Law and Health Digest—Issue 2012(1)

 

Featuring joint work with the Public Health Program’s Access to Essential Medicines Initiative, Accountability and Monitoring in Health Initiative, Campaign to Stop Torture in Health Care, Global Health Financing Initiative, International Harm Reduction Development Program, and International Palliative Care Initiative, and Sexual Health and Rights Project, as well as OSF’s Human Rights and Governance Grants Program (HRGGP) and numerous national and regional foundations.

For more information, please visit http://www.soros.org/initiatives/health/focus/law/news

 

In This Issue:

 

Objective 1: Advancing the Health and Human Rights Framework by Applying it to New Issues and Priority Regions

 

Georgia Practitioner Guide on Human Rights in Patient Care Launched

 

On September 9, 2011 the Open Society Georgia Foundation (OSGF) hosted a launch of the Georgia Human Rights in Patient Care Practitioner Guide. The Guide, supported by LAHI and OSGF, provides a practical tool for lawyers in taking human rights in patient care cases. It addresses the rights and responsibilities of both patients and health care providers and includes relevant constitutional provisions, conventions, laws, bylaws, and cases. The Practitioner Guide was designed as a resource for both litigation and training. Although targeted at lawyers, the Guide may additionally be of interest to doctors, public health professionals, health managers, and patients who are interested in better understanding of patients’ and providers’ rights and responsibilities and the available mechanisms for their enforcement.

 

The launch brought together representatives from the Georgian government, NGOs working in health care and the human rights field, international organizations, lawyers, and the media. The Practitioner Guide was distributed in hard copy and on CD in both Georgian and English and is also available at www.healthrights.ge. Since health care law and regulations are constantly evolving, the electronic version of the Guide will be regularly updated at this site. For additional information, please contact Nina Kiknadze at nkiknadze@osgf.ge or Mariam Gavtadze at healthrights@gyla.ge.

 

LAHI, Open Society Georgia Foundation Launch Initiative on Alternative Dispute Resolution

 

Despite a strong legal framework for protecting human rights in patient care in Georgia, dissatisfaction by patients and conflicts between patients and providers remain a pervasive problem, as in many countries in the region. This is in part due to the absence of an effective and easily accessible system of alternative conflict resolution. To complement the Practitioner Guide initiative in Georgia, LAHI and the Open Society Georgia Foundation (OSGF) are supporting the Georgian Coalition for Human Rights in Health Care (HRH Coalition) to develop the most appropriate model of alternative dispute resolution in the field of health care of Georgia. The project will study various models of mediation from other fields and jurisdictions and adjust them to the needs and context of the country, particularly to the needs of the most vulnerable groups who are a priority for the PHP. The project will combine desk research, qualitative research methods such as key informant interviews and focus group discussions, and study tours to elaborate a set of recommendations for presentation to the key stakeholders of the field. The projects implementer, the HRH Coalition, was created in 2008 with the support of OSGF, LAHI and the PHP’s Health Media Initiative, with the aim of creating a national entity to lead the process of advocacy, promotion and protection of human rights in health care through implementation and further development of international human rights standards. The HRH Coalition was established by eight Georgian NGOs that had previously undertaken several successful projects related to the promotion of fundamental freedoms and human rights in various health-related fields. For more information, please contact Nina Kiknadze at nkiknadze@osgf.ge.

 

Faculty Workshop on Human Rights in Patient Care

 

In October 2011, LAHI and Soros Foundation Kyrgyzstan held a workshop for faculty of the law and health courses from Kazakhstan and Kyrgyzstan to strengthen the human rights component of these courses and interactive teaching methodology. Faculty shared with each other innovations in themes, resources, and methods in teaching human rights in patient care. Additionally, faculty learned about palliative care and human rights, the health and human rights concerns of injecting drug users and sex workers, and the Campaign to Stop Torture in Health Care. They also had the opportunity to design and role play their own human rights in patient care case studies. Materials from the workshop can be found on the Community of Practice for faculty at http://cop.health-rights.org/teaching/153. For additional information, please contact Tamar Ezer at tezer@sorosny.org or Zulaika Esentaeva at zesentaeva@soros.kg.

