Evaluation of the Functionality of the Networking of Sexual and Reproductive Health Rights Services in the Event of Gender-Based Violence in the Commune of Kpomasse in 2022

Introduction: In developing countries, gender-based violence (GBV) is a real public health problem. In Benin, GBV affects the majority of women and girls (69%). Benin has implemented strategies and set up integrated centers for the management of violence in order to reduce cases of violence and ensure the holistic management of victims. The objective of our study was to assess the functionality of the network of sexual and reproductive health rights (SRHR) in case of GBV in the commune of Kpomasse in 2022. Method: This descriptive and evaluative study was conducted from March 21 to April 11, 2022. The sampling method used was non-probabilistic. Reasoned choice and convenience were the techniques used for the different targets of the study. The functionality of the SRHR service network was assessed first by calculating scores at the structure, process and outcome levels, and then by analysis using the human rights-based approach. Results: Out of the 34 GBV victims identified, only one had received a full response and 54% of the victims had no knowledge of SRHR. The lack of knowledge about health care facilities was 41% for victims and 80% for non-victims in the community who participated in the study. In the case of gender-based violence, the community preferred to settle out of court rather than report it. The functionality of the networking of sexual and reproductive health rights services in the event of the occurrence of gender-based violence in the commune of Kpomassè is insufficient. Lack of knowledge of the roles of rights holders (DD) and duty bearers (DO) explains the insufficient functionality of networking. Conclusion: Training of SRHR service agents and community sensitization are essential to improve the functionality of SRHR service networking in the commune of Kpomasse.

The National Formation of the Right to Health:Taking Broadcast Gymnastics as an Example

Broadcast gymnastics,which was initiated in 1951,is one of the most widely adopted and popular mass sports activities in China,embodying the country's commitment to shaping the right to health of its citizens.The history and development of broadcast gymnastics are closely tied to the destiny of the nation,reflecting clear national will,and aiming to achieve the goal of“shaping new individuals”.The institutional forms of broadcast gymnastics can be categorized into three stages:“military simulation”,“administrative reinforcement”and“market competition”,each of which aligns with the objectives and needs of different periods.Taking the establishment and promotion of broadcast gymnastics in China as a focal point helps construct a doctrinal framework for the right to health.Based on the purposes and means of health shaping,the implementation of the right to health can be divided into four types:national health projects,citizens'health rights,the social health industry,and civic health consumption.National health projects,facilitated by legislative mechanisms,provide institutional support and supply for citizens'health rights.The right to health,as a social right,has both a subjective rights orientation and an objective value order orientation,thus establishing the individual's subject status in terms of their right to health.Its defense aspect is oriented toward rejecting excessive state intervention,while the benefit aspect directly links to the state's payment measures.The boundaries of state power also need to be defined in the social health industry and civic health consumption.Hence,developing broadcast gymnastics involves adjusting its relationship with the overall objectives of the state and individual citizens'needs.It involves balancing the use of administrative and market methods,continually innovating sports programs that better suit diverse needs,and actively participating in the competition of the fitness market.

Thoughts on the Protection of the Right to Health of Elderly Women from the Perspective of Human Rights

The right to health is an important right in the human rights system.The full realization of the right to health is particularly important for ensuring the dignity and senior years of older women.In the process of China’s economic and social development,the protection of the right to health of older women faces certain dilemma.China has the duty and responsibility to respect,protect and realize the right to health of older women.The country should actively fulfill its obligations and make continuous efforts to improve the protection of the right to health of older women through various practical channels and effective methods.

