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1. Transforming Health: International Rights-Based Advocacy for Trans Health

Publication Date:
02-2013
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Trans people across the world face substantial barriers to adequate health and health care. They are targets of discrimination and violence, are at greater risk of contracting HIV, and experience a higher incidence of mental health problems like depression. They face discrimination from health care providers, a lack of doctors trained to address their needs, and the refusal of many national health systems and insurance providers to cover their care. Yet trans communities are building alliances to promote trans health and to fight for policies that respect gender diversity and human rights. This report profiles projects from 16 organizations in twelve countries that address these barriers. These projects offered general health services as well as those related to gender transition, trained health care providers to respond to the needs and concerns of trans patients, conducted public education campaigns about discrimination against trans people, advocated for legal and medical policy changes, and organized trans communities to empower themselves. Collecting insights from these projects, Transforming Health makes recommendations to governments, rights advocates, health professionals and public health organizations, and health and rights donors.
Topic:
HIV/AIDS, Gender Issues, Health, Discrimination, LGBT+, Public Health, Sexual Health, and Transgender
Political Geography:
Global Focus

2. Twenty Mechanisms for Addressing Torture in Health Care

Author:
Jonathan Cohen and Tamar Ezer
Publication Date:
06-2012
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Health care settings should be places where human rights are realized. Yet, across the world, health systems often serve as venues of punishment, coercion, and violations of basic human rights, sometimes amounting to torture or cruel, inhuman, and degrading treatment. This abuse is especially prevalent in the care of socially marginalized groups—people living with HIV, ethnic minorities, sexual and gender minorities, people who use drugs, and people with intellectual disabilities or mental health problems. There are many national, regional, and international mechanisms designed to promote government accountability and prevent torture and cruel, inhuman, and degrading treatment, yet these mechanisms are rarely applied to health facilities. This manual describes 20 anti-torture mechanisms from the United Nations and African, European, and Inter-American human rights systems and provides illustrative examples on how to use these mechanisms to fight torture in health settings. For each mechanism, the manual explores mandate, procedure, possibilities for engagement, and prior work on torture in health care. The manual also includes a glossary of basic human rights terms. This manual is designed as a resource for organizations that advocate against abuse in health care—including international, regional, and national human rights organizations; groups focused on particular health care abuses; anti-torture groups; and the treaty bodies themselves.
Topic:
HIV/AIDS, Health, Torture, United Nations, Minorities, and Health Care Policy
Political Geography:
Africa, Europe, and Global Focus

3. Government Accountability for Torture and Ill-Treatment in Health Settings

Publication Date:
05-2011
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The absolute prohibition under human rights law of all forms of torture and cruel, inhuman, and degrading treatment is commonly applied to prisons and pretrial detention centers. However this prohibition also applies to places such as schools, hospitals, orphanages, and social care institutions—places where coercion, power dynamics, and practices occurring outside the purview of law or justice systems can contribute to the infliction of unjustified and severe pain and suffering on marginalized people. This briefing paper focuses on torture and ill-treatment in health settings, including hospitals, clinics, hospices, people’s homes, or anywhere health care is delivered. It focuses on government accountability for placing health providers and patients in unacceptable situations whereby torture and ill-treatment is neither documented, prevented, punished, nor redressed. People who are perceived as “deviant” by authorities, who pose a “nuisance” to health providers, who lack the power to complain or assert their rights, or who are associated with stigmatized or criminalized behaviors may be especially at risk of torture in health care.
Topic:
Health, Human Rights, International Law, Torture, Law, Health Care Policy, and Marginalization
Political Geography:
Global Focus

