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Universal Healthcare in
the context of Human
Rights

Presented by:

Monina Geaga

Secretary General, SARILAYA
December 14,2013 (Saturday), 10 AM,
Tri-mona Healthy Dining
Right to Health
or Right to be Healthy?
Universal Healthcare in the context of Human Rights
Presented by: Monina Geaga, Secretary General, SARILAYA
December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
Legal Basis
• Section 15, Article II and Sections 11, 12, 13, Article
XIII, 1987 Philippine Constitution
• Article 25, Universal Declaration of Human Rights
• Article 8, Declaration on the Right to Development
• Article 12, International Covenant on Economic, Social
and Cultural Rights
• Article 5e.iv, International Convention on the
Elimination of All Forms of Racial Discrimination
• Article 12, Convention on the Elimination of All Forms
of Discrimination Against Women
• Article 24, Convention on the Rights of the Child
• Articles 28, 43 and 45, International Convention on the
Rights of All Migrant Workers and Members of their
Families
• Articles 25 and 26, Convention on the Rights of
Persons with Disabilities
Universal Healthcare in the context of Human Rights
Presented by: Monina Geaga, Secretary General, SARILAYA
December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
Universal Declaration of Human
Rights
“Everyone has the right to a standard of living adequate for the

health and well-being of himself and of his family, including food,
clothing, housing and medical care and necessary social
services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.”
International Convention on Economic,
Social and Cultural Rights (ICESCR) Article 25
“The States Parties
to the present
Covenant
recognize the
right of everyone
to the enjoyment
of the highest
attainable
standard of
physical and
mental health.”
Universal Healthcare in the context of Human Rights
Presented by: Monina Geaga, Secretary General, SARILAYA
December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
The 1987 Philippine Constitution
Article 2, Section 15 and Article 13, Sections 11-13

•

“The State shall protect and promote the right to health of the people and
instill health consciousness among them.”

•

“The State shall adopt an integrated and comprehensive approach to health
development which shall endeavor to make essential goods, health and
other social services available to all the people at affordable cost. There
shall be priority for the needs of the under-privileged, sick, elderly, disabled,
women, and children. The State shall endeavor to provide free medical care
to paupers.”
“The State shall establish and maintain an effective food and drug
regulatory system and undertake appropriate health, manpower
development, and research, responsive to the country's health needs and
problems.”
“The State shall establish a special agency for disabled person for their
rehabilitation, self-development, and self-reliance, and their integration into
the mainstream of society.”

•

•

Universal Healthcare in the context of Human Rights
Presented by: Monina Geaga, Secretary General, SARILAYA
December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
Right to Health

according to World Health Organization

“A state of complete physical, mental and
social well-being and not merely the
absence of disease or infirmity.”

Universal Healthcare in the context of Human Rights
Presented by: Monina Geaga, Secretary General, SARILAYA
December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
Definition: Freedom and Entitlements
Freedom
• Freedom to control one’s health and body
• Freedom from interference
Entitlements
• Entitlement to variety of
health facilities, goods,
services and conditions
Universal Healthcare in the context of Human Rights
Presented by: Monina Geaga, Secretary General, SARILAYA
December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
Basic Entitlements
that should be provided by the State

1. Maternal, child & reproductive health
2. Healthy workplace & natural environment
3. Prevention, treatment & control of
diseases, including access to essential
medicines, and
4. Access to safe & potable water

Universal Healthcare in the context of Human Rights
Presented by: Monina Geaga, Secretary General, SARILAYA
December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
Extends to the Underlying
Determinants of Health
• Food and nutrition
• Housing
• Access to safe and potable
water and adequate sanitation
• Safe and healthy working
conditions
• Healthy environment
• Education
• Participation
Universal Healthcare in the context of Human Rights
Presented by: Monina Geaga, Secretary General, SARILAYA
December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
Normative Elements
of the Right to Health
1.Availability
2.Accessibility
• Physical
• Economic
• Information

1.Acceptability
2.Quality
Normative Elements of the
Right to Health
1.Availability
2.Accessibility
• Economic
• Physical
• Information

1.Acceptability
2.Quality
1.Core
2.Progressive
Realization
3.Equality
4.Nondiscrimination
5.International
Cooperation and
Assistance
6.Respect
7.Protect
8.Fulfill (facilitate and
provide)

