Publications

2013
FXB Annual Report 2011 – 2013: Empowering and Protecting. François-Xavier Bagnoud Center for Health and Human Rights, Harvard School Of Public Health, Harvard University; 2013 pp. 28. Publisher's Version
The Millennium Development Goals and Human Rights. Past, Present and Future
eds. Langford, M SYA & AE. The Millennium Development Goals and Human Rights. Past, Present and Future. Cambridge University Press; 2013.Abstract

The Millennium Development Goals (MDGs) have generated tremendous discussion in global policy and academic circles. On the one hand, they have been hailed as the most important initiative ever in international development. On the other hand, they have been described as a great betrayal of human rights and universal values that has contributed to a depoliticization of development. With contributions from scholars from the fields of economics, law, politics, medicine and architecture, this volume sets out to disentangle this debate in both theory and practice. It critically examines the trajectory of the MDGs, the role of human rights in theory and practice, and what criteria might guide the framing of the post-2015 development agenda. The book is essential reading for anyone interested in global agreements on poverty and development.
The first comprehensive interdisciplinary study of the relationship between the MDGs and human rights
Provides both a historical perspective and a range of ideas for informing the post-2015 development agenda
Contains a diverse range of perspectives from different disciplines
Authors use different approaches from empirical case studies through to quantitative methods and legal analyses

2012
The Cost of InactionCase Studies from Rwanda and Angola
Sudhir Anand. The Cost of InactionCase Studies from Rwanda and Angola. FXB Harvard/Harvard University Press; 2012.Abstract

This book is motivated by the idea that the cost of inaction can be much greater than the cost of action. Inaction can lead to serious negative consequences—for individuals, the economy, and society. The consequences of a failure to reduce extreme poverty, for example, typically include malnutrition, preventable morbidity, premature mortality, incomplete basic education, and other human and social development costs. In this volume, the authors seek to clarify exactly what is meant by “cost of inaction.” They develop a methodology to account for the consequences and estimate the costs of a failure to respond to the needs of children and their families. Their conceptual framework emphasizes the need to select appropriate actions against which inaction is evaluated. The authors present the results of applying the cost of inaction (COI) approach to six case studies from Rwanda and Angola. The case studies highlight important differences between the COI approach and benefit-cost analysis as it is traditionally implemented.

2011
FXB Annual Report 2011: Children, Adolescents, and Youth in Settings of Major Disaster, Conflict, Post-Conflict, Dire Poverty, Oppression and Stigma. FXB Center for Health And Human Rights, Harvard School of Public Health; 2011. Publisher's Version
Children Without a StateA Global Human Rights Challenge
Bhabha J. Children Without a StateA Global Human Rights Challenge. The MIT Press; 2011.Abstract

Children are among the most vulnerable citizens of the world, with a special need for the protections, rights, and services offered by states. And yet children are particularly at risk from statelessness. Thirty-six percent of all births in the world are not registered, leaving more than forty-eight million children under the age of five with no legal identity and no formal claim on any state. Millions of other children are born stateless or become undocumented as a result of migration. Children Without a State is the first book to examine how statelessness affects children throughout the world, examining this largely unexplored problem from a human rights perspective. 

The human rights repercussions explored range from dramatic abuses (detention and deportation) to social marginalization (lack of access to education and health care). The book provides a variety of examples, including chapters on Palestinian children in Israel, undocumented young people seeking higher education in the United States, unaccompanied child migrants in Spain, Roma children in Italy, irregular internal child migrants in China, and children in mixed legal/illegal families in the United States.

Litigating Health Rights. Can Courts Bring More Justice to Health?
Yamin, A.E. G& S. Litigating Health Rights. Can Courts Bring More Justice to Health?. Harvard University Press, 2011.; 2011. Publisher's VersionAbstract

The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes.

The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.

2009
FXB Annual Report 2009: Delivering on Children’s Health and Human Rights. FXB Center for Health And Human Rights, Harvard School of Public Health; 2009. Publisher's Version
2008
FXB Annual Report 2008: Strengthening Global Networks for Children. FXB Center for Health And Human Rights, Harvard School of Public Health; 2008. Publisher's Version
2007
Seeking Asylum Alone - a Comparative Study: Unaccompanied and Separated Children and Refugee Protection in Australia, the UK and the US
Bhabha J. Seeking Asylum Alone - a Comparative Study: Unaccompanied and Separated Children and Refugee Protection in Australia, the UK and the US. Themis Press; 2007.Abstract

"Then I was enclosed in a small room ...I could see faces of other young people in their own cells. We had a place to sleep, a cell, very hot, it had a toilet. My heart started to race in the room. I was worried. I didn't know what was going to happen to me". These are the words of a seventeen-year-old boy who fled gang violence in El Salvador only to find himself in a detention centre in Texas. His experience, and that of the thousands of other children who cross borders unaccompanied every year in search of protection, is explored in a new international study, Seeking Asylum Alone. This international comparative report describes the nature and scale of the migration of unaccompanied and separated children, the complex and unsatisfactory policies and procedures which funnel children through an adversarial system that frequently ignores their best interests and violates their human rights, and the range of remedies available to children. Drawing on government data, court proceedings and hundreds of interviews with officials, advocates and the children themselves, the report highlights serious deficiencies in current practice. It documents the inadequacy of current data collection, the hurdles children face in getting access to a place of safety, the inadequacies of reception, detention, and care systems, the severe limitations on legal representation and due process, and the unsatisfactory state of final protection outcomes. The report arrives at two general conclusions. One is that the serious protection deficits highlighted by the data require urgent rectification: children should be treated as children first and non-citizens or aliens second, if states' human rights obligations are going to be met. The second conclusion is that many unaccompanied or separated children have a stronger claim to asylum under international law than is generally recognized, and that child specific persecution should be investigated more seriously and systematically: legal actors should substitute for their adult centred lens a more child centred focus. The recommendations that follow from these conclusions can, the report argues, be implemented relatively easily and economically, with more systematic training and monitoring, and without jeopardizing states' migration management programs. Directed by two law professors, Jacqueline Bhabha, a lecturer at Harvard Law School, and Mary Crock, an associate professor at Sydney Law School, the two year comparative research project documents the circumstances and treatment of unaccompanied and separated child asylum seekers in three key destination countries, the United States, the United Kingdom and Australia. The study has resulted in four substantial research reports, one on each of the three countries in which research was conducted, and this fourth generic and comparative report, which brings together all the country specific findings. All the reports are now accessible on-line at: http://www.humanrights.harvard.edu; and at www.law.usyd.edu.au/scigl Also available Seeking Asylum Alone - A study of Australian law, policy and practice regarding unaccompanied and separated children, by Mary Crock.

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