The Right to Health as an Example - Fw Swiss Human Rts Book - Kohler

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  • 8/3/2019 The Right to Health as an Example - Fw Swiss Human Rts Book - Kohler

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    13Foreword: The Right to Health as an Example

    1. Ak any eriou pilooper weer ere i a concluive reaoning

    or e logical validiy o uman rig and e one anwer will be: No,

    ere i no uc concluive argumen bu ere are many good reaon

    or acknowledging uman rig and, above all e pilooper will

    coninue eir binding orce i currenly no longer dependen on anyeorie and piloopical reecion bu e expreion o e will o e

    communiy o naion and o a world-encompaing experience, wic

    umaniy a learned rom i own iory, adoping i and convering i

    ino binding law.

    For ure, i ound raer paeic, bu in i pecial cae, i i com-

    menurae wi e maer a and. For i i e iorically unique igna-

    ure o e 21st cenury a a global civilizaion a currenly arien, no

    only on e level o ecnical, economic, and communicaive procee,

    bu a a worldwide, normaive agreemen a alo come or wic, in

    pie o all culural and religiou dierence o umaniy, i clear on i

    paricular poin: Ta every uman being oug o ave e rig o devel-

    op a reely a poible, or no oer reaon an a e or e i a uman

    being.

    2. O coure, a reely a poible will no be underood in e ame

    way everywere, bu a i no objecion o e equally aoniing, a well

    a acually maer-o-coure ac, a uman rig (wi eir core o e

    Foreword: Te Rigo Heal a an ExampleGeorg Koler*

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    14Realizing the Right to Health

    poiive and negaive auonomy o eac individual) are no longer a mere

    uopia o ome ideali, bu an indipuable, world-ocieal realiy bring-

    ing abou muliple eec.

    Ti i aoniing becaue e univeraliy o i oug wa ill be-

    ing callenged a a maer o principle in e 20th cenury: In e name o

    powerul raci, imperiali and oaliarian ideologie, enemy concep and

    deadly oppoiion ruled in many par o e world, denying o e oer

    in eac cae e equaliy o bir on principle. Te oer peron wa a an

    enemy o e people or a an Unermenc (ubuman) noing bu

    e rigle objec o oreign uperioriy.

    O coure, I do no claim a uc maer o aniuman deprivaion

    o rig are no longer appening. Bu e novely and ingulariy o e

    preen reide in e ac a e eablied uman rig o develop areely a poible procribe em a uc and igmaize em immedi-

    aely a injuice.

    3. And ye: I i no a maer o coure or u uman being o be able

    o walk in e oe o anoer peron? I i no preciely i baic o-

    cial ac wic allow or cooperaion and civilizing progre? I i no u

    e elemenary experience o primary imilariy and equaliy o uman be-

    ing or, i you wi: Te primary experience o e rigulne o uman-rig-claim e ground on wic uman vialiy wa able o develop in

    e fr place? I e queion i ormulaed in i way, e reply i clear.

    All e more preing i e dicoure on i caue wic could block, and

    keep blocking, a clear anwer and i conequence.

    4. Human rig are an idea wi de aco eec: A normaive power

    oppoing reigning circumance in muliple apec. Ti become mo

    eviden wen i i all abou realizing uman rig, i. e. o urn general de-

    mand ino concree claim and commimen.

    Every uman being oug o be able o lead a el-deermined lie o ar

    a poible. Eac peron ould be able o exi in peace and ecuriy. Eac

    peron oug o be able o ay wa e or e mean. Se ould learn wa

    e i capable o doing. We oug o be allowed o join womoever we wi

    o; and o on. And ereore alo: We ould be allowed o be ealy no

    vicim o illnee and circumance, wic can all oo eaily be decoded

    a e reul o avoidable bad luck and unju burden.

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    15Foreword: The Right to Health as an Example

    Te problem o realizing e idea o uman rig and in paricular o-

    cuing on e rig o eal enable u o perceive wa immene ak

    are ied o i aerion. Bu in working oward ulflling ee ak we

    are equally able o experience were and ow ey are o be accomplied.

