PHA-Exchange> The Patients' Charter of the TB Community (3)

[Claudio]

From: George Kent 

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.
GK

From: erika <blair at tbtv.org 
to: George Kent <kent at 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


  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 prevention, treatment and control of
  epidemic, endemic, occupational and other diseases."


  DOTS includes the provision that TB treatment be free b/c studies show
  that this is key to maximizing case detection and treatment completion.
  In other words, free TB treatment is evidence-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
  advancements 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 week ago I raised questions about the claim in the charter's opening line that there is a right to free tuberculosis care. There is no basis for that claim in current international 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 basis for any claim to free care?



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