Obligations
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

Consultation same as
PARTICIPATION?
CURRENT level of participation?
DESIRED level of participation?
How to raise level of participation?
“Exercising rights responsibly?”
How duty bearers implement
obligations?
Claimholder and duty bearer
contributions to promote rights?
What prevents claimholders and
duty bearers from exercising
accountability? How to address?
Inherent disadvantages of
claimholders?
Prejudices, customary or other
practices to be addressed?
Temporary special measures to be
applied?
How to avoid discrimination?
Information needed?
Form, language, media?
When information released?
How to remove “veil of secrecy?”
18. Actions to overcome claimholder
vulnerability?
19. Safeguards or safety nets?
20. Nature of power relations?
21. What motivates claimholders to act?
What facilitates claimholders to
make informed decisions?
22. What prevents actors from acting?
How to address this?
23. Aspects of power (power to, power
with, power from within, power over)
addressed?
24. Dimensions of empowerment
(economic, human and social,
political, cultural) promoted?
25. Empowerment approach (agency or
structural) applied?
26. Right of reparation claimed?
27. Compliance with obligations arising
from right of reparation?
28. Barriers or obstacles?
29. How to overcome barriers or
obstacles?
AQUINO HEALTH AGENDA (AHA)
The Universal Healthcare under Aquino Admin

•Primary Health Care
•Health Sector Reform
•Integrated Referral System
•National Health Insurance
Program (PhilHealth)
Health in the Social Contract: Inclusive Growth
SOCIETAL GOAL
Inclusive Growth and Poverty Reduction
Inclusive Growth and Poverty Reduction

SECTOR OUTCOME

Access to quality
Access to quality
education,
education,
training & culture
training & culture

Human Development Status Improved
Human Development Status Improved

Access to
Access to
shelter
shelter
security
security

HEALTH SUB SECTOR
Health Status
Health Status

Improved
Improved
Health
Health
Status
Status

Access to quality
Access to quality
social protection
social protection

Financial Risk
Financial Risk
Protection
Protection

Access to
Access to
asset
asset
reform
reform

Responsiveness
Responsiveness
DOH Outcome and Strategies
Provide financial
risk protection

Secure access to
quality care at
facilities

Achieve the public
health MDGs

Pr
im
a
an ry P
Pr d H reve
om e a n
ot lth tion
io
n

INTERVENTIONS OF CARE
Secondary Prevention
and Primary Care

Improved Health
Improved Health
especially for the
especially for the
Poor and Vulnerable
Poor and Vulnerable

Cu
ra

tiv
Ca e H
re ea
l

th
Issues and Challenges
Preliminary Observations

Universal Healthcare in the context of Human Rights
Presented by: Monina Geaga, Secretary General, SARILAYA
December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
Our Needs
Our Vision
"Have a healthy citizenry for a productive
and fulfilling life!"
Our Inspiration: The Alma-ata Declaration on
Primary Healthcare, 1978

Universal Healthcare in the context of Human Rights Presented by: Monina Geaga, Secretary General,
SARILAYA December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
Goal
• For people to be at the heart of the healthcare
system in terms of taking control and as informed
participants/beneficiary of the system.
• Access to affordable and quality healthcare for all.
• Quality would mean:
– Wide range of choices of evidence-based, safe
healthcare modalities / integration of different systems
of medicine
– Rooted in the culture of the people

• Preventive, promotive, curative and rehabilitative
medical products and services
Universal Healthcare in the context of Human Rights
Presented by: Monina Geaga, Secretary General, SARILAYA
December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
The People’s
Healthcare System

through community-managed health plans (CMHPs)
Another Healthcare Model

Universal Healthcare in the context of Human Rights
Presented by: Monina Geaga, Secretary General, SARILAYA
December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
Universal Healthcare in the context of Human Rights
Presented by: Monina Geaga, Secretary General, SARILAYA
December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
Thank You!

