Take Down This Wall

With the twentieth anniversary of the tearing down of the Berlin Wall yesterday, I have been reflecting a lot on divides.  I was lucky enough to spend a year working in Germany, from August 1988 to May 1989, in Cologne for the year between college and law school.  And, although it killed me not to get back on a plane to Berlin in November 1989 to experience that historic moment of the wall coming down — I was a first year law student at the time and too panicked to miss class! — I was always grateful that I lived in divided Germany so that I could experience it as it was.  I visited Berlin three times during my year, seeing the Wall, Checkpoint Charlie, the Brandenberg Gate from behind the wall.  It was nerve-wracking to take a train through East Germany to get to Berlin and somewhat surreal to visit the divided city.  In the summer of 1989, just as things were starting to open up, I visited Prague and Budapest.  Prague was gorgeous but still in the throes of communism – Vaclav Havel was still just a playwright – and I remember being struck that you could not find fresh fruit.  Budapest was already quite different with more open markets and more goods.  It was not quite the West, but it was not quite fully Communist either.  I returned to go to law school and the Wall came down while I watched. 

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Is Health Care a Human Right?

global-healthcare3As Congress enters the final stretch in pushing forward a health care reform bill, I have been struck by the fact that during the ongoing debate very few people seem to pose the question of whether access to health care constitutes a human right.  Yet, in many countries around the world, this perspective forms the starting point of their national debates—and this consensus inevitably directs their public policy on universal health care. 

For example, while in Peru I received a grant from the Ford Foundation to conduct research on the right to mental health for survivors of the country’s internal armed conflict.  In the course of the study, I interviewed many government officials, advocates from non-governmental organizations and ordinary citizens.  None of these people questioned the basic premise of my study which was that health is a human right, as enshrined in international treaties such as the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR). 

Article 12 of the ICESCR provides that “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.” The Covenant has been ratified by 160 countries in the world, but not the United States.  The 1946 Constitution of the World Health Organization (WHO) recognizes that the right to health is a fundamental right “without distinction of race, religion, political belief, economic or social condition.”  Significantly, the United Nations General Assembly (composed of representatives from 192 member countries adopted a resolution in 2003 reaffirming the right to health.

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Truth and Reconciliation, Stories from the Diaspora

TRC_Report_coverSeveral months ago I blogged about the situation of Liberians who fled their country for the United States (but who did not receive official status as refugees) and who have lived here for years in a “temporary” status, while it remained unsafe to return to Liberia. As I explained in those posts, these US residents face yearly the prospect of deportation to Liberia, unless Congress acts to pass legislation allowing them to stay permanently.  Last year the crisis was once again temporarily resolved by President Obama’s one-year extension of protection. It’s unclear whether any permanent status for this group is on the horizon, as legislation on the issue seems to be, at this time, stalled in committee in both the Senate and theHouse, so I may be posting about this again next spring.

Anyway, if you followed those posts with any interest, or if you are generally interested in the experience of refugees, then you may want to review the recently-released report from The Advocates for Human Rights, entitled A House with Two Rooms: The Final Report of the Truth and Reconciliation Commission of Liberia Diaspora Project.  (Confession: as previously disclosed, I worked for the Advocates during and after law school, and I think it’s a terrific organization.)

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