    We learn a realizing uman rig i an objecive a i ar rom aving

    been accomplied bu i need no be a poor uopia.

    * i caper wa originally wrien by e auor

    in German and ranlaed ino Engli by SalomHangarner.

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    562

    ca. Prior to coming to PHR, Ms. Kalloch worked

    in philanthropy and eco-tourism, and spent over

    a year doing research on gender, economics and

    community management in ishing communities

    around Lake Victoria in East Arica. Ms. Kallochreceived a BA, magna cum laude, in Social Studies

    rom Harvard University in 2000.

    Ilona Kickbusch received her PhD rom the Univer-

    sity o Konstanz (Germany) and has

    had a distinguished career with the

    World Health Organization (WHO)

    and Yale University (USA). She cur-

    rently heads the new Global Health

    Programme at the Graduate Insti-

    tute o International and Development Studies,

    Geneva (Switzerland) and serves as senior health

    policy adviser to the Swiss Federal Ofce or Public

    Health as well as a range o national and interna-

    tional organizations. She also is an adjunct proes-

    sor at Deakin University, Melbourne (Australia).

    Her most recent book is Health and Modernity

    (2007). Further inormation can be ound on her

    website at www.ilonakickbusch.com.

    Georg Kohler, born in 1945, studied philosophy

    and law in Zurich and Basel. A-

    ter his habilitation in philosophy,

    he lectured in Munich. Since 1994,

    he has held the proessorial chair

    or political philosophy at Zurich

    University.

    Riikka Koskenmki, LL. M. (Univ. Helsinki), DEA(IUHEI, Geneva), is a Technical O-

    icer (Legal) at the World Health

    Organization in Geneva. Prior to

    this position, she was a Legal O-

    icer with the International Labour

    Organization and the International

    Health Organization, and a Legal Adviser with

    the Iran-United States Claims Tribunal. Ms. Ko-

    skenmki has also worked as a Special Assistant

    or the Ministry or Foreign Aairs o Finland, as

    original member o the OSCE Advisory Panel on

    the Prevention o Torture and has served on the

    panel since 1998. Mr. Johnson holds a Masters

    in Public and Private Management (M. P. P. M.)

    rom Yale University. He has also been an Asso-ciate Fellow o the Institute or Policy Studies,

    Washington D. C. and Fellow o Albert Einstein

    Institute, Cambridge, Mass. He has received the

    David W. Preus Leadership Award (2003), the

    Twin Cities International Citizen Award (1999),

    the Letelier-Moitt Human Rights Award (1982)

    and the Archbishop John Ireland Award or Dis-

    tinguished Service to Justice (1981).

    Sarah Joseph is a Proessor o Human Rights Law

    and the Director o the Castan

    Centre or Human Rights Law at

    Monash University, Melbourne. She

    is the lead investigator on an Aus-

    tralian Research Council grant on

    the World Trade Organization and

    Human Rights, and has written on various aspects

    o that issue, including the issue o intellectual

    property protection and access to medicines. She

    has also published in many areas o human rights,

    on topics such as corporations and human rights,

    the International Covenant on Civil and Political

    Rights, and sel determination. She has also co-

    authored a book on Australian constitutional law.

    Sarah Kalloch currently serves as Outreach and

    Constituency Organizing Director

    at Physicians or Human Rights.

    Part o her work includes managingPHRs collaboration with the Action

    Group or Health, Human Rights

    and HIV/AIDS Uganda (AGHA)

    and the Kenya Health Rights Advocacy Forum

    (HERAF). PHR, AGHA and HERAF work together

    to engage Ugandan and Kenyan health proes-

    sionals in human rights and AIDS advocacy net-

    works, which bring their powerul voice to deci-

    sion makers, create positive change around AIDS

    and help build civil society capacity in East Ari-

    Authors