4. Treatment or Torture? Applying International Human Rights Standards to Drug Detention Centers

Publication Date:
06-2011
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
People identified as drug users in many countries are confined to abusive locked detention centers for months or even years. Such detention centers are supposedly mandated to treat and "rehabilitate" drug users, but the "treatment" they receive in some cases amounts to torture or other cruel, inhuman, and degrading punishment. In Treatment or Torture? Applying International Human Rights Standards to Drug Detention Centers, legal experts review common forms of abuse in drug detention centers and show how these practices in many cases are in violation of basic human rights treaties widely ratified by most nations worldwide. International health and drug-control agencies—including the UN Office on Drugs and Crime, UNAIDS, and the World Health Organization—all endorse comprehensive, evidence-based drug dependence treatment services. Yet drug detention centers rarely provide treatment that meets these standards. Depending on the country, so-called rehabilitation consists of a regime of military drills, forced labor, psychological and moral re-education, and shackling, caning, and beating. Treatment or Torture? comes in advance of the International Day against Drug Abuse and Illicit Trafficking and the International Day in Support of Victims of Torture—both on June 26, 2011. The report was published by the Campaign to Stop Torture in Health Care, a coalition led by the Open Society Foundations, and featured legal analysis by Human Rights Watch, Harm Reduction International, and the Canadian HIV/AIDS Legal Network.
Topic:
Health, Human Rights, International Law, War on Drugs, Health Care Policy, Criminal Justice, Drugs, and Public Health
Political Geography:
Global Focus

5. The Role of Human Rights in Ensuring Universal Access to HIV Testing and Counselling

Publication Date:
10-2009
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Recent years have seen a significant expansion of HIV testing and counselling, a necessary pre-condition for achieving the goal of universal access to comprehensive HIV/AIDS prevention, treatment, care, and support. However, HIV testing and counselling is not implemented fully and correctly unless human rights approaches are integrated into all aspects of its delivery. This includes not only respect for the "three C's" of pre-test information or counselling and post-test counselling, informed and voluntary consent to testing, and confidentiality of test results, but also ensuring an enabling environment that protects people from discrimination, violence, abandonment, ostracism, and other potential negative consequences of a positive test result. On October 12-13, the Open Society Public Health Program, the Secretariat of the Joint United Nations Programme on HIV/AIDS (UNAIDS Secretariat), and the World Health Organization cosponsored the meeting, “The Role of Human Rights in Ensuring Universal Access to HIV Testing and Counselling." The purpose of the meeting was to bridge the gap between international guidance on HIV testing and counselling and the implementation of this guidance. The meeting participants represented a wide variety of constituencies, including people living with and affected by HIV, implementers of HIV testing programs, donors and representatives of multilateral agencies, researchers, and human rights advocates. They sought to reach a consensus on concrete strategies and specific activities to overcome two types of barriers to ensuring human rights in the practice of HIV testing and counselling: political/systemic barriers and technical barriers.
Topic:
HIV/AIDS, Health, Human Rights, Health Care Policy, Multilateralism, Advocacy, and Public Health
Political Geography:
Global Focus

6. At What Cost? HIV and Human Rights Consequences of the Global "War on Drugs"

Publication Date:
03-2009
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
A decade after governments worldwide pledged to achieve a "drug-free world," there is little evidence that the supply or demand of illicit drugs has been reduced. Instead, aggressive drug control policies have led to increased incarceration for minor offenses, human rights violations, and disease. This book examines the descent of the global war on drugs into a war on people who use drugs. From Puerto Rico to Phnom Penh, Manipur to Moscow, the scars of this war are carried on the bodies and minds of drug users, their families, and the health and service providers who work with them.
Topic:
Health, War on Drugs, and Drugs
Political Geography:
Global Focus

7. Closed to Reason: The International Narcotics Board and HIV/AIDS

Publication Date:
02-2007
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
In this report on the International Narcotics Control Board—a secretive UN-funded body responsible for monitoring compliance with the UN drug conventions—Daniel Wolfe, OSI International Harm Reduction Development Deputy Director, and Joanne Csete, Executive Director of the Canadian HIV/AIDS Legal Network, detail the ways in which the Board rejects scientific evidence and expert legal analyses, praises governments that violate human rights, and stresses drug control at the expense of public health, blocking evidence-based efforts to address the epidemic of HIV among injecting drug users. Closed to Reason offers recommendations to increase the Board's accountability and transparency and to make it an effective part of the international response to HIV/AIDS.
Topic:
HIV/AIDS, Health, United Nations, Narcotics Trafficking, and Legal Sector
Political Geography:
Global Focus