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HHr Health and Human Rights Journal HHR_final_logo_alone.indd 1 10/19/15 10:53 AM Health and Human Rights Journal JUNE 2018, VOLUME 20, NUMBER 1 special sections Neglected Tropical Diseases and Human Rights Judicial Enforcement of Health Rights: Focus on Latin America Publisher Harvard University Press Editor-in-Chief Paul Farmer Guest Editors – Neglected Tropical Diseases and Human Rights Joseph J. Amon David G. Addiss Guest Editors – Judicial Enforcement of Health Rights: Focus on Latin America Octavio Luiz Motta Ferraz Alicia Ely Yamin Executive Editor Carmel Williams Senior Editor Jessica Moore Kaplan Copy Editors Morgan Stoffregen Jessica Moore Kaplan Contributing Editor Arlan Fuller Designer Catlin Rockman ABOUT THE JOURNAL MASTHEAD Health and Human Rights Journal began publication in 1994 under Publisher Editorial Board the editorship of Jonathan Mann, who was succeeded in 1997 by Sofia Harvard University Press Philip Alston Gruskin. Paul Farmer, co-founder of Partners In Health, assumed Agnès Binagwaho Editor-in-Chief the editorship in 2007. Health and Human Rights Journal is an open Manuel Carballo access online publication and a leading forum of debate on global Paul E. Farmer Brian E. Concannon Jr. health and rights concerns. The journal maintains a tradition of critical Executive Editor Lawrence Cox scholarship and also provides an inclusive forum for action-oriented Carmel Williams Ernest Drucker dialogue among human rights practitioners, with peer-reviewed articles Harvey Fineberg focusing rigorous scholarly analysis on the conceptual foundations and Senior Editor Julio Frenk challenges of rights discourse and action in relation to health. Jessica Moore Kaplan H. Jack Geiger Lawrence Gostin* Health and Human Rights Journal is listed in PubMed, the database of Contributing Editor Sofia Gruskin the National Library of Medicine. Arlan Fuller Timothy Harding Executive Editorial Board Aart Hendriks PUBLICATION POLICY Cathy Albisa Paul Hunt Jacqueline Bhabha Michael D. Kirby Health and Human Rights Journal welcomes unsolicited manuscripts Adetokunbo O. Lucas on an ongoing basis. Submissions should not exceed 7000 words, Oscar Cabrera Audrey Chapman* Rakiya Omaar while submissions to the Perspectives section should not exceed 2000 Richard Parker words. Book reviews and Letters to the Editor are also welcome. More Martha Davis Sheila Davis* Thomas Pogge information on submissions is available at http://www.hhrjournal.org/ Julieta Rossi submissions. Linda Fried Varun Gauri Barbara Rylko-Bauer Howard Hu* Margaret L. Satterthwaite Please submit manuscripts through the website or by email to Haun Saussy [email protected]. Author guidelines are available Jennifer Leaning Emmanuel Kabengele Mpinga* Michael Selgelid on the Health and Human Rights website (http://www.hhrjournal.org). Amartya Sen Views expressed in the journal are those of the authors and do not Chidi Odinkalu Jacqueline Pitanguy Gracelyn Smallwood necessarily reflect the views of the publisher, editors, editorial board Margaret A. Somerville members, or other members. Eric Stover* Alicia Ely Yamin Henry J. Steiner Bryan Stevenson COPYRIGHT POLICY Daniel Tarantola Health and Human Rights Journal applies the Creative Commons *An asterisk denotes members of the Monika Kalra Varma Attribution-Noncommercial 3.0 Unported License to all articles, Harvard FXB Health and Human Rights Gavin Yamey with the philosophy that there should be no financial barriers to Publishing Consortium (see below) access information. The Attribution-Noncommercial license (http:// Founding Editor creativecommons.org/licenses/by-nc/3.0/) lets people freely copy, Jonathan Mann, 1994–1998 distribute, remix, and build upon contributors’ work, provided it is not used to make a profit and the original authors and Health and Human HHR CONSORTIUM MEMBERS Rights Journal are appropriately acknowledged. These conditions can be waived if author, as copyright holder, grants potential users explicit HHR’s open access policy is made possible through the generous sup- permission. Copyrighted material may be included in articles provided port of Harvard University Press, The FXB Center for Health and Hu- authors provide proof of written permission for such use from the man Rights, and our institutional consortium members. These include: copyright holder. • Partners in Health, Boston OPEN ACCESS POLICY • Dalla Lana School of Public Health, University of Toronto • Mailman School, Columbia University, New York Health and Human Rights Journal does not charge authors article • Institute of Global Health, Faculty of Medicine, Geneva University processing fees unless authors can utilize an institutional open access • O’Neill Institute for National and Global Health Law, Georgetown publishing