Cargando…

Global constitutionalism, responsibility to protect, and extra-territorial obligations to realize the right to health: time to overcome the double standard (once again)

If human rights are “inalienable rights of all members of the human family”, as is enshrined in the Universal Declaration of Human Rights, then no government should be allowed to deny people of them. When some governments fail to realize them for the people under their jurisdiction, the internationa...

Descripción completa

Detalles Bibliográficos
Autores principales: Ooms, Gorik, Hammonds, Rachel
Formato: Online Artículo Texto
Lenguaje:English
Publicado: BioMed Central 2014
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4192532/
https://www.ncbi.nlm.nih.gov/pubmed/25928731
http://dx.doi.org/10.1186/s12939-014-0068-4
_version_ 1782338795782275072
author Ooms, Gorik
Hammonds, Rachel
author_facet Ooms, Gorik
Hammonds, Rachel
author_sort Ooms, Gorik
collection PubMed
description If human rights are “inalienable rights of all members of the human family”, as is enshrined in the Universal Declaration of Human Rights, then no government should be allowed to deny people of them. When some governments fail to realize them for the people under their jurisdiction, the international community has a responsibility to step in. This extra-territorial effect of human rights was not included in the original conception of human rights. It is of recent date, and, in practice, limited to interventions to end severe violations of civil and political human rights. For economic, social and cultural human rights, extra-territorial obligations are still contested. In this paper, we elaborate three contentions: first, that the realization of social human rights requires the acceptance of and compliance with extra-territorial obligations; second, that compliance with extra-territorial obligations would help transform the international assistance paradigm from charity into legal obligation; and third, that for global constitutionalism to succeed in improving the fairness of the international legal order requires acceptance of the indivisibility of human rights.
format Online
Article
Text
id pubmed-4192532
institution National Center for Biotechnology Information
language English
publishDate 2014
publisher BioMed Central
record_format MEDLINE/PubMed
spelling pubmed-41925322014-10-11 Global constitutionalism, responsibility to protect, and extra-territorial obligations to realize the right to health: time to overcome the double standard (once again) Ooms, Gorik Hammonds, Rachel Int J Equity Health Commentary If human rights are “inalienable rights of all members of the human family”, as is enshrined in the Universal Declaration of Human Rights, then no government should be allowed to deny people of them. When some governments fail to realize them for the people under their jurisdiction, the international community has a responsibility to step in. This extra-territorial effect of human rights was not included in the original conception of human rights. It is of recent date, and, in practice, limited to interventions to end severe violations of civil and political human rights. For economic, social and cultural human rights, extra-territorial obligations are still contested. In this paper, we elaborate three contentions: first, that the realization of social human rights requires the acceptance of and compliance with extra-territorial obligations; second, that compliance with extra-territorial obligations would help transform the international assistance paradigm from charity into legal obligation; and third, that for global constitutionalism to succeed in improving the fairness of the international legal order requires acceptance of the indivisibility of human rights. BioMed Central 2014-10-10 /pmc/articles/PMC4192532/ /pubmed/25928731 http://dx.doi.org/10.1186/s12939-014-0068-4 Text en © Ooms and Hammonds; licensee BioMed Central Ltd. 2014 This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly credited. The Creative Commons Public Domain Dedication waiver (http://creativecommons.org/publicdomain/zero/1.0/) applies to the data made available in this article, unless otherwise stated.
spellingShingle Commentary
Ooms, Gorik
Hammonds, Rachel
Global constitutionalism, responsibility to protect, and extra-territorial obligations to realize the right to health: time to overcome the double standard (once again)
title Global constitutionalism, responsibility to protect, and extra-territorial obligations to realize the right to health: time to overcome the double standard (once again)
title_full Global constitutionalism, responsibility to protect, and extra-territorial obligations to realize the right to health: time to overcome the double standard (once again)
title_fullStr Global constitutionalism, responsibility to protect, and extra-territorial obligations to realize the right to health: time to overcome the double standard (once again)
title_full_unstemmed Global constitutionalism, responsibility to protect, and extra-territorial obligations to realize the right to health: time to overcome the double standard (once again)
title_short Global constitutionalism, responsibility to protect, and extra-territorial obligations to realize the right to health: time to overcome the double standard (once again)
title_sort global constitutionalism, responsibility to protect, and extra-territorial obligations to realize the right to health: time to overcome the double standard (once again)
topic Commentary
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4192532/
https://www.ncbi.nlm.nih.gov/pubmed/25928731
http://dx.doi.org/10.1186/s12939-014-0068-4
work_keys_str_mv AT oomsgorik globalconstitutionalismresponsibilitytoprotectandextraterritorialobligationstorealizetherighttohealthtimetoovercomethedoublestandardonceagain
AT hammondsrachel globalconstitutionalismresponsibilitytoprotectandextraterritorialobligationstorealizetherighttohealthtimetoovercomethedoublestandardonceagain