Setting Regional Research Priorities for Sexual and Reproductive Health and Rights Services in Humanitarian Settings

Background: Despite increased recognition of the need for sexual and reproductive health and rights in humanitarian settings, evidence focusing on mainstreaming reproductive health services such as maternal, neonatal mortality, human immunodeficiency virus transmission and unsafe abortion still remains inadequate. The ability to understand the magnitude of the needs and highlight existing gaps is supported by improved data which is critical to informing effective policies, programming and funding decisions. The purpose of this report is to present the results of a research prioritization exercise on sexual and reproductive health and rights services in humanitarian settings for the WHO Africa region for the next three years. Methods: We adapted the Child Health and Nutrition Research Initiative method in three phases. Experts from the region participated in an online survey to identify key areas for research in sexual and reproductive health and rights. To identify potential areas for research, the experts ensured answerability, effectiveness, deliverability, equity and potential impact of the questions. The research areas they identified were reviewed by World Health Organization technical team from headquarters. In a meeting of 67 participants, the questions were subjected to further review and analysis. Using a modified for scoring criteria, the questions were scored and ranked to provide the top ten priority questions to address sexual and reproductive health and rights services in humanitarian settings. Results: A list of 21 priority research questions on sexual and reproductive health and rights services in humanitarian settings were scored and ranked. Top ten priorities research questions were identified. Those that scored highly by scoring 30 points out of the possible maximum of 30 include: “determining the prevalence and associated factors of unwanted pregnancies and abortions performed in emergency and humanitarian settings”, “evidence on gender-based violence in humanitarian situations and its associated factors” and “defining an optimal model for coordinating sexual and reproductive health and rights interventions and responses in crisis situations”. Conclusions: Top ten research priorities in sexual and reproductive health and rights services in humanitarian settings were identified. The priority research areas have the potential to identify the best areas for programming of services in humanitarian settings. It is our hope that the identified research areas will be prioritized to support programming of services in humanitarian settings based on scientific evidence.

Research Priorities for mHealth and Innovative Strategies in Sexual and Reproductive Health and Rights in the WHO Africa Region

Background: The use of mobile phones continues to rise rapidly in the provision of health related services. Many countries have adopted the use of mobiles to provide sexual and reproductive health and rights and especially among the adolescents where specific messages are tailored for various audiences with specific messages. The purpose of this paper is to present the results of a research priority setting exercise on mHealth and innovative strategies. Methods: We adapted Child Health and Nutrition Research Initiative methodology to identify and set research priorities on mHealth and innovative strategies that respond to sexual and reproductive health and rights services. General potential research questions were gathered online from multiple stakeholders in the region and sent for consolidation consolidated to technical experts in World Health Organization headquarters. The second phase involved a meeting with experts to review and thematically analyze the questions list of 33 questions producing a list of 22 research questions. The questions were scored against a six point criteria and ranked accordingly. Ten top priority research questions were identified. Results: Lists of 33 priority research questions for mHealth and innovative strategies were proposed for discussions by 67 stakeholders. The questions were reviewed, scored and ranked in a technical meeting by experts. The highest ranking questions at 87% include evaluation of mHealth for data management and sexual and reproductive health and rights decision making, assessment of innovative local financing techniques to support community based sexual reproductive health and rights and evaluation of the role of mobile technologies in referral and counter referral. Conclusions: Information and communication technology is developing drastically and has a great potential in improving health especially in sexual and reproductive health and rights service delivery. This potential must be demonstrated with more relevant and quality research on mHealth and innovative strategies priorities identified.

The WHO African Region: Research Priorities on Sexual and Reproductive Health and Rights

Background: Many policy makers deliberating on comprehensive sexual and reproductive health and rights services need reliable evidence to make choices that benefit women, adolescents, children and the wider society. While universal health coverage discourse provides an opportunity to expand access through evidence based interventions, many gaps exist. Research prioritization has proved to be very helpful in identifying relevant areas especially in constrained resource settings. The purpose of this paper is to present the results of the World Health Organization Africa Region research prioritization for sexual and reproductive health and rights. These priorities hope to guide the region for the next three years. Methods: We used the Child Health and Nutrition Research Initiative approach to identify priority questions among many potential areas for research prioritization on sexual and reproductive health and rights. The implementation process was organized in three phases. The first phase involved sending out an online survey to various experts with experience in sexual and reproductive health rights. These questions were received by a technical team from World Health Organization headquarters for review. 634 questions were identified for potential research and grouped into 12 themes. The second phase involved experts who reviewed the questions. The team merged questions with duplications, removed the questions that were out of scope and finally refined the wordings. In the final phase, experts worked in groups to score and rank top ten priority questions for each of the 12 thematic areas. Results: A list of 120 priority questions for sexual and reproductive health and rights were prioritized by 67 participants drawn from 16 organizations. Most of the priority research questions (45%) focused on the theme of gender-based violence, 35% prioritized services in sexual and reproductive health and rights in humanitarian settings while 15% prioritized preventing unsafe abortion. 5% of the participants prioritized cervical cancer prevalence, prevention and treatment as a thematic area out of the questions in the top 20 research priority questions. Conclusions: Key priority research questions in sexual and reproductive health and rights were identified around five themes. The priority list will be of significance to World Health Organization regional Office for Africa and her stakeholders for the next three years.

