Bridging International Law and Rights-Based Litigation: Mapping Health-Related Rights Through the Development of the Global Health and Human Rights Database

Health And Human Rights: An International Journal, Vol. 14, 2012

Georgetown Public Law Research Paper No. 12-056

Georgetown Law and Economics Research Paper No. 12-016

17 Pages Posted: 3 May 2012 Last revised: 1 Feb 2015

See all articles by Benjamin Mason Meier

Benjamin Mason Meier

University of North Carolina at Chapel Hill

Oscar A. Cabrera

Georgetown University - Law Center; Georgetown University - O'Neill Institute for National and Global Health Law

Ana Sumei Ayala

O'Neill Institute for National and Global Health Law, Georgetown University

Lawrence O. Gostin

Georgetown University - Law Center - O'Neill Institute for National and Global Health Law

Date Written: June 1, 2012

Abstract

The O'Neill Institute for National and Global Health Law at Georgetown University, the World Health Organization, and the Lawyers Collective have come together to develop a searchable Global Health and Human Rights Database that maps the intersection of health and human rights in judgments, international and regional instruments, and national constitutions. Where states long remained unaccountable for violations of health-related human rights, litigation has arisen as a central mechanism in an expanding movement to create rights-based accountability. Facilitated by the incorporation of international human rights standards in national law, this judicial enforcement has supported the implementation of rights-based claims, giving meaning to states' longstanding obligations to realize the highest attainable standard of health. Yet despite these advancements, there has been insufficient awareness of the international and domestic legal instruments enshrining health-related rights and little understanding of the scope and content of litigation upholding these rights. As this accountability movement evolves, the Global Health and Human Rights Database seeks to chart this burgeoning landscape of international instruments, national constitutions, and judgments for health-related rights. Employing international legal research to document and catalogue these three interconnected aspects of human rights for the public's health, the Database's categorization by human rights, health topics, and regional scope provides a comprehensive means of understanding health and human rights law. Through these categorizations, the Global Health and Human Rights Database serves as a basis for analogous legal reasoning across states to serve as precedents for future cases, for comparative legal analysis of similar health claims in different country contexts, and for empirical research to clarify the impact of human rights judgments on public health outcomes.

Keywords: global health, human rights database, international law, rights-based ligitation, health-related rights, national health policy, jurisprudence

JEL Classification: I18, I10, K30, K32

Suggested Citation

Meier, Benjamin Mason and Cabrera, Oscar A. and Ayala, Ana Sumei and Gostin, Lawrence O., Bridging International Law and Rights-Based Litigation: Mapping Health-Related Rights Through the Development of the Global Health and Human Rights Database (June 1, 2012). Health And Human Rights: An International Journal, Vol. 14, 2012, Georgetown Public Law Research Paper No. 12-056, Georgetown Law and Economics Research Paper No. 12-016, Available at SSRN: https://ssrn.com/abstract=2050529

Benjamin Mason Meier (Contact Author)

University of North Carolina at Chapel Hill ( email )

CB 3435
103 Abernethy Hall
Chapel Hill, NC 27599
United States
919-962-0542 (Phone)

HOME PAGE: http://https://www.benjaminmasonmeier.com/

Oscar A. Cabrera

Georgetown University - Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

Georgetown University - O'Neill Institute for National and Global Health Law ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States
2026629011 (Phone)
2026624045 (Fax)

HOME PAGE: http://www.oneillinstitute.org

Ana Sumei Ayala

O'Neill Institute for National and Global Health Law, Georgetown University ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

HOME PAGE: http://www.law.georgetown.edu/oneillinstitute/faculty/Ana-Ayala.cfm

Lawrence O. Gostin

Georgetown University - Law Center - O'Neill Institute for National and Global Health Law ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9038 (Phone)
202-662-9055 (Fax)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
169
Abstract Views
2,014
Rank
326,345
PlumX Metrics