The right to health of the child : an analytical exploration of the international normative framework / Sarah Ida Spronk-van der Meer.
2014
K639 .S69 2014 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Title
The right to health of the child : an analytical exploration of the international normative framework / Sarah Ida Spronk-van der Meer.
Published
Cambridge, United Kingdom ; Antwerp ; Portland [Oregon] : Intersentia, [2014]
Copyright
©2014
Call Number
K639 .S69 2014
ISBN
9781780682723 (paperback)
1780682727 (paperback)
1780682727 (paperback)
Language Note
English text with English and Dutch summaries.
Description
xix, 345 pages ; 24 cm
System Control No.
(OCoLC)896875235
Summary
This book addresses the question how the implementation process influences the interpretation of 'the highest attainable standard of health of the child' as laid down in article 24 of the Convention on the Rights of the Child. The author seeks to clarify the international normative framework on the right to health of the child. It does so by looking at the international children's rights framework, international health and human rights law, and relevant legislation in the European region, covering both European Union legislation and human rights law of the Council of Europe, including the Guidelines on Child-Friendly Healthcare. Also, the interpretation of the right to health by the UN Committee on the Rights of the Child is analyzed for 35 countries of different levels of development. On the basis of these sources, priorities are identified that should be realized to achieve the highest attainable standard of health of the child. This results in a definition of the highest attainable standard of health of the child that takes into account the varying capabilities of individual children and which considers children as active rights-holders, notwithstanding their age or level of development. -- Publisher's website.
Note
Originally presented as a doctoral thesis, Leiden University, 2014.
Bibliography, etc. Note
Includes bibliographical references (pages 301-333).
Other Fomats Issued
Original dissertation on the Internet at the Leiden University Repository (http://hdl.handle.net/1887/29842); text is under embargo until November 27, 2016.
Available in Other Form
Right to health of the child (OCoLC)896875438
Record Appears in
Table of Contents
Acknowledgements
vii
List of Abbreviations
xvii
I.
Introduction
1
1.1.
Introduction
1
1.2.
Problem statement and research questions
4
1.2.1.
Research question
8
1.3.
Methodology
10
1.3.1.
Theoretical framework: the capability approach
10
1.3.2.
Relating the capability approach to the highest attainable standard of health
12
1.3.3.
Research methodology
14
1.4.
Definition of health
15
1.4.1.
Relevance of a definition of health
15
1.4.2.
In search of a definition of health
16
1.5.
Health as a right
22
1.6.
Focus on the provision of primary health care
26
1.7.
Children and vulnerability
29
1.7.1.
Definition of the child
29
1.7.2.
Definition of vulnerability
32
1.7.3.
Empowerment
36
1.8.
Outline of the PhD study
37
II.
The Right to Health of the Child in the Children's Rights Convention
39
2.1.
Introduction
39
2.2.
Historical development of the right to health of the child in the CRC
40
2.3.
Key elements of the right to health of the child in the CRC
43
2.3.1.
Substance of article 24 CRC
43
2.3.2.
Provisions on implementation of article 24 CRC
47
2.4.
The right to health and its relation to other CRC articles
49
2.4.1.
Article 2: The right to non-discrimination
49
2.4.1.1.
Forbidden ground for discrimination
51
2.4.1.2.
Violation of the right to health
52
2.4.1.3.
Protection of a certain interest
53
2.4.2.
Article 3: The best interests of the child
56
2.4.3.
Article 6: The right to life, survival and development
59
2.4.4.
Article 12: The right of the child to be heard
62
2.4.5.
The dilemma between protection and children's autonomy
66
2.4.6.
Articles 5 & 18: The role of the parents in ensuring their children's health
69
2.4.7.
Articles 26 & 27: Social security and an adequate standard of living
73
2.4.8.
Partial conclusion
78
2.5.
Interpretation of the child's right ,to health in the General Comments
80
2.5.1.
