How is tuberculosis (TB) a human rights issue? What is TB? What does TB stand for? TB stands for tuberculosis, an airborne infectious disease caused by the bacterium Mycobacterium tuberculosis. TB typically attacks the lungs (pulmonary TB), although it can affect other parts of the body as well (extra-pulmonary TB). TB is usually transmitted through the cough, sneeze, or spit of a person with active TB. When a person breathes in…
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Table A: International Human Rights Instruments and Protected Rights and Fundamental Freedoms UDHR ICCPR ICESCR CEDAW ICERD CRC Non-discrimination and Equality Arts. 1, Art. 2 Art. 2(1), Art. 3 Art. 2(2), Art. 3 Art. 2, All Art. 2, Art. 5, All Art. 2 Life Art. 3 Art. 6(1) Art. 6(1) Health Art. 25 Art. 12 Art. 12 Art. 5(e)(iv) Art. 24 Bodily Integrity Freedom of Movement Art. 13 Art. 12…
Table 1: TB and Right to Non-discrimination and Equality Examples of Human Rights Violations Persons with TB are refused medical treatment or given a lower standard of care Persons with TB are prohibited from participating in the local market Human Rights Standards Treaty Body Interpretation ICERD 2(1) States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in…
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Table 2: TB and the Right to Life Examples of Human Rights Violations Institutionalized persons face a disproportionate risk of TB infection, disease and death. Human Rights Standards Treaty Body Interpretation ICCPR 6(1) Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. HRC: Expressing concern to Georgia at the “the still very large number…
Table 3: TB and the Right to the Highest Attainable Standard of Health Examples of Human Rights Violations Persons with TB are denied access to quality TB treatment and care in prison. Persons with MRD-TB are denied tailored therapies of second-line drugs. Government failed to utilize donor resources to construct isolation wards. Human Rights Standards Treaty Body Interpretation ICESCR 12(1) The States Parties to the present Covenant recognize the right…
Table 4: TB and the Right to Bodily Integrity Examples of Human Rights Violations A patient is involuntarily hospitalized for treatment even though it has not been shown that she has failed to adhere to her treatment regimen. Note: The right to bodily integrity is not specifically recognized under the ICCPR or ICESCR, but has been interpreted to be part of the right to security of the person, to freedom…
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Table 5: TB and Freedom of Movement Examples of Human Rights Violations TB patients under quarantine or isolation or in detention are unable to freely move or reside in a country, or to leave and return. People exercising freedom of movement for work are denied TB services because they lack identity documents. Human Rights Standards Treaty Body Interpretation ICCPR 12(1) Everyone lawfully within the territory of a State shall, within…
Table 6: TB and Freedom from Arbitrary Arrest and Detention Examples of Human Rights Violations Persons diagnosed with TB, who have been declared to be noncompliant with TB treatment, are arrested. Persons arrested for noncompliance with TB treatment are not provided with treatment while in detention. Human Rights Standards Treaty Body Interpretation ICCPR 9(1) Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary…
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Table 7: TB and the Right to a Fair Trial Examples of Human Rights Violations Individuals with TB are detained without adequate justification that it is the least restrictive alternative, strictly necessary or a measure of last resort. Human Rights Standards Treaty Body Interpretation ICCPR 14(1) All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations…
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Table 8: TB and the Right of All Persons Deprived of Their Liberty to be Treated with Humanity Examples of Human Rights Violations Prisoners diagnosed with TB are not provided medical treatment or medicines. Prisoners are detained in facilities that are overcrowded and/or have poor hygiene. Prisoners diagnosed with TB are not provided adequate nutrition. Human Rights Standards Treaty Body Interpretation ICCPR 10(1) All persons deprived of their liberty shall…