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Human Rights in Global Health Governance THE SCHOLARLY JOURNAL FOR THE NEW HEALTH SECURITY PARADIGM PEER REVIEWED, OPEN ACCESS JOURNAL ISSN 1939-2389 GLOBAL HEALTH GOVERNANCE IS AN OPEN ACCESS, PEER-REVIEWED, ONLINE JOURNAL THAT PROVIDES A PLATFORM FOR ACADEMICS AND PRACTITIONERS TO EXPLORE GLOBAL HEALTH ISSUES AND THEIR IMPLICATIONS FOR GOVERNANCE AND SECURITY AT NATIONAL AND INTERNATIONAL LEVELS. THE JOURNAL PROVIDES INTERDISCIPLINARY ANALYSES AND A VIGOROUS EXCHANGE OF PERSPECTIVES THAT ARE ESSENTIAL TO THE UNDERSTANDING OF THE NATURE OF GLOBAL HEALTH CHALLENGES AND THE STRATEGIES AIMED AT THEIR SOLUTION. THE JOURNAL IS PARTICULARLY INTERESTED IN ADDRESSING THE POLITICAL, ECONOMIC, SOCIAL, MILITARY AND STRATEGIC ASPECTS OF GLOBAL HEALTH ISSUES. PUBLISHER THE SCHOOL OF DIPLOMACY AND INTERNATIONAL RELATIONS, SETON HALL UNIVERSITY EDITOR YANZHONG HUANG SPECIAL GUEST EDITORS BENJAMIN MASON MEIER & LAWRENCE O. GOSTIN MANAGING EDITOR COURTNEY PAGE-TAN ASSOCIATE EDITORS ELIZAVETA HUTTENLOCHER CHARITY HUNG JENNA KARP JESSICA S KIERNAN GABRIELLA MELTZER JENNY DODSON MISTRY CAITLIN REID CECILIA ZVOSEC GLOBAL HEALTH GOVERNANCE, VOLUME XII, NO. 1 (SPRING 2018) HTTP://WWW.GHGJ.ORG THE SCHOLARLY JOURNAL FOR THE NEW HEALTH SECURITY PARADIGM PEER REVIEWED, OPEN ACCESS JOURNAL ISSN 1939-2389 EDITORIAL BOARD OBIJIOFOR AGINAM KERMIT JONES UNITED NATIONS UNIVERSITY HYMAN, PHELPS AND MCNAMARA, P.C. MELY CABALLERO-ANTHONY ADAM KAMRADT-SCOTT NANYANG TECHNOLOGICAL UNIVERSITY CENTRE FOR INTERNATIONAL SECURITY STUDIES, UNIVERSITY OF SYDNEY JOSHUA BUSBY UNIVERSITY OF TEXAS TIM K. MACKEY UNIVERSITY OF CALIFORNIA SAN DIEGO, JEAN-PAUL CHRETIEN SCHOOL OF MEDICINE US NAVY, DEPARTMENT OF DEFENSE/ARMED FORCES HEALTH ROBERT MARTEN SURVEILLANCE CENTER LSHTM SARA DAVIES SUERIE MOON QUEENSLAND UNIVERSITY OF TECHNOLOGY HARVARD KENNEDY SCHOOL SARA GORMAN PETER NAVARIO JANSSEN GLOBAL PUBLIC HEALTH NEW YORK UNIVERSITY’S COLLEGE OF GLOBAL PUBLIC HEALTH KAREN A. GRÉPIN WILFRID LAURIER UNIVERSITY ANDREW T. PRICE-SMITH THE COLORADO COLLEGE EDUARDO J. GOMEZ KING'S COLLEGE LONDON SIMON RUSHTON UNIVERSITY OF SHEFFIELD GIGI KWIK GRONVALL UNIVERSITY OF PITTSBURGH DEVI SRIDHAR THE UNIVERSITY OF EDINBURGH SUSAN HUBBARD JAPAN CENTER FOR INTERNATIONAL JOHN P. TUMAN EXCHANGE UNIVERSITY OF NEVADA YANZHONG HUANG JEREMY YOUDE SETON HALL UNIVERSITY AUSTRALIAN NATIONAL UNIVERSITY IN CANBERRA GLOBAL HEALTH GOVERNANCE, VOLUME XII, NO. 1 (SPRING 2018) HTTP://WWW.GHGJ.ORG VOLUME XII, NO. 1 SPRING 2018: SPECIAL ISSUE HUMAN RIGHTS IN GLOBAL HEALTH GOVERNANCE TABLE OF CONTENTS HUMAN RIGHTS IN GLOBAL HEALTH GOVERNANCE Benjamin Mason Meier, Hanna Huffstetler and Lawrence O. Gostin ............................ 4 TRANSFORMING THE WHO’S ROLE IN ADVANCING THE RIGHT TO HEALTH IN CONFLICT Leonard S. Rubenstein ....................................................................................................... 11 THE DEMAGOGIES OF ‘LACK’: THE WHO’S AMBIVALENCE TO THE RIGHT TO HEALTH OF LGBT PEOPLE Po-Han Lee .......................................................................................................................... 17 OPERATIONALIZING THE RIGHT TO HEALTH THROUGH THE PANDEMIC INFLUENZA PREPAREDNESS FRAMEWORK Mark Eccleston-Turner ...................................................................................................... 22 MONITORING INTERVENTIONS TO RESPOND TO SEXUAL VIOLENCE IN HUMANITARIAN CONTEXTS Sara Davis, Doris Schopper and Julia Epps ..................................................................... 34 PROMOTION AND PROTECTION OF THE RIGHT TO HEALTH BY THE OFFICE OF THE UN HIGH COMMISSIONER FOR HUMAN RIGHTS Gillian MacNaughton ......................................................................................................... 47 TRANSNATIONAL HUMAN RIGHTS ORGANIZING AND GLOBAL HEALTH GOVERNANCE, 1963-2013 Samantha Plummer, Jackie Smith and Melanie Hughes................................................. 62 WHAT HAVE RIGHTS GOT TO DO WITH IT? EVALUATING ‘HUMAN RIGHTS’ AS A PRACTICE WITHIN THE GLOBAL FUND Sharifah Sekalala and Toni Haastrup .............................................................................. 75 THE WORLD BANK AND THE RIGHT TO HEALTH: A STUDY OF THE INSTITUTION’S RIGHTS-BASED DISCOURSE Yusra Ribhi Shawar and Jennifer Prah Ruger ................................................................. 87 INTERNATIONAL HEALTH ASSISTANCE AND HUMAN RIGHTS IN ETHIOPIA Hiwote Fantahun ................................................................................................................ 108 WORLD BANK, HUMAN RIGHTS AND HEALTH: A COMMENTARY Desmond McNeill ................................................................................................................ 