A Long and Winding Road: The Evolution of Applying Human Rights Frameworks to Health

49 Pages Posted: 14 Jan 2021

See all articles by Alicia Ely Yamin

Alicia Ely Yamin

Harvard University - Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics; Harvard University - Harvard Law School; Partners in Health; Chr. Michelsen Institute (CMI) - Center on Law and Social Transformation

Andrés Constantin

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

Date Written: November 14, 2018

Abstract

Over twenty years after it began to take shape, the “health and human rights field” is a misnomer; it is not one field, but many. The application of human rights frameworks to health has been a critical part of the expansion of human rights to social and economic policies and in demonstrating the porousness and arbitrariness of divides between the public and private spheres. The interaction between health and human rights fields has advanced the re-interpretation of legal norms in light of gendered and other experiences and encouraged the establishment of institutional frameworks and procedures at national and international levels. Despite extraordinary successes, however, the utility of human rights faces new challenges: gaining and maintaining normative and social legitimacy, meaningfully disrupting economic inequalities that ravage global health, and navigating the complex move from constitutional and other legal norms to effective enjoyment in practice.

Suggested Citation

Yamin, Alicia Ely and Constantin, Andrés, A Long and Winding Road: The Evolution of Applying Human Rights Frameworks to Health (November 14, 2018). Georgetown Journal of International Law, Vol. 49, 191-237 (2018), Available at SSRN: https://ssrn.com/abstract=3730605

Alicia Ely Yamin

Harvard University - Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics ( email )

23 Everett Street
Cambridge, MA 02155
United States

Harvard University - Harvard Law School ( email )

1563 Massachusetts Avenue
Cambridge, MA 02138
United States

Partners in Health ( email )

641 Huntington Ave, 1st Floor
Boston, MA 02115
United States

Chr. Michelsen Institute (CMI) - Center on Law and Social Transformation ( email )

PO Box 6033 Postterminalen
Bergen, NO-5892
Norway

Andrés Constantin (Contact Author)

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

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

HOME PAGE: http://https://www.law.georgetown.edu/faculty/andres-constantin/

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