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The HIV PandemicLocal and Global Implications$
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Eduard J. Beck, Nicholas Mays, Alan W. Whiteside, and José M. Zuniga

Print publication date: 2007

Print ISBN-13: 9780199237401

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199237401.001.0001

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Legal and human rights implications

Legal and human rights implications

Chapter:
(p.134) Chapter 9 Legal and human rights implications
Source:
The HIV Pandemic
Author(s):

David Patterson

Lisa Forman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199237401.003.0009

Any discussion of the relationship of law to HIV and health systems must situate the national legal framework that regulates the provision of healthcare and services within the international legal and human rights framework by which all countries are bound. Domestic law is directly and indirectly influenced by international treaty and customary law, and there is no policy in the world that operates outside the parameters of international law. The international system is overseen by specialized treaty committees, which have given guidance on national obligations relating to HIV in both their general comments and when reviewing periodic country reports. This chapter discusses both the content and implications of international law for the provision of national HIV services. It considers the linkages between health and human rights; limitations on rights to protect public health; law and human rights on HIV-related health services in resource-poor countries; and international and domestic accountability mechanisms.

Keywords:   human rights, international law, limitations on rights, HIV-related health services, domestic accountability, resource-poor countries

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