Gable Lance, Meier Benjamin Mason
Wayne State University Law School, Detroit, MI, USA.
Department of Public Policy at University of North Carolina in Chapel Hill, NC, USA.
Health Hum Rights. 2013 Jun 14;15(1):E20-31.
The Framework Convention on Global Health (FCGH) represents an important idea for addressing the expanding array of governance challenges in global health. Proponents of the FCGH suggest that it could further the right to health through its incorporation of rights into national laws and policies, using litigation and community empowerment to advance rights claims and prominently establish the right to health as central to global health governance. Building on efforts to expand development and influence of the right to health through the implementation of the FCGH, in this article we find that human rights correspondingly holds promise in justifying the FCGH. By employing human rights as a means to develop and implement the FCGH, the existing and evolving frameworks of human rights can complement efforts to reform global health governance, with the FCGH and human rights serving as mutually reinforcing bases of norms and accountability in global health.
《全球健康框架公约》(FCGH)是应对全球健康领域日益增多的治理挑战的一项重要理念。FCGH的支持者认为,它可以通过将权利纳入国家法律和政策,利用诉讼和增强社区权能来推进权利主张,并将健康权作为全球健康治理的核心予以突出确立,从而促进健康权。在通过实施FCGH来扩大健康权的发展和影响的努力基础上,在本文中我们发现,人权相应地有望为FCGH提供正当理由。通过将人权作为制定和实施FCGH的手段,现有的和不断演变的人权框架可以补充全球健康治理改革的努力,FCGH和人权在全球健康领域作为规范和问责的相互强化基础发挥作用。