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Sur 6 Portugues 8 Papers in English, Portuguese and Spanish may be Sur – Human Rights University Network, a Conectas Human Rights submitted at any time to the Editorial Board for project, was created in 2002 with the mission of establishing closer links consideration. To obtain information on the among human rights academics and of promoting greater cooperation Journal’s criteria for publication, please go to: between them and the United Nations. The network has now over 180 www.surjournal.org. associates from 40 countries, including professors, members of international organizations and UN officials. Artigos em português, inglês e espanhol podem ser Sur aims at strengthening and deepening collaboration among academics 8 a qualquer momento submetidos ao Conselho in human rights, increasing their participation and voice before UN international journal Editorial da Revista para avaliação. Para obter agencies, international organizations and universities. In this context, the on human rights informações gerais sobre a formatação dos artigos, network has created Sur - International Journal on Human Rights, with por favor acesse: www.revistasur.org. the objective of consolidating a channel of communication and promotion of innovative research. The Journal intends to add another perspective to Artículos en inglés, portugués y español pueden ser this debate that considers the singularity of Southern Hemisphere sometidos a consideración del Consejo Editorial de countries. la revista en cualquier momento. Para más información sobre el formato de los artículos, por Sur - International Journal on Human Rights is a biannual academic Martín Abregú This journal is available online in English, favor visitar: www.revistasur.org. publication, edited in English, Portuguese and Spanish, and also available Human rights for all: from the struggle against authoritarianism Portuguese and Spanish at in electronic format. to the construction of an all-inclusive democracy - A view from the www.surjournal.org. English Year 5 • Number 8 Southern Cone and Andean region Esta revista está disponível em inglês, June 2008 www.surjournal.org Amita Dhanda português e espanhol no site English Edition Constructing a new human rights lexicon: Convention on www.revistasur.org. the Rights of Persons with Disabilities Esta revista está disponible en inglés, Laura Davis Matta portugués y español en el sitio de Internet Legal recognition of sexual rights – a comparative analysis www.revistasur.org. with reproductive rights international journal on human rights human on journal international James L. Cavallaro and Stephanie Erin Brewer The virtue of following: the role of Inter-American litigation in campaigns for social justice RIGHT TO HEALTH AND ACCESS TO MEDICAMENTS Paul Hunt and Rajat Khosla This Journal was produced in partnership with: The human right to medicines Thomas Pogge Medicines for the world: boosting innovation without obstructing free access Jorge Contesse and Domingo Lovera Parmo We gratefully acknowledge the financial support of: Access to medical treatment for people living with HIV/AIDS: success without victory in Chile Gabriela Costa Chaves, Marcela Fogaça Vieira and Renata Reis Access to medicines and intellectual property in Brazil: reflections and strategies of civil society ISSN 1806-6445 SUR - INTERNATIONAL JOURNAL ON HUMAN RIGHTS is SUR - HUMAN RIGHTS UNIVERSITY NETWORK is a biannual journal published in English, Portuguese and a network of academics working together with the Spanish by Sur - Human Rights University Network. mission to strengthen the voice of universities in the It is available on the Internet at <http://www.surjournal.org> South on human rights and social justice, and to create stronger cooperation between them, civil society organizations and the United Nations. Conectas Human SUR - International Journal on Human Rights is listed in the Rights, a not-for-profit organization founded in Brazil, International Bibliography of the Social Sciences (IBSS). is home to Sur. (See website <www.conectas.org> and portal <www.conectasur.org>. To access the online version of EDITORIAL BOARD the journal, please go to: <www.surjournal.org>.) Christof Heyns University of Pretoria (South Africa) ADVISORY BOARD Emilio García Méndez Alejandro M. Garro University of Buenos Aires (Argentina) Columbia University (United States) Fifi Benaboud Antonio Carlos Gomes da Costa North-South Centre of the Council of Europe (Portugal) Modus Faciendi (Brazil) Fiona Macaulay Bernardo Sorj Bradford University (United Kingdom) Federal University of Rio de Janeiro / Edelstein Center (Brazil) Bertrand Badie Flavia Piovesan Sciences-Po (France) Pontifical Catholic University of São Paulo (Brazil) Cosmas Gitta J. Paul Martin UNDP (United States) Columbia