Sources:
• Maria Socorro Diokno’s Presentation 2010 and 2013
edition Handouts from her 3-month Advanced HRBA
Course sponsored by EED
• DOH Presentation of the 2014 Budget
• Medical Action Group Presentation 2013
• Alma-ata Declaration
• Film Clip: Sicko, Michael Moore
• Analysis from issues & challenges to framework chart
developed by healthactivist.ph with the inspiration of
healthcare movement in the Philippines (INAM,
SARILAYA and ABI-Health) with edits from Ms. Diokno
Universal Healthcare in the context of Human Rights
Presented by: Monina Geaga, Secretary General, SARILAYA
December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining

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Universal Healthcare in the context of the Right to Health

  • 1. Universal Healthcare in the context of Human Rights Presented by: Monina Geaga Secretary General, SARILAYA December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
  • 2. Right to Health or Right to be Healthy? Universal Healthcare in the context of Human Rights Presented by: Monina Geaga, Secretary General, SARILAYA December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
  • 3. Legal Basis • Section 15, Article II and Sections 11, 12, 13, Article XIII, 1987 Philippine Constitution • Article 25, Universal Declaration of Human Rights • Article 8, Declaration on the Right to Development • Article 12, International Covenant on Economic, Social and Cultural Rights • Article 5e.iv, International Convention on the Elimination of All Forms of Racial Discrimination • Article 12, Convention on the Elimination of All Forms of Discrimination Against Women • Article 24, Convention on the Rights of the Child • Articles 28, 43 and 45, International Convention on the Rights of All Migrant Workers and Members of their Families • Articles 25 and 26, Convention on the Rights of Persons with Disabilities Universal Healthcare in the context of Human Rights Presented by: Monina Geaga, Secretary General, SARILAYA December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
  • 4. Universal Declaration of Human Rights “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.”
  • 5. International Convention on Economic, Social and Cultural Rights (ICESCR) Article 25 “The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.” Universal Healthcare in the context of Human Rights Presented by: Monina Geaga, Secretary General, SARILAYA December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
  • 6. The 1987 Philippine Constitution Article 2, Section 15 and Article 13, Sections 11-13 • “The State shall protect and promote the right to health of the people and instill health consciousness among them.” • “The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the under-privileged, sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers.” “The State shall establish and maintain an effective food and drug regulatory system and undertake appropriate health, manpower development, and research, responsive to the country's health needs and problems.” “The State shall establish a special agency for disabled person for their rehabilitation, self-development, and self-reliance, and their integration into the mainstream of society.” • • Universal Healthcare in the context of Human Rights Presented by: Monina Geaga, Secretary General, SARILAYA December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
  • 7. Right to Health according to World Health Organization “A state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.” Universal Healthcare in the context of Human Rights Presented by: Monina Geaga, Secretary General, SARILAYA December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
  • 8. Definition: Freedom and Entitlements Freedom • Freedom to control one’s health and body • Freedom from interference Entitlements • Entitlement to variety of health facilities, goods, services and conditions Universal Healthcare in the context of Human Rights Presented by: Monina Geaga, Secretary General, SARILAYA December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
  • 9. Basic Entitlements that should be provided by the State 1. Maternal, child & reproductive health 2. Healthy workplace & natural environment 3. Prevention, treatment & control of diseases, including access to essential medicines, and 4. Access to safe & potable water Universal Healthcare in the context of Human Rights Presented by: Monina Geaga, Secretary General, SARILAYA December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
  • 10. Extends to the Underlying Determinants of Health • Food and nutrition • Housing • Access to safe and potable water and adequate sanitation • Safe and healthy working conditions • Healthy environment • Education • Participation Universal Healthcare in the context of Human Rights Presented by: Monina Geaga, Secretary General, SARILAYA December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
  • 11. Normative Elements of the Right to Health 1.Availability 2.Accessibility • Physical • Economic • Information 1.Acceptability 2.Quality
  • 12. Normative Elements of the Right to Health 1.Availability 2.Accessibility • Economic • Physical • Information 1.Acceptability 2.Quality
  • 14.
  • 15. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Consultation same as PARTICIPATION? CURRENT level of participation? DESIRED level of participation? How to raise level of participation? “Exercising rights responsibly?” How duty bearers implement obligations? Claimholder and duty bearer contributions to promote rights? What prevents claimholders and duty bearers from exercising accountability? How to address? Inherent disadvantages of claimholders? Prejudices, customary or other practices to be addressed? Temporary special measures to be applied? How to avoid discrimination? Information needed? Form, language, media? When information released? How to remove “veil of secrecy?”
