[afro-nets] The Patients' Charter of the TB Community (3)

[Claudio Schuftan <claudio@hcmc.netnam.vn>]

The Patients' Charter of the TB Community (3)
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From: George Kent <kent@hawaii.edu>

I am worried abut this superficial answer, and also by the fact
that they addressed this answer only to me, instead of putting
it on the table for open discussion.

George Kent
mailto:kent@hawaii.edu

--
From: Erika Blair <blair@tbtv.org
to: George Kent <kent@hawaii.edu>

Hi George,

We're a little swamped tonight with all the new inputs on the
Charter, so I'll copy you a quick comment on your comment from
Marta, one of our many 'drafters'. I will try to respond myself
soon.

Erika Blair
mailto:blair@tbtv.org

--
Marta wrote:
#1  This is not a piece of intl. law, although it does draw from
principles of intl. law, which are universal.

However, if we must argue along those lines,

#2  ICESCR article 12 is the "right of everyone to the highest
attainable standard of physical and mental health." The state
must take certain steps to ensure this, including "the preven-
tion, treatment and control of epidemic, endemic, occupational
and other diseases."

DOTS includes the provision that TB treatment be free b/c stud-
ies show that this is key to maximizing case detection and
treatment completion. In other words, free TB treatment is evi-
dence-based, and as such, should be part of what govts do to
control the epidemic of TB. Moreover, UDHR article 27 states
that: everyone has the right to... share in scientific advance-
ments and its benefits." DOTS was a scientific advancement. And
DOTS includes free TB tx.


On 15 Nov. 05, at 21:50, George Kent wrote:

Several weeks ago I raised questions about the claim in the
charter's opening line that there is a right to free tuberculo-
sis care. There is no basis for that claim in current interna-
tional human rights law. I pointed out that many people might
find that claim problematic, and not even read any further.

Why has there been no discussion of this issue? What is the ba-
sis for any claim to free care?