Public health is concerned with how to improve the population’s health. At times, though, actions to improve the community’s health may collide with individual civil rights. For example, a public health response to a bioterrorism attack, such as smallpox, may require relaxing an individual’s due process protections to prevent the smallpox from spreading. This tension lies at the heart of public health policy. It also must be considered in discussing the concept of human rights in health.

Proponents of incorporating the concept of human rights in health emphasize the importance of both individual rights and collective rights. They argue that observing human rights is not only consistent with broad public health goals, but necessary to their attainment. To many human rights advocates, the concept is not limited to protecting against governmental intrusion. Accordingly, they emphasize the government’s obligation to promote attainment of human rights by, for instance, providing adequate health care.

This article examines various methodologies used to measure implementation of human rights norms. As the above quotations demonstrate, society's need for measurement to evaluate progress and change over the centuries has not diminished. One of the purposes of measurement is to move human rights discourse beyond the aspirational, which has made achievement of these rights elusive, to an approach that makes them more concrete and practical through accurately testing the extent of their implementation. Measurement can simply involve the assignment of variable values - for example, numbers - to objects or events, such as law, according to rules. A link can then be provided between abstract concepts, such as human rights, to empirical indicants. This article aims to draw general principles to guide and make better use of measurement methodologies, such as statistical analysis and audits, in human rights areas generally, but with particular emphasis on the health area, especially HIV/AIDS.

While the importance of civil and political rights to health advocates is widely acknowledged, economic and social rights are not yet securely on advocates’ agenda. Health impact assessment is an approach that can promote an appreciation of their importance. This paper introduces health impact assessment, gives examples of how it is being used, links its development to a focus on inequalities in health status, indicates the insufficiency of civil and political rights to protect health, and shows that the use of health impact assessment draws attention to economic and social rights. While civil and political rights are an astonishing social achievement, they are not in themselves sufficient to promote health.

The conference on Health, Law and Human Rights: Exploring the Connections held last fall in Philadelphia was a telling moment in the complex history of a movement — the “health and human rights movement” for want of a better term — inaugurated by the pioneering work of Jonathan Mann, whose memory the Conference honored. The François-Xavier Bagnoud Center for Health and Human Rights — founded by Mann and carrying on his legacy — was pleased to co-sponsor the conference. The conference and this symposium issue containing the main papers provide an excellent opportunity to take stock of that movement by means of a commentary based on the papers. This commentary is made from a resolutely human rights perspective, with the aim of engaging the authors in a dialogue on whether and to what extent each article advances knowledge about the interconnectedness and mutually reinforcing character of health and human rights, which is the lasting legacy of Jonathan Mann.

In West Virginia, healthy smokers can now sue tobacco companies to require them to fund medical monitoring for health risks associated with smoking. In Blankenship, formally known as In re Tobacco Litigation (Medical Monitoring Case), the Circuit Court for Ohio County permitted a jury to decide the medical monitoring claim, despite the clam’s novelty and controversy. The unanimous jury refused to enforce the plaintiffs’ demands, and the court denied a motion for retrial. This trial was the second attempt of the class action lawsuit; the court had previously declared a mistrial when an attorney used the word “addiction” in front of the jury.

The court certified a class of residents of the state of West Virginia with more than a five “pack-year history” (at least one pack per day for five years) of smoking the defendant tobacco companies’ cigarettes, who did not have any of a list of named smoking-related illnesses, including various cancers and coronary heart disease, and who did not receive health care paid for – or reimbursed by – the state of West Virginia.