grant. Many institutions and research facilities have funding University, Washington, D.C. grants available to support publication in open access journals. If • UNAIDS, Geneva authors cannot access OA grants, article processing fees are waived by HHR. Authors are asked whether they can pay this fee only after a EDITORIAL OFFICE paper is accepted for publication, and inability to pay will not impact publication. When authors are able to use open access funds the article Health and Human Rights Journal processing fee is US$2,000. François-Xavier Bagnoud Center for Health and Human Rights Harvard School of Public Health BACK ISSUES 651 Huntington Avenue, 7th Floor Boston, MA 02115, USA As an open access publication, the Health and Human Rights Journal is not Tel: (1) 617.432.0656 available by subscription. All content is available free of charge at www. Fax: (1) 617.432.4310 hhrjournal.org, including back issues since Volume 1, Number 1 (1994). Website: http://www.hhrjournal.org Back issues are also available through JSTOR, the not-for-profit online Email: [email protected] digital archive. Users at institutions that participate in JSTOR’s Arts & Sciences Complement Collection can access back issues directly by visiting the Health and Human Rights Journal information page at JSTOR. For more information on JSTOR, please visit http://www.jstor.org. Health and Human Rights Journal (online) issn 2150–4113 Table of Contents SPECIAL SECTION ON NEGLECTED SPECIAL SECTION ON JUDICIAL TROPICAL DISEASES AND HUMAN ENFORCEMENT OF HEALTH RIGHTS: RIGHTS FOCUS ON LATIN AMERICA In collaboration with Helen Keller International, In collaboration with the O’Neill Institute, USA and with financial support from Children’s Georgetown University, Washington DC, USA Investment Fund Foundation, London, UK editorial foreword 67 Health in the Courts of Latin America 1 Embodying Law and Embedding Public Octávio Luiz Motta Ferraz Health with the Voices of Those Affected: Ending NTDs by 2030 79 Revisiting Health Rights Litigation and Alice Cruz Access to Medications in Costa Rica: Preliminary Evidence from the Cochrane Editorial Collaboration Reform 5 “Equipping Practitioners”: Linking Neglected Olman Rodríguez Loaiza, Sigrid Morales, Ole Tropical Diseases and Human Rights Frithjof Norheim, and Bruce M. Wilson Joseph J. Amon and David G. Addiss 93 How the Uruguayan Judiciary Shapes Access 11 Addressing Inequity: Neglected Tropical to High-Priced Medicines: A Critique Diseases and Human Rights through the Right to Health Lens Nina Sun and Joseph J. Amon Lucía Berro Pizzarossa, Katrina Perehudoff, and José Castela Forte 27 Emotional Difficulties and Experiences of Stigma among Persons with Lymphatic 107 Can Judges Ration with Compassion? A Filariasis in Plateau State, Nigeria Priority-Setting Rights Matrix Jibril Abdulmalik, Emeka Nwefoh, James Christopher Newdick Obindo, Samuel Dakwak, Motunrayo Ayobola, John Umaru, Elisha Samuel, Christopher 121 Evolving the Right to Health: Rethinking Ogoshi, and Julian Eaton the Normative Response to Problems of Judicialization 41 Building Trust through Lymphatic Filariasis Keith Syrett Elimination: A Platform to Address Social Exclusion and Human Rights in the 133 Realizing the Fundamental Right to Health Dominican Republic through Litigation: The Colombian Case Hunter Keys, Manuel Gonzales, Madsen Beau Aquiles Ignacio Arrieta-Gómez De Rochars, Stephen Blount, and Gregory S. Noland 147 Individual Healthcare Litigation in Brazil through a Different Lens: Strengthening 53 A Human Right to Shoes? Establishing Rights Health Technology Assessment and New and Duties in the Prevention and Treatment Models of Healthcare Governance of Podoconiosis Danielle da Costa Leite Borges Arianne Shahvisi, Enguday Meskele, and Gail Davey 163 Expanding the Debate: Citizen Participation 259 Case Study: Degree of Integration of for the Implementation of the Right to Health Disability Rights Into Allied Health in Brazil Professional Education Regiane Garcia Claire Bowley, Ann-Mason Furmage, Kanchan Marcus, and Stephanie D. Short 173 Challenges in Priority Setting from a Legal Perspective in Brazil, Costa Rica, Chile, and 273 Inequitable Physical Illness and Premature Mexico Mortality for People with Severe Mental Sofía Charvel, Fernanda Cobo, Silvana Larrea, Illness in Australia: A Social Analysis and Juliana Baglietto Melanie Edmunds 185 Access to Justice in Health Matters: 283 Cultural Rights and First Nations Health Care An Analysis Based on the Monitoring in Canada Mechanisms of the Inter-American System Stephen Wilmot Laura Pautassi perspective 295 Adolescent Rights and the “First 1,000 days” GENERAL PAPERS Global Nutrition Movement: A View from Guatemala 199 A Comparison of Health Achievements in David Flood,
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