  • 16. 18. Actions to overcome claimholder vulnerability? 19. Safeguards or safety nets? 20. Nature of power relations? 21. What motivates claimholders to act? What facilitates claimholders to make informed decisions? 22. What prevents actors from acting? How to address this? 23. Aspects of power (power to, power with, power from within, power over) addressed? 24. Dimensions of empowerment (economic, human and social, political, cultural) promoted? 25. Empowerment approach (agency or structural) applied? 26. Right of reparation claimed? 27. Compliance with obligations arising from right of reparation? 28. Barriers or obstacles? 29. How to overcome barriers or obstacles?
  • 17.
  • 18. AQUINO HEALTH AGENDA (AHA) The Universal Healthcare under Aquino Admin •Primary Health Care •Health Sector Reform •Integrated Referral System •National Health Insurance Program (PhilHealth)
  • 19. Health in the Social Contract: Inclusive Growth SOCIETAL GOAL Inclusive Growth and Poverty Reduction Inclusive Growth and Poverty Reduction SECTOR OUTCOME Access to quality Access to quality education, education, training & culture training & culture Human Development Status Improved Human Development Status Improved Access to Access to shelter shelter security security HEALTH SUB SECTOR Health Status Health Status Improved Improved Health Health Status Status Access to quality Access to quality social protection social protection Financial Risk Financial Risk Protection Protection Access to Access to asset asset reform reform Responsiveness Responsiveness
  • 20. DOH Outcome and Strategies Provide financial risk protection Secure access to quality care at facilities Achieve the public health MDGs Pr im a an ry P Pr d H reve om e a n ot lth tion io n INTERVENTIONS OF CARE Secondary Prevention and Primary Care Improved Health Improved Health especially for the especially for the Poor and Vulnerable Poor and Vulnerable Cu ra tiv Ca e H re ea l th
  • 21. Issues and Challenges Preliminary Observations Universal Healthcare in the context of Human Rights Presented by: Monina Geaga, Secretary General, SARILAYA December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
  • 23. Our Vision "Have a healthy citizenry for a productive and fulfilling life!"
  • 24. Our Inspiration: The Alma-ata Declaration on Primary Healthcare, 1978 Universal Healthcare in the context of Human Rights Presented by: Monina Geaga, Secretary General, SARILAYA December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
  • 25. Goal • For people to be at the heart of the healthcare system in terms of taking control and as informed participants/beneficiary of the system. • Access to affordable and quality healthcare for all. • Quality would mean: – Wide range of choices of evidence-based, safe healthcare modalities / integration of different systems of medicine – Rooted in the culture of the people • Preventive, promotive, curative and rehabilitative medical products and services Universal Healthcare in the context of Human Rights Presented by: Monina Geaga, Secretary General, SARILAYA December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
  • 26. The People’s Healthcare System through community-managed health plans (CMHPs)
  • 27. Another Healthcare Model Universal Healthcare in the context of Human Rights Presented by: Monina Geaga, Secretary General, SARILAYA December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
  • 28. Universal Healthcare in the context of Human Rights Presented by: Monina Geaga, Secretary General, SARILAYA December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining
  • 29. Thank You! Sources: • Maria Socorro Diokno’s Presentation 2010 and 2013 edition Handouts from her 3-month Advanced HRBA Course sponsored by EED • DOH Presentation of the 2014 Budget • Medical Action Group Presentation 2013 • Alma-ata Declaration • Film Clip: Sicko, Michael Moore • Analysis from issues & challenges to framework chart developed by healthactivist.ph with the inspiration of healthcare movement in the Philippines (INAM, SARILAYA and ABI-Health) with edits from Ms. Diokno Universal Healthcare in the context of Human Rights Presented by: Monina Geaga, Secretary General, SARILAYA December 14,2013 (Saturday), 10 AM, Tri-mona Healthy Dining

Notes de l'éditeur

  1. Poverty reduction and empowerment of the poor and vulnerable Human Development and Poverty Reduction Cluster Public-health related goals: Recognizing the importance of advancing and protecting public health; Increasing social protection and engaging communities in their own development; Ensuring effective coordination of national government programs for poverty reduction at the local level.
  2. The Kalusugan Pangkalahatan has three thrusts for the Filipinos. These strategic thrusts are to achieve health-related Millennium Development Goals by 2015 with further gains in 2016, providing financial risk protection from the high cost of catastrophic or serious illness, and securing access to quality care at all levels of health facilities. These three thrusts are being implemented in a continuum of interventions of Primary prevention and Health Promotion Secondary prevention and Primary Care, and Curative health care. Interventions for Primary Prevention and Secondary Prevention comprise Public Health Care. Curative health care is focused on individual care in hospitals and rehabilitation centers