 

Update on Human Rights and the Global Fund

 

In the previous issue of LAHI Digest, we reported that the Board of the Global Fund to Fight AIDS, Tuberculosis and Malaria had acknowledged the first draft of the Fund’s 2012-2016 Strategy, which included Human Rights and Equitable Access as one of five strategic objectives. Since then, advocacy to increase the Fund’s attention to human rights has seen both victories and setbacks. At its November 2011 meeting, the Fund’s Board formally adopted an ambitious and forward-looking Strategy that contains a dedicated strategic objective on human rights, committing to integrating human rights considerations throughout the grant cycle, increasing investments in programs that address human rights-related barriers to access, and ensuring that the Global Fund does not support programs that infringe human rights. However, at the same meeting, the board revealed a massive funding shortfall that compelled them to cancel the Fund’s next round of grants and reduce eligibility in order to maintain the essential services it was currently supporting. As our colleague Shannon Kowalski subsequently blogged (http://blog.soros.org/2011/12/we-could-end-aids-but-will-we/), “At precisely the moment we've realized how to curb HIV, donors have left the Global Fund treading water, struggling to keep funding flowing to preserve the lives of those who are already on treatment.” The UNAIDS Reference Group on HIV and Human Rights issued a statement calling the reduction or failure to honor pledged support to the Global Fund by donors “an abrogation of legally grounded human rights obligations.” The fate of human rights in the Global Fund is now at a crossroads. Will the Fund redouble its efforts to protect human rights as way of protecting its remaining investments in health services? Will it recognize human rights programming as an essential service to maintain during the funding crisis? Will it approach its own funding crisis as the human rights issue it is? These and other questions related to the operationalization of the Fund’s human rights objective must remain high on the agenda as the Fund intensifies its efforts to mobilize financial resources for the three diseases. For more information, please contact Shannon Kowalski at skowalski@sorosny.org.

 

Experience Sharing on Palliative Care Rights

 

In September 2011, at a conference for Russian nurses, LAHI consultant Judy Overall presented on the LAHI Practitioner Guide (PG) Initiative, the development of a series of manuals on taking human rights in patient care cases in Armenia, Georgia, Kazakhstan, Kyrgyzstan, Macedonia, Moldova, Russia, and Ukraine. Judy focused her remarks on a comparative analysis of protections for the “Right to Avoid Unnecessary Suffering and Pain” from the various countries. Yulia Gorshokova, the international and Russia web coordinator for the PG project, presented the international website (http://health-rights.org) and an overview of materials available on the Community of Practice. Anna Kryukova, head of the Open Medical Club and Russia PG host, highlighted the Russia PG website. Iryna Senyuta, head of the All-Ukrainian Foundation of Medical Law and Bioethics and Ukraine PG host, discussed regulation of palliative care rights in Ukraine and shared the Ukraine PG website. For additional information, please contact Judy Overall at joverall10@aol.com.

 

 

Objective 2: Developing Individual and Organizational Leadership in the Field of Health and Human Rights

 

Lawyering on the Margins Convening Held in Copenhagen, Denmark

 

At the end of November 2011, 26 lawyers from across the world gathered in Copenhagen, Denmark, for a unique seminar. “Lawyering on the Margins,” a joint project of the Law and Health Initiative (LAHI), the Sexual Health and Rights Project (SHARP) and the International Harm Reduction Development Program (IHRD), brought together lawyers working with people who use drugs, sex workers, and lesbian, gay, bisexual and transgender people. The seminar included sessions on human rights, law, and marginalized communities; working in hostile environments; avoiding burnout and working with difficult clients, lawyers and advocates; on using strategic litigation to advance the rights of marginalized groups; as well as on the marginalization the lawyers themselves experience within their legal communities. The gathering provided a forum for professional development and peer support that is much-needed but lacking in the participants’ everyday work. It created opportunities to discuss strategies for advancing access to justice for those on the margins of society.