111 WHAT FUTURE FOR GLOBAL HEALTH GOVERNANCE AND THE RIGHT TO HEALTH IN THE ERA OF NEW GENERATION TRADE AND INVESTMENT AGREEMENTS? Meri Koivusalo and Katrina Perehudoff ........................................................................... 116 GLOBAL HEALTH GOVERNANCE, VOLUME XII, NO. 1 (SPRING 2018) HTTP://WWW.GHGJ.ORG Human Rights in Global Health Governance Benjamin Mason Meier, Hanna Huffstetler and Lawrence O. Gostin INTRODUCTION Human rights frame global health governance. In codifying a normative foundation for global governance in the aftermath of World War II, states came together under the auspices of an emergent United Nations (UN) to develop human rights under international law.1 Human rights law, establishing international norms to advance global justice, has thereby become a universally accepted framework for global health,2 and the past seventy years have witnessed an evolution of international human rights law to define the highest attainable standard of health.3 Conceptualizing health disparities as rights violations, these health- related human rights offer universal standards to frame government responsibilities for the progressive realization of health and facilitate legal accountability for health policy.4 Where globalizing forces have created an imperative for global governance institutions to meet an expanding set of global health challenges, human rights have come to guide institutions of global health governance.5 As rights-based approaches have become fundamental to global health governance, the proliferation of global governance institutions has warranted a wider sharing of human rights responsibilities for health beyond the UN human rights system.6 Institutions of global governance are not only seen as instrumental to the development of international human rights law but also as essential to assuring the implementation of rights-based obligations in a rapidly globalizing world.7 Over the past twenty-five years, the UN has sought to formalize these human rights implementation responsibilities across the entire global governance system. Translating international law into organizational action, global governance institutions seek to “mainstream” human rights across their policies, programs, and practices.8 To understand the ways in which human rights are realized in global health, this Special Issue of Global Health Governance examines the role of global health governance institutions in structuring the implementation of human rights for public health. THEMATIC CONTENT OF THE SPECIAL ISSUE The diverse scholarship highlighted in this Special Issue identifies the rights-based actions of global health institutions and analyzes facilitating and inhibiting factors for human rights mainstreaming in global health governance. Rather than looking only to the language of human rights in institutional documents, these articles seek to assess how institutional policies, programs, and practices support or limit human rights advancement for public health promotion. Where institutions of global health governance face challenges in mainstreaming human rights through institutional actions, multi-sectoral approaches, coordination, and collaborations across institutions and stakeholders are discussed as ways to facilitate the implementation of health-related human rights. To explore these aspects of human rights mainstreaming, the articles in this Special Issue address critical questions across key themes that define global governance for health. Operationalizing Human Rights in Global Health through the World Health Organization First among these themes is the role of the World Health Organization (WHO) in operationalizing human rights for global health. Although WHO once had unrivaled GLOBAL HEALTH GOVERNANCE, VOLUME XII, NO. 1 (SPRING 2018) HTTP://WWW.GHGJ.ORG MEIER, HUFFSTETLER & GOSTIN, HUMAN RIGHTS IN GLOBAL HEALTH GOVERNANCE 5 leadership over global health, the contributions to this Special Issue highlight the lack of a contemporary institutional leader to coordinate rights-based global initiatives to prevent disease and promote health. In this shifting global health landscape, contributing authors analyze WHO’s contemporary efforts to reassert health-related human rights for vulnerable populations through its multilateral policy platform and international normative guidance. In a commentary on WHO’s role in advancing the right to healthcare in conflict, Leonard Rubenstein discusses WHO’s failure to address attacks on healthcare workers and facilities. Rubenstein suggests that while WHO’s “broad view of the scope of healthcare protection is consistent with the right to health,” the organization does not frame its work in accordance with human rights criteria. Although the WHO Executive Board voted to pass a resolution on WHO’s role in humanitarian emergencies, internal confusion and capacity
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