General Comment 3: HIV/AIDS and the rights of the child
80
2.5.2.
General Comment 4: Adolescent health and development
81
2.5.3.
General Comment 7: Children's rights in early childhood
83
2.5.4.
General Comment 9: The rights of children with disabilities
85
2.5.5.
General Comment 11: Indigenous children and their rights under the Convention
87
2.5.6.
General Comment 12: The right of the child to be heard
87
2.5.7.
General Comment 13: The right of the child to freedom of all forms of violence
89
2.5.8.
The newly adopted General Comment 15 on children's right to health
92
2.5.8.1.
Holistic approach to health
93
2.5.8.2.
Active involvement of all stakeholders
93
2.5.8.3.
Primary health care
95
2.5.8.4.
Reduction of infant and child mortality
97
2.5.9.
Concluding observations on the General Comments
97
2.6.
The basic principles of medical ethics from a children's rights perspective
99
2.7.
Conclusion
103
2.7.1.
Priorities in interpreting the right to the health of the child
103
2.7.2.
Responsible actors
105
III.
Children's Right to Health in the Recommendations of the Committee on the Rights of the Child in the Concluding Observations on the Country Reports
107
3.1.
Introduction
107
3.2.
The reporting procedure on basic health and welfare in the Country Reports
109
3.3.
Research method
114
3.4.
Results I: Explanation of children's right to have access to health care in the Concluding Observations of the CRC Committee
117
3.4.1.
Access as a prerequisite for realizing the highest attainable standard of health
117
3.4.2.
Access to health care for vulnerable children
118
3.5.
Results II: Systematically recurring recommendations on the right of the child to the highest attainable standard of health in the Concluding Observations
122
3.5.1.
Lack of data in developing and developed countries
122
3.5.2.
Budget allocation for the implementation of economic, social and cultural rights
124
3.5.3.
Training on children's rights for professionals in the health sector
127
3.5.4.
Birth registration as a prerequisite for social security and access to health care
130
3.5.4.1.
Recommendations for countries categories in groups II-IV
131
3.5.5.
Standard of living
131
3.5.6.
Primary health care infrastructure
133
3.5.7.
Children affected by armed conflict
134
3.5.8.
Emerging themes
136
3.6.
Results III: Different standards for the implementation of children's right to health for countries with different levels of human development?
138
3.6.1.
Implementation of the right to health of the child in different circumstances and regions
138
3.6.2.
Access to health care for children in developing and developed countries
139
3.6.3.
Priorities set for developing and for developed countries
141
3.7.
Conclusion and recommendations
142
3.7.1.
Identified priorities in interpreting the right to the highest attainable standard of health
142
3.7.2.
Relating the CRC framework to the Concluding Observations of the Committee
144
3.7.3.
Recommendations to the CRC Committee
146
IV.
The Right to Health of the Child in International Health and Human Rights Law: Adding a Human Voice?
151
4.1.
Introduction
151
4.2.
An analysis of the key sources on children's right to health in international health law
152
4.2.1.
The right to health in the UDHR, ICESCR, WHO Constitution
152
4.2.2.
The right to health of the child in international health law
155
4.3.
Key features of the right to health of the child in international health law
160
4.3.1.
Availability
163
4.3.2.
Accessibility
164
4.3.2.1.
No de lure and de facto discrimination
164
4.3.2.2.
Economic accessibility
165
4.3.2.3.
Physical accessibility
169
4.3.2.4.
Information accessibility
169
4.3.2.5.
Organizational accessibility
170
4.3.3.
Acceptability
170
4.3.4.
Quality
171
4.4.
Patient involvement as a key constituent element of the right to health
173
4.5.
A synthesis
177
4.6.
Key features of a health system for children based on the right to health
179
4.7.
Conclusion
184
V.
Regional Interpretations of the Right to Health of the Child: a Focus on Europe
187
5.1.