 

Copenhagen was chosen as the meeting location to provide the opportunity to learn about the innovative work of the Street Lawyers, an organization that does outreach lawyering to drug users (for more information, please visit the blog written by Tatyana Margolin at http://blog.soros.org/2010/10/what-we-can-all-learn-from-danish-street-lawyers). As part of the seminar, the participants also visited a heroin treatment center and the Danish Institute for Human Rights. In response to the participants’ feedback, LAHI, SHARP and IHRD are planning to hold a follow-up meeting in late 2012. For more information, please contact David Scamell at dscamell@sorosny.org or Tatyana Margolin at tmargolin@sorosny.org.

 

Strasbourg Study Tour Held for LAHI Fellows and Grantees

 

In November, LAHI grantees and Practitioner Guide Fellows participated in a Study Tour in Strasbourg, France to learn about the European human rights system. They visited the Council of Europe, the overarching European body focused on advancing human rights, democracy, and the rule of law; the European Court of Human Rights; the European Committee of Social Rights; and the European Committee of Ministers, charged with enforcement of judgments. The European Court of human rights focuses on civil and political rights and examines health and human rights concerns through the lens of the rights to life, liberty and security of person, private and family life, non-discrimination, and freedom from torture and inhuman and degrading treatment. Past cases have explored issues such as detention conditions, access to care and medical records, physical disability and mental health, drug use, reproductive health, transgender health, and assisted suicide. The European Committee of Social Rights monitors country realization of both the right to health and the right to social and medical assistance through a review of periodic country reports. Since 1998, it further rules on collective complaints addressing the 14 member states who have agreed to be bound by this authority. A highlight of the visit was a talk by a Macedonian Judge from the European Court of Human Rights, who shared insights from her experience, as well as reforms underway to ensure the Court functions more efficiently in the future. For additional information, please contact Tamar Ezer at tezer@sorosny.org or Kirsten Ruch at kruch@sorosny.org.

 

Developing Leadership in the HIV and Human Rights Sector in Southern Africa

 

Leadership, management and governance are distinct yet related components of organizational development in any sector. As part of the multi-year Core Grants Initiative (CGI), which supports six HIV and human rights organizations in Southern Africa, LAHI and OSISA convened a workshop in December 2012 on leadership, management and governance for executive directors, senior staff and selected board members of the six participating grantees. The workshop explored leadership from three perspectives: the self, the organization, and the sector. The lessons imparted at the workshop included: the impact of different leadership styles on organizational culture; the difference between leadership and management; the concept of “leadership from within”; and the diverse ways in which organizations in the sector are engaging their boards. Some highlights of the workshop included one-on-one coaching sessions with an executive coach, a panel of noted leaders from the region who reflect on their personal journeys, and a lively discussion amongst board members of five different organizations. Participants kept leadership journals throughout the workshop and have been offered the opportunity to sustain and deepen what they learned through further coaching, peer-to-peer activities during the year, and continued one-on-one capacity development with the CGI’s lead consultant, Tamara Braam. For more information, please contact Amelia Motsepe at ameliam@osisa.org or Shari Turitz at sturitz@sorosny.org.

 

 

Objective 3: Piloting Innovative Access to Justice Tools as Health-re­lated Human Rights Interventions

 

Association of Harm Reduction Lawyers Launched in Ukraine

 

In November 2011, following its inaugural meeting in Crimea, Ukraine,  the All-Ukrainian Association of Harm Reduction Lawyers was established to unite lawyers from around Ukraine who will work in their respective regions to provide legal aid to drug users, and to serve as a platform for them to periodically come together to share best practices. The network will also help lawyers throughout the year to receive feedback or advice from one another, as well as facilitate client referrals. The network is co-funded by LAHI, PHP’s International Harm Reduction Development Program, and the International Renaissance Foundation. For more information, please contact Tatyana Margolin at tmargolin@sorosny.org.

