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11. Tools for Change: Applying United Nations standards to secure women’s housing, land, and property rights in the context of HIV

Publication Date:
10-2012
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Developed by the United Nations Development Programme and Open Society Foundations, Tools for Change is an easy-to-use resource for advocates working on women’s housing, land, and property rights in the context of HIV. It brings together relevant international human rights documents and highlights core concepts, rights, and means of enforcement, providing examples of successful advocacy from around the world. Moreover, it draws on the voices of women worldwide to explain these rights and their uses in practical terms. This manual was originally conceived during a strategic meeting on property and inheritance rights as they relate to HIV, held during the 2009 United Nations Commission on the Status of Women, where organizations gathered from around the world. It emerged from the realization that through hard work, advocates have managed to get a number of UN instruments to include protection for women’s housing, land, and property rights, and member states have pledged to abide by them. However, many advocates at the national level do not even know of these international instruments, even though they might be helpful in their work, particularly as governments may not be meeting their international human rights obligations. Advocates need a better understanding of international human rights and government obligations in order to ensure government accountability and advance women’s housing, land, and property rights. This manual seeks to empower advocates working in the context of HIV by making the relevant United Nations standards and interpretations clear and accessible—to make them "tools for change."
Topic:
HIV/AIDS, United Nations, Women, Land, Housing, and Equality
Political Geography:
Global Focus

12. Mapping Digital Media: Online Media and Defamation

Author:
Toby Mendel
Publication Date:
04-2011
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The internet is fantastically enabling for the news media, creating previously unimagined possibilities in terms of distribution, audience interaction, and archiving. But it also presents new threats, such as in the area of defamation law, already a significant problem for many media outlets. This paper assesses these problems against international guarantees of freedom of expression and comparative national practice, through both law and self-regulation, highlighting solutions that are more protective of free expression, as well as those that are not. It also probes new ideas such as greater reliance on the right of reply—which the internet enables—and the notion that some spaces on the Internet should be protected against any defamation liability.
Topic:
Communications, Law, Regulation, Media, News Analysis, and Digital Policy
Political Geography:
Global Focus

13. Government Accountability for Torture and Ill-Treatment in Health Settings

Publication Date:
05-2011
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The absolute prohibition under human rights law of all forms of torture and cruel, inhuman, and degrading treatment is commonly applied to prisons and pretrial detention centers. However this prohibition also applies to places such as schools, hospitals, orphanages, and social care institutions—places where coercion, power dynamics, and practices occurring outside the purview of law or justice systems can contribute to the infliction of unjustified and severe pain and suffering on marginalized people. This briefing paper focuses on torture and ill-treatment in health settings, including hospitals, clinics, hospices, people’s homes, or anywhere health care is delivered. It focuses on government accountability for placing health providers and patients in unacceptable situations whereby torture and ill-treatment is neither documented, prevented, punished, nor redressed. People who are perceived as “deviant” by authorities, who pose a “nuisance” to health providers, who lack the power to complain or assert their rights, or who are associated with stigmatized or criminalized behaviors may be especially at risk of torture in health care.
Topic:
Health, Human Rights, International Law, Torture, Law, Health Care Policy, and Marginalization
Political Geography:
Global Focus

14. Sterilization of Women and Girls with Disabilities

Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
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 with disabilities are particularly vulnerable to forced sterilizations performed under the auspices of legitimate medical care. The practice of forced sterilization is part of a broader pattern of denial of the human rights of women and girls with disabilities. This denial also includes systematic exclusion from comprehensive reproductive and sexual health care, limited voluntary contraceptive choices, a focus on menstrual suppression, poorly-managed pregnancy and birth, involuntary abortion, and the denial of rights to parenting. These practices are framed within traditional social attitudes that characterize disability as a personal tragedy or a matter for medical management and rehabilitation. The difficulty some women with disabilities may have in understanding or communicating what was done to them increases their vulnerability to forced sterilization. A further aggravating factor is the widespread practice of legal guardians or others making life-altering decisions for persons with disabilities, including consenting to sterilization on their behalf. This briefing paper, produced as part of the Campaign to Stop Torture in Health Care, outlines various international human rights standards that prohibit forced sterilization. It also offers several recommendations for improving laws, policies, and professional guidelines governing sterilization practices.
Topic:
Torture, Law, Health Care Policy, Women, Disability, Sexual Violence, Medicine, Sexual Health, and Girls
Political Geography:
Global Focus

