The right to traditional, complementary, and alternative health care

Simple item page
dc.contributor.authorStuttaford, Maria
dc.contributor.authorAl Makhamreh, Sahar
dc.contributor.authorCoomans, Fons
dc.contributor.authorHarrington, John
dc.contributor.authorHimonga, Chuma
dc.contributor.authorHundt, Gillian Lewando
dc.date.accessioned2021-10-08T07:04:10Z
dc.date.available2021-10-08T07:04:10Z
dc.date.issued2014
dc.description.abstractBackgroundState parties to human rights conventions and declarations are often faced with the seemingly contradictory problem of having an obligation to protect people from harmful practices while also having an obligation to enable access to culturally appropriate effective healing. As people increasingly migrate across the globe, previous distinctions between ‘traditional’ and ‘complementary and alternative medicine’ practices are being transcended. There are connections across transnational healing pathways that link local, national, and global movements of people and knowledge.ObjectiveThis paper contributes to the development of the concept and practice of the right to health in all its forms, exploring the right to traditional, complementary, and alternative health (R2TCAH) across different contexts.DesignThe paper draws on four settings – England, South Africa, Kenya, and Jordan – and is based on key informant interviews and a literature review undertaken in 2010, and updated in 2013. The paper begins by reviewing the international legal context for the right to health. It then considers legal and professional regulations from the global north and south.ResultsAdditional research is needed to establish the legal basis, compare regulatory frameworks, and explore patient and provider perspectives of regulation. This leads to being able to make recommendations on how to balance protection from harm and the obligation to ensure culturally appropriate services. Such an exploration must also challenge Western theories of human rights. Key concepts, such as individual harm, consent, and respect of the autonomy of the individual already established and recognised in international health law, could be adopted in the development of a template for future comparative research.ConclusionsExploration of the normative content of the right to health in all its forms will contribute to supporting traditional, complementary, and alternative health service users and providers in terms of access to information, non-discrimination, clarification of state obligations, and accountability.
dc.identifier.apacitationStuttaford, M., Al Makhamreh, S., Coomans, F., Harrington, J., Himonga, C., & Hundt, G. L. (2014). The right to traditional, complementary, and alternative health care. <i>Global Health Action</i>, 7(1), 24121 - 177. http://hdl.handle.net/11427/34442en_ZA
dc.identifier.chicagocitationStuttaford, Maria, Sahar Al Makhamreh, Fons Coomans, John Harrington, Chuma Himonga, and Gillian Lewando Hundt "The right to traditional, complementary, and alternative health care." <i>Global Health Action</i> 7, 1. (2014): 24121 - 177. http://hdl.handle.net/11427/34442en_ZA
dc.identifier.citationStuttaford, M., Al Makhamreh, S., Coomans, F., Harrington, J., Himonga, C. & Hundt, G.L. 2014. The right to traditional, complementary, and alternative health care. <i>Global Health Action.</i> 7(1):24121 - 177. http://hdl.handle.net/11427/34442en_ZA
dc.identifier.issn1654-9716
dc.identifier.issn1654-9880
dc.identifier.ris TY - Journal Article AU - Stuttaford, Maria AU - Al Makhamreh, Sahar AU - Coomans, Fons AU - Harrington, John AU - Himonga, Chuma AU - Hundt, Gillian Lewando AB - BackgroundState parties to human rights conventions and declarations are often faced with the seemingly contradictory problem of having an obligation to protect people from harmful practices while also having an obligation to enable access to culturally appropriate effective healing. As people increasingly migrate across the globe, previous distinctions between ‘traditional’ and ‘complementary and alternative medicine’ practices are being transcended. There are connections across transnational healing pathways that link local, national, and global movements of people and knowledge.ObjectiveThis paper contributes to the development of the concept and practice of the right to health in all its forms, exploring the right to traditional, complementary, and alternative health (R2TCAH) across different contexts.DesignThe paper draws on four settings – England, South Africa, Kenya, and Jordan – and is based on key informant interviews and a literature review undertaken in 2010, and updated in 2013. The paper begins by reviewing the international legal context for the right to health. It then considers legal and professional regulations from the global north and south.ResultsAdditional research is needed to establish the legal basis, compare regulatory frameworks, and explore patient and provider perspectives of regulation. This leads to being able to make recommendations on how to balance protection from harm and the obligation to ensure culturally appropriate services. Such an exploration must also challenge Western theories of human rights. Key concepts, such as individual harm, consent, and respect of the autonomy of the individual already established and recognised in international health law, could be adopted in the development of a template for future comparative research.ConclusionsExploration of the normative content of the right to health in all its forms will contribute to supporting traditional, complementary, and alternative health service users and providers in terms of access to information, non-discrimination, clarification of state obligations, and accountability. DA - 2014 DB - OpenUCT DP - University of Cape Town IS - 1 J1 - Global Health Action LK - https://open.uct.ac.za PY - 2014 SM - 1654-9716 SM - 1654-9880 T1 - The right to traditional, complementary, and alternative health care TI - The right to traditional, complementary, and alternative health care UR - http://hdl.handle.net/11427/34442 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/34442
dc.identifier.vancouvercitationStuttaford M, Al Makhamreh S, Coomans F, Harrington J, Himonga C, Hundt GL. The right to traditional, complementary, and alternative health care. Global Health Action. 2014;7(1):24121 - 177. http://hdl.handle.net/11427/34442.en_ZA
dc.language.isoeng
dc.publisher.departmentDepartment of Private Law
dc.publisher.facultyFaculty of Law
dc.sourceGlobal Health Action
dc.source.journalissue1
dc.source.journalvolume7
dc.source.pagination24121 - 177
dc.source.urihttps://dx.doi.org/10.3402/gha.v7.24121
dc.subject.otherappropriate health care
dc.subject.otherlegal basis
dc.subject.otherplural health care
dc.subject.otherprotection from harm
dc.subject.otherregulation
dc.subject.otherright to health
dc.subject.othertraditional, complementary and alternative therapies
dc.subject.otherComplementary Therapies
dc.subject.otherGlobal Health
dc.subject.otherHealth Services Accessibility
dc.subject.otherHuman Rights
dc.subject.otherHumans
dc.subject.otherMedicine, Traditional
dc.titleThe right to traditional, complementary, and alternative health care
dc.typeJournal Article
uct.type.publicationResearch
uct.type.resourceJournal Article
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
StuttafordMaria_right_to_tradit_2014.pdf
Size:
169.18 KB
Format:
Adobe Portable Document Format
Description:
Download
Collections
Journal Articles