 

Premier Legal Aid Website Partners with Leading Human Rights Association “AGORA” for More Effective Assistance to Drug Users

 

Hand-help.ru, a Russia-based legal aid consultations website that is jointly funded by the LAHI, PHP’s International Harm Reduction Development Program, and the OSF Russia Project, has teamed up with the Russian NGO “AGORA,” an inter-regional network of human rights groups. The partnership will increase the impact of the website by enabling its clients with drug-related offenses to be referred to lawyers identified by AGORA for in-person consultations in several Russian cities. Cases with high strategic litigation potential will be chosen for these in-person consultations, while the website will continue providing online answers to the rest of the clients. The website can be accessed at www.hand-help.ru (in Russian). For more information, please contact Tatyana Margolin at tmargolin@sorosny.org.

 

 

Objective 4: Advocate for Rights-based Legal Environments that Support the Health of Marginalized Groups

 

Right to Inherit Victory for Women in Malawi

 

In November 2011, Women in Law in Law in Southern Africa (WLSA)-Malawi celebrated success after over a decade of advocacy. The Malawi Parliament finally recognized that women have the right to inherit from the marital estate. In the past, widows and their children were often left with nothing after in-laws took possession of their homes and valuables. Women’s economic disempowerment is particularly problematic in the shadow of AIDS. Not only has AIDS magnified suffering from discriminatory inheritance laws, but women’s economic dependence on men makes it difficult for women to control relationships, protect themselves from HIV infection, and seek treatment. To address these concerns, WLSA Malawi joined forces with Federation of Women Lawyers (FIDA)-Kenya to found WIN (Women’s Inheritance Now!). This network (http://winafrica.org) of legal practitioners and human rights activists from Eastern and Southern Africa, supported by LAHI, Open Society Initiative for Southern Africa, and Open Society Initiative for Eastern Africa, works to advance women’s property rights in the context of HIV and AIDS through joint advocacy and the sharing of information, experiences, and strategies. For additional information, please see http://blog.soros.org/2011/11/victory-for-women-in-malawi or contact Tamar Ezer at tezer@sorosny.org.

 

Expert Consultation on Monitoring for Health in Pretrial Detention Held in Vienna, Austria

 

Under the auspices of the Global Campaign for Pretrial Justice The Global Campaign for Pretrial Justice promotes a comprehensive approach to reduce and rationalize the use of pretrial detention around the world and thereby ameliorate the many negative consequences of detention. The excessive use of pretrial detention magnifies the dangers of overcrowding, inadequate health services, lack of access to long-term treatment and care, and the spread of infectious diseases such as HIV and tuberculosis. Injection drug users are particularly vulnerable to health risks of pretrial detention, where they are likely to suffer from painful withdrawal, which is often used as a tool to coerce testimony. Those who were receiving HIV or opioid substitution treatment are likely to experience prolonged interruptions, LAHI, PHP’s International Harm Reduction Development Program, and Open Society Justice Initiative held an Expert Consultation in October 2011, in Vienna, Austria to develop a monitoring tool for illnesses and health risks of people in pretrial detention, with a particular focus on harm reduction. The monitoring tool meeting was a hands-on workshop that brought together experts in the fields of communicable diseases, harm reduction, prison health, torture, and prison administration to develop a monitoring tool specific to the health needs of people in pretrial detention. This tool will pay particular attention to the needs and problems of pretrial detainees who are injection drug users. The aim is to pilot-test the resulting tool in three sites within the next year (Ukraine, Russia, and Armenia), review the results to validate the monitoring tool, and release the tool for broad use. For more information, please contact Tatyana Margolin at tmargolin@sorosny.org.

