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Full-Text Articles in Human Rights Law
Comparative Pragmatism, Rachel Rebouché
Comparative Pragmatism, Rachel Rebouché
UF Law Faculty Publications
Although several commentators have previously suggested that the United States and Germany now share more commonalities than differences, this Article challenges the conventional wisdom by suggesting that the United States and Germany have moved in the opposite direction on a spectrum of available abortion services. In the United States, the constitutional right to an abortion is unrealizable for many women due to restrictive state and federal laws and the absence of providers in many areas. In Germany, by contrast, despite the country’s formal recognition of fetal rights, early abortion is widely available and often funded by the government. In short, …
On Disposable People And Human Well-Being: Health, Money And Power, Berta E. Hernández-Truyol
On Disposable People And Human Well-Being: Health, Money And Power, Berta E. Hernández-Truyol
UF Law Faculty Publications
The foundational premise of this essay is that health and well-being are human rights issues. My focus on this theme, specifically within the human rights paradigm, is new, passionate, and personal. On December 15, 2005, just three months before the conference that prompted the writing of this essay, I lost my partner of over 20 years. She fought a valiant, strong, and dignified fight against cancer--a journey I traveled with her. During that time I learned much about health systems and health care. Most saliently, notwithstanding the reality of the extraordinarily good care she ultimately received, I realized there is …
International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston P. Nagan
International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston P. Nagan
UF Law Faculty Publications
This Article examines the question of access to patented medicines in international law. It analyzes the extent to which international agreements may lawfully limit affordable versions of these medicines that may be available through parallel imports or compulsory licensing procedures. It considers the concept of intellectual property rights from a national and international perspective to determine how these rights must be sensitive to matters of national sovereignty when extraordinary, life-threatening diseases afflict societies in catastrophic ways. This Article suggests that viewing property (including intellectual property) as a human right requires that its scope be delimited and understood in the context …