Development of China's Public Health as an Essential Element of Human Rights

September 2017 Contents Preface Ensuring People’s Right to Health Based on China’s Conditions Continuous Improvement of Health Environment and Conditions Public Health Service Capability Improving Steadily Great Improvement in the Quality of Medical and Health Services Improvement of the National Medical Security System

On the System of Rights Underlying the Right to Health and Constraints on the Right to Health——Including a Commentary on the Basic Healthcare and Health promotion Law(Draft)

Conceptually,health is subjective,procedural and socially reliant.This three-fold nature determines the connotations of the right to health as well as the constraints thereof.The right to health encompasses both the right to freedom and social rights.The right to freedom in the context of health means that the state should respect the health status and choices of its citizens and trust that the people are able to optimize their health through their own efforts,whereas the right to basic healthcare services is an important component of the right to health from the perspective of social rights.The review system stipulated in administrative normative documents increases,to a certain degree,the possibility that citizens can realize their right to health.The right to health is constrained in three aspects:"precondition of the possible",concurrent requirements imposed by society and conflicts among basic rights.When there is financial restraint on what the state can afford,the right to health is constrained by limits to healthcare institutions and the provision of healthcare services.over-emphasis of individual responsibility on the part of the insured can possibly transform the right to health into an obligation to be healthy.

Positivist Typologies of the Right to Health Norms

As the cornerstone of the rule of law in public health,the right to health is an important human right recognized by international covenants of human rights and widely absorbed by foreign constitutions and laws.In international covenants on human rights,the right to health is regarded as a social right,and its core connotation is“the right to the highest attainable standard of health,”which has been recognized by many global and regional human rights conventions.Correspondingly,it has become a norm for this right to be included in constitutions around the world,especially those in the emerging countries that became independent after World War II and is often embodied within the framework of the law.Take China as an example,the right to health in our legal system is included in the Constitution,and has been substantiated in the Law of the People’s Republic of China on the Promotion of Basic Medical and Health Care and the Civil Code in the mode of“the same channel protection of public and private laws”.The rule of law and public policy are important means of substantiating the right to health(norms).The right to health in this category is confirmed and shaped by the policybased legal principles such as the principle of human rights protection,the principle of fairness,the principle of non-discrimination and the principle of due process,and covers the welfare policy and the health service system in modern countries.

The Theoretical and Practical Extension of the Right to Health

By reflecting on the dualities al in Western human rights concepts,the right to health presents rich normative connotations in our country,and plays an important role in promoting,compelling and guiding individuals,governments and other participants.The expansion of the human rights movement and the advancement of medical technology since the end of World War II are the underlying reasons why the right to health has flourished in the field of international human rights law.Since the founding of the People’s Republic of China,China has gradually formed a relatively complete system of health laws and regulations in its Constitution.Faced with the challenges of COVID-19 prevention and control,China has clarified the value superiority of the right to health in the constitutional norms.At the same time,the concept,value and principles of the right to health are having an increasingly prominent influence on the system of civil law,criminal law,patent law and other departmental laws and regulations.

