 2.5.2. General Comment 4: Adolescent health and development 2.5.3. General Comment 7: Children's rights in early childhood 2.5.4. General Comment 9: The rights of children with disabilities 2.5.5. General Comment 11: Indigenous children and their rights under the Convention 2.5.6. General Comment 12: The right of the child to be heard 2.5.7. General Comment 13: The right of the child to freedom of all forms of violence 2.5.8. The newly adopted General Comment 15 on children's right to health 2.5.8.1. Holistic approach to health 2.5.8.2. Active involvement of all stakeholders 2.5.8.3. Primary health care 2.5.8.4. Reduction of infant and child mortality 2.5.9. Concluding observations on the General Comments 2.6. The basic principles of medical ethics from a children's rights perspective 2.7. Conclusion 2.7.1. Priorities in interpreting the right to the health of the child 2.7.2. Responsible actors III. Children's Right to Health in the Recommendations of the Committee on the Rights of the Child in the Concluding Observations on the Country Reports 3.1. Introduction 3.2. The reporting procedure on basic health and welfare in the Country Reports 3.3. Research method 3.4. Results I: Explanation of children's right to have access to health care in the Concluding Observations of the CRC Committee 3.4.1. Access as a prerequisite for realizing the highest attainable standard of health 3.4.2. Access to health care for vulnerable children 3.5. Results II: Systematically recurring recommendations on the right of the child to the highest attainable standard of health in the Concluding Observations 3.5.1. Lack of data in developing and developed countries 3.5.2. Budget allocation for the implementation of economic, social and cultural rights 3.5.3. Training on children's rights for professionals in the health sector 3.5.4. Birth registration as a prerequisite for social security and access to health care 3.5.4.1. Recommendations for countries categories in groups II-IV 3.5.5. Standard of living 3.5.6. Primary health care infrastructure 3.5.7. Children affected by armed conflict 3.5.8. Emerging themes 3.6. Results III: Different standards for the implementation of children's right to health for countries with different levels of human development? 3.6.1. Implementation of the right to health of the child in different circumstances and regions 3.6.2. Access to health care for children in developing and developed countries 3.6.3. Priorities set for developing and for developed countries 3.7. Conclusion and recommendations 3.7.1. Identified priorities in interpreting the right to the highest attainable standard of health 3.7.2. Relating the CRC framework to the Concluding Observations of the Committee 3.7.3. Recommendations to the CRC Committee IV. The Right to Health of the Child in International Health and Human Rights Law: Adding a Human Voice? 4.1. Introduction 4.2. An analysis of the key sources on children's right to health in international health law 4.2.1. The right to health in the UDHR, ICESCR, WHO Constitution 4.2.2. The right to health of the child in international health law 4.3. Key features of the right to health of the child in international health law 4.3.1 Availability 4.3.2. Accessibility 4.3.2.1. No de iure and de facto discrimination 4.3.2.2. Economic accessibility 4.3.2.3. Physical accessibility 4.3.2.4. Information accessibility 4.3.2.5. Organizational accessibility 4.3.3. Acceptability 4.3.4. Quality 4.4. Patient involvement as a key constituent element of the right to health 4.5. A synthesis 4.6. Key features of a health system for children based on the right to health 4.7. Conclusion V. Regional Interpretations of the Right to Health of the Child: a Focus on Europe 5.1. Introduction 5.2. Universalism in a local context 5.2.1. Universalism and the right to health of the child 5.3. Children's right to health in Europe 5.3.1. The right to health of the child in the European Union 5.3.2. The EU strategy on the rights of the child in Europe 5.3.3. The WHO strategy on the rights of the child in Europe 5.3.4. The role of children in ensuring the highest attainable standard of health of the child in the European Union 5.3.5. The role of families in ensuring the highest attainable standard of health of the child 5.3.6. The role of medical professionals 5.4. The interpretation of the right to health of the child by the Council of Europe 5.4.1. Interpretation of the right to health of the child in the European Social Charter 5.4.2. The Biomedical Convention 5.4.3. Key health issues in the Recommendations of the Council of Europe 5.4.4. The European Convention on Human Rights 5.5. Child-friendly health care: a step forward? 5.5.1. The guidelines on child-friendly healthcare: a focus on children and their families 5.5.2. Key elements of child-friendly health care 5.5.3. Practical relevance of the guidelines 5.5.4. The Charter of the European Association on Children's Rights 5.5.5. Relation between the EACH Charter and the Guidelines on Child-Friendly Health Care 5.6. Conclusion 5.6.1. The margin of appreciation on children's right to health in Europe 5.6.2. Focus on prevention of health problems 5.6.3. Child-centred health care 5.6.4. Family friendly health care 5.6.5. Empowerment 5.6.6. Discussion VI. Realizing the Right to Health of the Child 6.1. Introduction 6.2. Children's right to health and the social reality in which children live 6.3. The role of the state in realizing the right to health of children 6.3.1. The right to health of children: realizing economic, social, cultural rights 6.3.2. 'Available resources' 6.3.3. Appropriate measures 6.3.3.1. Within a reasonable time 6.3.3.2. Reasonable program 6.3.4. Justiciability of children's right to health in domestic courts 6.3.4.1. Application of the right to health in Dutch domestic law cases 6.3.4.2. Judicial and quasi-judicial decision-making 6.3.5. International cooperation for ensuring the right to health of the child 6.4. Responsibilities for non-state actors to contribute to realizing the right to the highest attainable standard of health of the child 6.4.1. The involvement of children in the medical process 6.4.2. The responsibilities of parents 6.4.3. The role of medical professionals in realizing children's right to health 6.5. Optional Protocol III to the CRC on a communications procedure for children 6.5.1. Drafting history 6.5.2. Exhaustion of national remedies 6.5.3. Children's rights in Optional Protocol III: room for participation? 6.6. Conclusion: how can the highest attainable standard of health of the child, i.e. child-centred health-care be realized? VII. Conclusions 7.1. Priorities set to achieve the highest attainable standard of health of the child 7.1.1. Priorities set in the children's rights domain 7.1.2. Priorities set in international health and human rights law 7.1.3. Priorities set in European human rights law 7.1.4. The highest attainable standard of health is a moving target 7.2. Realizing the right to the highest attainable standard of health 7.2.1. Children as rights-holders: empowerment 7.2.2. The role of the State in realizing the right to health of the child 7.2.2.1. Effective remedies 7.2.2.2. International cooperation 7.2.3. Actors responsible in the process of implementation 7.2.3.1. Parents 7.2.3.2. Medical professionals 7.3. Children's right to health: a living reality References Curriculum vitae Summary Samenvatting
| Erscheint lt. Verlag | 28.11.2014 |
|---|---|
| Verlagsort | Cambridge |
| Sprache | englisch |
| Maße | 160 x 240 mm |
| Gewicht | 550 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Medizinrecht | |
| Sozialwissenschaften ► Pädagogik ► Sozialpädagogik | |
| Sozialwissenschaften ► Soziologie | |
| ISBN-10 | 1-78068-272-7 / 1780682727 |
| ISBN-13 | 978-1-78068-272-3 / 9781780682723 |
| Zustand | Neuware |
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