After outlining his experience in the world of bioethics, the author draws on his role in the UNESCO International Bioethics Committee to explain the new Universal Declaration of Bioethics, adopted by UNESCO in 2005. He describes it as the first global attempt to reconcile the differing sources of bioethical principles: health-care practice and experience and universal human rights. Whilst collecting, and accepting, some criticism of the text of the Declaration, the author sees its chief values as lying in the wider ethical issues that it reflected of concern to the community, the world and biosphere as well as in the adjustment of health-care approaches for consistency with the growing impact of universal human rights law. Whilst acknowledging the differing social experiences of people in different regions of the world, he invokes Amartya Sen to cast doubt on the notion of specific ‘Asian values’, whether in bioethics or human rights.

This article explores the connection between human rights and tobacco control, and in particular, the Framework Convention on Tobacco Control (FCTC). We address rights-based arguments used by the tobacco industry to argue against tobacco regulation. We demonstrate the weakness of these arguments, and that tobacco control and human rights are, in fact, not in conflict, but are mutually reinforcing. We also offer counter-arguments in favour of tobacco regulation based on international human rights obligations. Moreover, we argue that international human rights law and human rights bodies can provide tobacco control advocates with avenues for international monitoring and enforceability, which are lacking in the FCTC.

Existing policies on HIV testing were developed decades ago when HIV infection led nearly inevitably to AIDS and death. Since then rapid clinical progress has occurred. HIV infected people with access to life-preserving care and treatment no longer experience an existential threat to their life and wellbeing. HIV infection today, at least in North America and Western Europe, represents a chronic but manageable illness. Moreover, with treatment most infected people are rendered, to all intents and purposes, non-infectious. In this paper, we discuss the ethical, policy and legal implications of the changing clinical picture of HIV/AIDS. In particular, we propose significant changes to existing HIV testing policies as well as to policies pertaining to the criminalisation of infected people's sexual behaviour in North America and Western Europe.

This article reviews approaches to the needs of disabled people in Asia and the Pacific, the only part of the world currently lacking regional human rights machinery. The article examines some of the social policy choices involved in prioritising different possible approaches to meeting the needs of disabled people in the region, with a focus on a proposed regional disability rights tribunal (DR-TAP). It is argued that this is not the top priority for immediate action; rather it is contended that capacity building and culturally appropriate attitudinal and other change strategies should instead be pursued over the medium-term horizon.

This article discusses the European Union health-care policy from a human rights law point of view. It departs from the analysis of international and European human rights documents in order to identify core elements and principles associated with the right to access health-care services. These elements and principles are then used to distinguish between individualist and communitarian views of health-care rights and to argue that a human rights approach to the right to access health-care services promotes a communitarian view of this right whereas European Union health-care policy has been promoting an individualist view of this right.

International human rights law attaches the right of health care to the person. States, however, predicate this right on membership in the national community and access to publicly subsidised health care is normally contingent on national membership. With this in mind, this article considers the significance of a human rights approach to access to health care and undertakes a comparative study of health-care provision for irregular migrants in France and the UK. Irregular migrants are ineligible for national membership because they have breached immigration laws. Consequently their right to health care may only arise from international human rights law. This comparative study, however, shows that states resist the idea of a right to health care for people they regard as a threat to national sovereignty. Yet the author posits that the exercise of the government's immigration power may be reconciled with the realisation of irregular migrants' human right to health care.

In recent years, assisted reproductive technologies have played an important role in shaping the lives of many individuals throughout the world. Their promise to make people become parents is believed to fulfil the most elementary interests a person may have. It is argued and legally acknowledged that such interests constitute with much significance a person's self-identity and sense of belonging to the living society, also constituting her reproductive liberty or the right to procreate. Despite their significance and importance, access to these technologies and to fertility care specifically may not always accord with the principle of equality and justice. It will be argued that, in some cases, such unequal access reflects various forms of discrimination between different groups in society. It is the purpose of this article to show that such a phenomenon is the result of an underdeveloped and unregulated area of law, characterising many Western countries. Specifically, it demonstrates conceptual deficiencies in so-called ‘procreative liberty’ with regard to the content and scope of the right to procreate, the values underlying such a right, and the legal and social institutions supporting and securing it. The article highlights these deficiencies, making them more evident when the notion of ‘reproductive liberty’ applies to positive and modern attempts to become parents, especially but not exclusively those brought by men.