History and Logical Progression of China's Public Health System——From the Perspective of the Protection of the Right to Health

A public health system generally refers to public utilities oriented toward protecting and improving health. It is intended to protect the health of the general public. Since the founding of the People’s Republic of China, China has constructed the largest healthcare system in the world. The 20th National Congress of the Communist Party of China(CPC), stressed that China will improve its public health system. Looking back at the history of China’s public health system from its inception to the reform and development and then improvement, it can be found that its development has always revolved around the theoretical logic of unifying rights and obligations and the practical logic of balancing the protection of the right to health and the regulation of state power. The fundamental goal is to protect the right to health of the people. The increasing health risks in modern society have changed require that efforts be made to construct a crisscrossing legal framework for public health, improve early-warning and emergency response mechanisms for public health emergencies,and integrate the health concept into all policies to further improve the public health system.

Reform of Health System for People's Right to Health——An interview with Gao Qiang,Minister of Health

EDITOR＇S NOTE： In an interview given of late to our staff reporter, Gao Qiang, Chinese Minister of Health, spoke on the achievements made by China in medical and health work during the Tenth Five-Year Plan period （2001-2005）, the soaring medical costs that have invoked much public complaint, ways of carrying to depth the reform of the medical service system, development of the rural cooperative medical system and community-based medical services in cities, as well as prevention and control of AIDS. Following is a transcript of the interview.

Human Rights Value Based on the Legislation Principle of the Basic Healthcare and Health Promotion Law

The draft of the Basic Healthcare and Health Promotion Law directly incorporates the concept of the right to health,which will have a positive significance in realizing the constitutional norms of the right to health protection.China’s Constitution stipulates the general policy,concrete duties and specific obligations of the state to protect citizens’ right to health,which is the most fundamental logical starting point of legislative design.The implementation of state obligations requires the legislation to follow the principles as follows:people-centered public welfare,respecting and protecting the principle of citizens’ right to health,equitable access to basic medical and health services and the government responsibility for the purpose of the people’s health.

The Limits of the Intervention of Public Power in Individual Health Choices——From the Perspective of the Realization of the Right to Health in the Prevention and Control of Chronic Diseases

Noncommunicable chronic diseases have become the most important public health problem in the world today,so the focus of public health services should be shifted from the traditional area of communicable diseases to the prevention and control of chronic diseases.Since bad living habits are the most direct cause of chronic diseases,the most effective measure to prevent and control chronic diseases is to promote healthy lifestyles for the individual citizen.The theories of equal health opportunity,the right to health from the perspective of human rights,and determinants of a healthy society provide justified reasons for the intervention of public power in individual health choices.In the current legal system,the intervention of public power is limited to flexible measures such as health education,which shows respect for individual autonomy.However,it is inconsistent with the needs of current public health practice.We should expand diversified intervention means to encourage individuals to make healthy choices under the guidance of the management model.The“ladder of intervention”outlines a panoramic view of the intervention measures available.However,for the selection of specific measures,it is necessary to consider the public health objectives and the invasion of individual freedom,introduce the“legal reservation principle”and“proportionality principle”as policy analysis tools,and reasonably choose intervention measures at different levels on the ladder to properly handle the tension between public power and private rights.

保障健康权益 促进卫生改革发展

在当前复杂的国际形势下,健康权正受到严重的破环。本文探讨健康权的内涵以及对我国卫生改革的影响,从世界卫生组织对健康的定义出发,提出健康权在10个方面的表现;撰述生命权和健康权在《中华人民共和国宪法》《中华人民共和国民法通则》以及其他法律法规中的立法依据;展示医疗保险、医疗卫生服务和医药产业3个领域高质量发展在维护生命权、健康权方面获得的成果。卫生改革的目标之一是真正实现群众的健康权,应确保人民群众平等获得优质安全的医疗卫生服务,充分发挥政府作用,出台多种惠民政策,从改善政治、经济、立法、环境等条件出发,减轻全社会的疾病经济负担。应以人民健康为中心,不断提高人民群众的健康水平,为护卫人民群众的生命权和健康权而努力。