 

Materials on Forced Sterilization and Human Rights Launched

 

In many parts of the world, women rely on access to a range of methods to control their fertility, including voluntary sterilization. However, too often, sterilization is not a choice. Women across the globe are forced and coerced by medical personnel to submit to unwanted, permanent and irreversible sterilization procedures. Despite condemnation from the United Nations, cases of forced and coerced sterilization have been reported in North and South America, Africa, Asia, and Europe. Women who are poor or stigmatized are most likely to be deemed “unworthy” of reproduction. Perpetrators are seldom held accountable and victims rarely obtain justice for this violent abuse of their rights. Forced and coerced sterilizations are grave violations of human rights and medical ethics and can be described as acts of torture and cruel, inhuman, and degrading treatment. Forcefully ending a woman’s reproductive capacity may lead to extreme social isolation, family discord or abandonment, fear of medical professionals, and lifelong grief. To address this alarming trend, the Forced Sterilization Working Group of the Campaign to Stop Torture in Health Care (www.stoptortureinhealthcare.org), co-chaired by LAHI Senior Program Officer, Tamar Ezer, has produced two publications to draw attention to this abuse and to provide guidance to advocates and policy makers on how to ensure that fully informed consent is obtained before any sterilization procedure.

Against Her Will: Forced and Coerced Sterilization of Women Worldwide provides an overview of the global problem of forced sterilization. Sterilization of Women with Disabilities: A Briefing Paper delves deeper into the specific considerations that must be taken into account when considering sterilization of women or girls with disabilities. Both publications are available at http://www.stoptortureinhealthcare.org/forced-sterilization. For additional information, please contact Tamar Ezer at tezer@sorosny.org or Lydia Guterman at lguterman@sorosny.org.

 

Lesotho Constitutional Court to Hear Chieftainship Succession Case

 

On February 22, 2012 the Lesotho Constitutional Court heard a case challenging section 10 of the Chieftainship Act of 1968, which denies women the opportunity to succeed to chieftainship. The Applicant, Senate Masupha, is the first-born child of a chief and has been denied the chieftainship solely on the basis of her gender. The Southern Africa Litigation Centre has intervened in the matter as amicus curiae, arguing that section 10 violates fundamental constitutional protections, including the right to be free from discrimination; right to equality; and the right to participate in public affairs. SALC further argued that section 10 violates Lesotho’s regional and international legal obligations. The Court addressed various procedural issues and scheduled a hearing on the substantive issues for early May 2012. For further information, please contact Priti Patel at pritip@salc.org.za.

 

 

2011 in Review

 

LAHI Concludes Final Year of First Strategy

 

Our 2011 round-up of LAHI funding highlights the final year of implementation of LAHI’s first (2006-2010) strategic plan with our five original priorities. In total, LAHI supported over $2.7 million worth of health and human rights projects in 2011, not including significant co-funding by other parts of the PHP and OSF. Among the many highlights were:

A more detailed account of LAHI’s achievements and challenges in 2012 can be found in our annual Activity Plan submitted to PHP senior management. Thank you to all of our partners for another great year of collaboration and for making LAHI’s first Strategic Plan such a successful learning experience!

 

 

Announcements

 

LAHI is pleased to introduce Alex Parker who joined LAHI on February 6th as the Temporary Administrative Assistant for the duration of Olga Baraulia’s upcoming maternity leave. Alex will work on the administrative support functions with Kirsten Ruch who will take over many of Olga’s core responsibilities until June 2012. Alex graduated from Appalachian State University with a B.A. in International Business and Francophone Studies. He recently completed a full time internship with Amnesty International USA, where he worked in operations and development as the Planned Giving intern and assisted the development team with various administrative, fundraising and event planning efforts. Prior to that, Alex worked for two years as a community organizer and event planner with the Office of International Education and Development at Appalachian State University. He focused on scholarship fundraising, organizing local grassroots campaigns, and funding international development efforts.