University (United States) Daniel Mato Kwame Karikari Central University of Venezuela (Venezuela) University of Ghana (Ghana) Ellen Chapnick Columbia University (United States) Mustapha Kamel Al-Sayyed Ernesto Garzon Valdes Cairo University (Egypt) University of Mainz (Germany) Richard Pierre Claude Fateh Azzam University of Maryland (United States) Regional Representative, Office of the High Commissioner for Roberto Garretón Human Rights (Lebanon) Former-UN Officer of the High Commissioner for Human Rights (Chile) Guy Haarscher Université Libre de Bruxelles (Belgium) Jeremy Sarkin EDITORS University of the Western Cape (South Africa) Pedro Paulo Poppovic João Batista Costa Saraiva Oscar Vilhena Vieira Regional Jurisdiction for Children and Adolescents of Santo Ângelo/RS (Brazil) José Reinaldo de Lima Lopes MANAGING EDITORS University of São Paulo (Brazil) Daniela Ikawa Juan Amaya Castro Juana Kweitel University for Peace (Costa Rica) Lucia Dammert FLACSO (Chile) EDITING Luigi Ferrajoli Daniela Ikawa University of Rome (Italy) Luiz Eduardo Wanderley GRAPHIC DESIGN Pontifical Catholic University of São Paulo (Brazil) Malak El Chichini Poppovic Oz Design Conectas Human Rights (Brazil) Maria Filomena Gregori ART EDITING University of Campinas (Brazil) Alex Furini Maria Hermínia Tavares Almeida University of São Paulo (Brazil) Miguel Cillero CONTRIBUTORS University Diego Portales (Chile) Catharina Nakashima, Christian Barry, David Alvarez, Fred Mudar Kassis Hasselquist, Kevin Outterson, Leah Tandeter, Luara Ferracioli and Birzeit University (Palestine) Marcela Vieira Paul Chevigny New York University (United States) Philip Alston CIRCULATION New York University (United States) Catharina Nakashima Roberto Cuéllar M. Inter-American Institute of Human Rights (Costa Rica) Roger Raupp Rios PRINTING Federal University of Rio Grande do Sul (Brazil) Prol Editora Gráfica Ltda. Shepard Forman New York University (United States) Victor Abramovich SUBSCRIPTION AND CONTACT University of Buenos Aires (UBA) Sur – Human Rights University Network Victor Topanou Rua Pamplona, 1197 - Casa 4 São Paulo/SP - Brasil - National University of Benin (Benin) CEP: 01405-030 Tel.: (5511) 3884-7440 - Fax (5511) 3884-1122 Vinodh Jaichand E-mail: <[email protected]> Irish Centre for Human Rights, National University of Ireland (Ireland) Internet: <http://www.surjournal.org> The financial assistance of the Ford Foundation, the United Nations Democracy Fund and the United Nations are gratefully acknowledged. CONTENTS MARTÍN ABREGÚ 7 Human rights for all: from the struggle against authoritarianism to the construction of an all-inclusive democracy - a view from the Southern Cone and Andean region AMITA DHANDA 43 Constructing a new human rights lexicon: Convention on the Rights of Persons with Disabilities LAURA DAVIS MATTAR 61 Legal recognition of sexual rights – a comparative analysis with reproductive rights JAMES L. CAVALLARO and 85 The virtue of following: the role of Inter-American litigation STEPHANIE ERIN BREWER in campaigns for social justice Right to health and access to medicaments PAUL HUNT and 99 The human right to medicines RAJAT KHOSLA THOMAS POGGE 117 Medicines for the world: boosting innovation without obstructing free access JORGE CONTESSE and 143 Access to medical treatment for people living with HIV/AIDS: DOMINGO LOVERA PARMO success without victory in Chile GABRIELA COSTA CHAVES, 163 Access to medicines and intellectual property in Brazil: MARCELA FOGAÇA VIEIRA and reflections and strategies of civil society RENATA REIS Annex A Annex - Human Rights Centers PRESENTATION ■ ■ ■ With the aim of seeking out different perspectives and dealing with subjects of a specialized nature, Conectas Human Rights has been creating partnerships with non-governmental human rights organizations in diverse parts of the world. In this issue of Sur – International Human Rights Journal, which is principally focused on access to medicines, a new cooperative partnership was formed with the Brazilian Interdisciplinary AIDS Association – ABIA. Founded in 1987, it is the mission of ABIA to promote access to treatment and assistance to persons living with HIV and AIDS. Along these lines, ABIA has been monitoring public policies and developing projects regarding education, prevention, and access to information about HIV/AIDS. ABIA has also been coordinating the Working Group on Intellectual Property of the Brazilian Network for the Integration of Peoples – GTPI – REBRIP, in order to enrich and enlarge the debate over the harmful impacts of the rigid rules regarding intellectual property in the area of access to essential medicines, in addition to contributing to the construction of alternatives to the present model. This eighth issue of the Sur Journal is divided
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