人类健康权的实现及其限制

在公共卫生危机的背景下,每个人的健康都不可能是孤岛。以成本收益分析为方法的经济治理模式与以权利范式为中心旨在保护所有人健康权的法治治理模式逐渐成为公共健康治理的双重标准。人类整体对健康的诉求成为人类健康权形成的动因,但“人类”与“健康”均是较为复杂的概念,其准确的法律规范意涵和实施机制亟待探寻。我国《宪法》中本就有国家保护健康的明确规范,2018年“人类命运共同体”概念正式入宪,在规范层面进一步提供了重要的整体性支撑。但若将人类健康权看作法学上的规范概念,则还需要对国际和国内规范进行整合解释,以厘清其内部构造,明确其权利限制,进而对人类健康权在立法过程中遭遇的平衡困难、在公共决策中的跨代利益冲突以及司法救济机制中健康请求权的不确定性等限制因素进行识别并反思。

Judicial Typification of Human Rights Protection Amid Climate Risks:Legal Analysis and Path Choice

In accordance with the canonical sources of the right of legal claim,the targets of judicial review,and the intensity of judicial review intervention policies,lawsuits that directly and indirectly activate the function of human rights protection amid climate risks can be divided into the following categories:climate change lawsuits based on international human rights law,climate change lawsuits based on the domestic constitution,and judicial review of administrative procedures.Due to the singularity of the legal status and force of international human rights law,its“direct applicability”and“explanatory applicability”limit its function in protecting human rights;Climate change lawsuits based on domestic constitutions have the identification of basic right of claim,the judgment of basic rights and function,and the scope of state obligations as the judgment process.Factors such as the difficulty in right typification caused by the integration of climate law and interests,the expansion of discretionary and administrative power in legislation under the context of risk prevention,and the functional boundary of the judicial system cause the dysfunction of the dichotomous review standard of positive rights and negative rights.Procedural rights represent an important dimension of climate-related human rights.With the standardization of administrative procedures on addressing climate risks,the courts are gradually reinforcing decision-making authorities’obligation of due diligence through judicial review of risk decision-making procedures,thus indirectly guaranteeing the realization of tangible human rights.

For People's Right to Safety Of Lives and Health——On development of health-related human rights in China

Medical and health work constitutes the prerequisite to protection of the people's right to safety of lives and health. Over the past decades, the Chinese Government has spared no effort in this regard and, as a result, the Chinese people's health has significantly improved. In the nationwide fight against the SARS (severe acute respiratory syndrome) epidemic in the first half of 2003, the Government placed the health of the Chinese people and the safety of their lives above everything else. With a huge input of human, financial and material resources, the country won a decisive victory over the epidemic. Following is the full text of an interview by Human Rights with Gao Qiang, executive vice-minister of the Ministry of Health, on China's medical and health work and how it is related to protection of human rights.

论健康法

“卫生法”作为目前概括健康领域法律规范的法律概念,难以承载健康法律规范的全部价值,且与健康权研究存在偏差。“健康法”的提出是对“卫生法”的纠偏与合理取代,也是健康价值在法律概念中的凝聚。健康法在规范意义上的证立取决于其规范内核:在规范意涵上体现健康共识,在价值追求上实现健康正义,在基本范畴上以健康权为支撑,在规范体系上形成公共卫生法、医疗法、医疗保障法和健康产品法四个二级法律部门。

论食品安全权的权利伦理基质及其价值

在当代权利伦理学和人权伦理学的价值谱系中,食品安全权因其与生命权、发展权以及健康权、怯弱权等的密切关系而有其既基础、本源又核心、根本的价值意义。作为一种集法律权利和道德权利于一体的基本人权,食品安全权既是一种源自人最内在、最常见和最基本的人权,也是人之为人最基本的价值诉求和社会所需要的最基本最核心的价值关怀。生而为人必然具有对生命的珍重、对健康的珍惜,此则构成人最为内在亦最为强烈的生命权和健康权,而生命本身和健康的脆弱性又使人产生了与生命权和健康权相契合的怯弱权。生命权、健康权、怯弱权内在地要求食品安全权。尊重和保护公民的食品安全权既是生命权的价值诉求,也是怯弱权和健康权的集中表现。食品安全权因其特有的基础性、本原性权利诉求和价值追求必然成为当代权利伦理学和人权伦理学以及人本主义伦理学、人道主义伦理学和生命伦理学价值大厦的“拱心石”和“顶梁柱”。