Introduction
187
5.2.
Universalism in a local context
188
5.2.1.
Universalism and the right to health of the child
190
5.3.
Children's right to health in Europe
193
5.3.1.
The right to health of the child in the European Union
193
5.3.2.
The EU strategy on the rights of the child in Europe
196
5.3.3.
The WHO strategy on the rights of the child in Europe
198
5.3.4.
The role of children in ensuring the highest attainable standard of health of the child in the European Union
199
5.3.5.
The role of families in ensuring the highest attainable standard of health of the child
202
5.3.6.
The role of medical professionals
203
5.4.
The interpretation of the right to health of the child by the Council of Europe
204
5.4.1.
Interpretation of the right to health of the child in the European Social Charter
204
5.4.2.
The Biomedical Convention
207
5.4.3.
Key health issues in the Recommendations of the Council of Europe
208
5.4.4.
The European Convention on Human Rights
211
5.5.
Child-friendly health care: a step forward?
212
5.5.1.
The guidelines on child-friendly healthcare: a focus on children and their families
212
5.5.2.
Key elements of child-friendly health care
215
5.5.3.
Practical relevance of the guidelines
217
5.5.4.
The Charter of the European Association on Children's Rights
220
5.5.5.
Relation between the EACH Charter and the Guidelines on Child-Friendly Health Care
225
5.6.
Conclusion
226
5.6.1.
The margin of appreciation on children's right to health in Europe
226
5.6.2.
Focus on prevention of health problems
227
5.6.3.
Child-centred health care
228
5.6.4.
Family friendly health care
228
5.6.5.
Empowerment
229
5.6.6.
Discussion
230
VI.
Realizing the Right to Health of the Child
231
6.1.
Introduction
231
6.2.
Children's right to health and the social reality in which children live
232
6.3.
The role of the state in realizing the right to health of children
237
6.3.1.
The right to health of children: realizing economic, social, cultural rights
237
6.3.2.
Available resources
238
6.3.3.
Appropriate measures
243
6.3.3.1.
Within a reasonable time
244
6.3.3.2.
Reasonable program
246
6.3.4.
Justiciability of children's right to health in domestic courts
249
6.3.4.1.
Application of the right to health in Dutch domestic law cases
250
6.3.4.2.
Judicial and quasi-judicial decision-making
252
6.3.5.
International cooperation for ensuring the right to health of the child
255
6.4.
Responsibilities for non-state actors to contribute to realizing the right to the highest attainable standard of health of the child
258
6.4.1.
The involvement of children in the medical process
259
6.4.2.
The responsibilities of parents
262
6.4.3.
The role of medical professionals in realizing children's right to health
265
6.5.
Optional Protocol III to the CRC on a communications procedure for children
267
6.5.1.
Drafting history
270
6.5.2.
Exhaustion of national remedies
273
6.5.3.
Children's rights in Optional Protocol III: room for participation?
274
6.6.
Conclusion: how can the highest attainable standard of health of the child, i.e. child-centred health-care be realized?
279
VII.
Conclusions
283
7.1.
Priorities set to achieve the highest attainable standard of health of the child
284
7.1.1.
Priorities set in the children's rights domain
284
7.1.2.
Priorities set in international health and human rights law
288
7.1.3.
Priorities set in European human rights law
290
7.1.4.
The highest attainable st4ndard of health is a moving target
291
7.2.
Realizing the right to the highest attainable standard of health
292
7.2.1.
Children as rights-holders: empowerment
293
7.2.2.
The role of the State in realizing the right to health of the child
294
7.2.2.1.
Effective remedies
296
7.2.2.2.
International cooperation
297
7.2.3.
Actors responsible in the process of implementation
298
7.2.3.1.
Parents
298
7.2.3.2.
Medical professionals
298
7.3.
Children's right to health: a living reality
299
References
301
Curriculum vitae
335
Summary
337
Samenvatting
341