15. Treatment or Torture? Applying International Human Rights Standards to Drug Detention Centers

Publication Date:
06-2011
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
People identified as drug users in many countries are confined to abusive locked detention centers for months or even years. Such detention centers are supposedly mandated to treat and "rehabilitate" drug users, but the "treatment" they receive in some cases amounts to torture or other cruel, inhuman, and degrading punishment. In Treatment or Torture? Applying International Human Rights Standards to Drug Detention Centers, legal experts review common forms of abuse in drug detention centers and show how these practices in many cases are in violation of basic human rights treaties widely ratified by most nations worldwide. International health and drug-control agencies—including the UN Office on Drugs and Crime, UNAIDS, and the World Health Organization—all endorse comprehensive, evidence-based drug dependence treatment services. Yet drug detention centers rarely provide treatment that meets these standards. Depending on the country, so-called rehabilitation consists of a regime of military drills, forced labor, psychological and moral re-education, and shackling, caning, and beating. Treatment or Torture? comes in advance of the International Day against Drug Abuse and Illicit Trafficking and the International Day in Support of Victims of Torture—both on June 26, 2011. The report was published by the Campaign to Stop Torture in Health Care, a coalition led by the Open Society Foundations, and featured legal analysis by Human Rights Watch, Harm Reduction International, and the Canadian HIV/AIDS Legal Network.
Topic:
Health, Human Rights, International Law, War on Drugs, Health Care Policy, Criminal Justice, Drugs, and Public Health
Political Geography:
Global Focus

16. The Role of Human Rights in Ensuring Universal Access to HIV Testing and Counselling

Publication Date:
10-2009
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Recent years have seen a significant expansion of HIV testing and counselling, a necessary pre-condition for achieving the goal of universal access to comprehensive HIV/AIDS prevention, treatment, care, and support. However, HIV testing and counselling is not implemented fully and correctly unless human rights approaches are integrated into all aspects of its delivery. This includes not only respect for the "three C's" of pre-test information or counselling and post-test counselling, informed and voluntary consent to testing, and confidentiality of test results, but also ensuring an enabling environment that protects people from discrimination, violence, abandonment, ostracism, and other potential negative consequences of a positive test result. On October 12-13, the Open Society Public Health Program, the Secretariat of the Joint United Nations Programme on HIV/AIDS (UNAIDS Secretariat), and the World Health Organization cosponsored the meeting, “The Role of Human Rights in Ensuring Universal Access to HIV Testing and Counselling." The purpose of the meeting was to bridge the gap between international guidance on HIV testing and counselling and the implementation of this guidance. The meeting participants represented a wide variety of constituencies, including people living with and affected by HIV, implementers of HIV testing programs, donors and representatives of multilateral agencies, researchers, and human rights advocates. They sought to reach a consensus on concrete strategies and specific activities to overcome two types of barriers to ensuring human rights in the practice of HIV testing and counselling: political/systemic barriers and technical barriers.
Topic:
HIV/AIDS, Health, Human Rights, Health Care Policy, Multilateralism, Advocacy, and Public Health
Political Geography:
Global Focus

17. At What Cost? HIV and Human Rights Consequences of the Global "War on Drugs"

Publication Date:
03-2009
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
A decade after governments worldwide pledged to achieve a "drug-free world," there is little evidence that the supply or demand of illicit drugs has been reduced. Instead, aggressive drug control policies have led to increased incarceration for minor offenses, human rights violations, and disease. This book examines the descent of the global war on drugs into a war on people who use drugs. From Puerto Rico to Phnom Penh, Manipur to Moscow, the scars of this war are carried on the bodies and minds of drug users, their families, and the health and service providers who work with them.
Topic:
Health, War on Drugs, and Drugs
Political Geography:
Global Focus

18. Closed to Reason: The International Narcotics Board and HIV/AIDS

Publication Date:
02-2007
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
In this report on the International Narcotics Control Board—a secretive UN-funded body responsible for monitoring compliance with the UN drug conventions—Daniel Wolfe, OSI International Harm Reduction Development Deputy Director, and Joanne Csete, Executive Director of the Canadian HIV/AIDS Legal Network, detail the ways in which the Board rejects scientific evidence and expert legal analyses, praises governments that violate human rights, and stresses drug control at the expense of public health, blocking evidence-based efforts to address the epidemic of HIV among injecting drug users. Closed to Reason offers recommendations to increase the Board's accountability and transparency and to make it an effective part of the international response to HIV/AIDS.
Topic:
HIV/AIDS, Health, United Nations, Narcotics Trafficking, and Legal Sector
Political Geography:
Global Focus

19. Restoring American Leadership

Publication Date:
04-2005
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Cosponsored by the Open Society Foundations and the Security and Peace Institute (a joint program of the Center for American Progress and The Century Foundation), Restoring American Leadership: 13 Cooperative Steps to Advance Social Progress offers a starting point for restoring America's international alliances. The papers in the report, written by experts in 13 fields, recommend how President George W. Bush can make progress in areas where his personal commitment to action is needed and where global alliances can help strengthen the national security goals of the United States. Restoring American Leadership covers a wide range of topics, from international cooperation in the war on terror, to curbing proliferation of nuclear weapons, to advancing the rights of women across the globe. Each paper offers a specific set of recommendations for executive action by the president consistent with his stated values, as well as a brief overview of the administration's position on the issue to date.
Topic:
Foreign Policy, Diplomacy, International Cooperation, Leadership, and War on Terror
Political Geography:
United States and Global Focus