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The right to health is the economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international agreements which include the Universal Declaration of Human Rights , International Covenant on Economic, Social and Cultural Rights , and the Convention on the Rights of Persons with Disabilities . There is debate on the interpretation and application of the right to health due to considerations such as how health is defined, what minimum entitlements are encompassed in a right to health, and which institutions are responsible for ensuring a right to health.

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114-441: The Dagga Couple or DC is a pro- cannabis lobbyist organisation from South Africa founded by Julian Stobbs and Myrtle Clarke after the two were arrested for the possession and dealing in the substance in 2010. Rather than plead guilty, the couple decided instead to sue seven sectors of government that maintained and enforced the policy of cannabis prohibition in the country resulting in what has been described locally as

228-416: A chromosome complement of 2n=20, although polyploid individuals have been artificially produced. The first genome sequence of Cannabis , which is estimated to be 820 Mb in size, was published in 2011 by a team of Canadian scientists. The genus Cannabis was formerly placed in the nettle family ( Urticaceae ) or mulberry family ( Moraceae ), and later, along with the genus Humulus ( hops ), in

342-494: A genetic analysis of the same set of accessions led to a three-species classification, recognizing C. sativa , C. indica , and (tentatively) C. ruderalis . Another paper in the series on chemotaxonomic variation in the terpenoid content of the essential oil of Cannabis revealed that several wide-leaflet drug strains in the collection had relatively high levels of certain sesquiterpene alcohols, including guaiol and isomers of eudesmol, that set them apart from

456-478: A 'drug lab'. What they found was a quiet middle aged couple in their pyjamas and a quantity of dagga. We were arrested after a five-hour ordeal in our kitchen, jailed, and because we had more than 115g of the substance, were charged with dealing in dagga. We were subsequently granted bail and released. However, according to ENCA , "the two have turned their case on its head, challenging the government to legalise marijuana". They are suing seven government departments on

570-719: A clear description [...] may prejudice the uniform interpretation, or at least place in jeopardy the consistent protection the Convention seeks to guarantee." He does, however, acknowledge that the lack of a clear definition for "disability" may benefit the disabled by limiting the State's ability to limit extension of the convention's provisions to specific populations or those with certain conditions. While most human rights are theoretically framed as negative rights, meaning that they are areas upon which society cannot interfere or restrict by political action, Mervyn Susser contends that

684-537: A four group division: In 1785, evolutionary biologist Jean-Baptiste de Lamarck published a description of a second species of Cannabis , which he named Cannabis indica Lam. Lamarck based his description of the newly named species on morphological aspects (trichomes, leaf shape) and geographic localization of plant specimens collected in India. He described C. indica as having poorer fiber quality than C. sativa , but greater utility as an inebriant . Also, C. indica

798-577: A healthy life, and extends to the underlying determinants of health." In this respect, the General Comment holds that the specific steps towards realizing the right to health enumerated in Article 12 are non-exhaustive and strictly illustrative in nature. The inextricable link between Health and Human Rights Jonathan Mann was a Francois-Xavier Bagnoud Professor of Health and Human Rights and Professor of Epidemiology and International Health at

912-1088: A high degree of potential variation for selection, even in heavily selected hemp cultivars. They also commented that these analyses confirm the continuity of the Cannabis gene pool throughout the studied accessions, and provide further confirmation that the genus consists of a single species, although theirs was not a systematic study per se . An investigation of genetic, morphological, and chemotaxonomic variation among 157 Cannabis accessions of known geographic origin, including fiber, drug, and feral populations showed cannabinoid variation in Cannabis germplasm . The patterns of cannabinoid variation support recognition of C. sativa and C. indica as separate species, but not C. ruderalis . C. sativa contains fiber and seed landraces, and feral populations, derived from Europe, Central Asia, and Turkey . Narrow-leaflet and wide-leaflet drug accessions, southern and eastern Asian hemp accessions, and feral Himalayan populations were assigned to C. indica . In 2005,

1026-417: A large number of chemicals as part of their defense against herbivory . One group of these is called cannabinoids , which induce mental and physical effects when consumed . Cannabinoids, terpenes , terpenoids , and other compounds are secreted by glandular trichomes that occur most abundantly on the floral calyxes and bracts of female plants. Cannabis , like many organisms, is diploid , having

1140-576: A maximum of about thirteen leaflets per leaf (usually seven or nine), depending on variety and growing conditions. At the top of a flowering plant , this number again diminishes to a single leaflet per leaf. The lower leaf pairs usually occur in an opposite leaf arrangement and the upper leaf pairs in an alternate arrangement on the main stem of a mature plant. The leaves have a peculiar and diagnostic venation pattern (which varies slightly among varieties) that allows for easy identification of Cannabis leaves from unrelated species with similar leaves. As

1254-527: A mind-altering drug has been documented by archaeological finds in prehistoric societies in Eurasia and Africa. The oldest written record of cannabis usage is the Greek historian Herodotus 's reference to the central Eurasian Scythians taking cannabis steam baths. His ( c.  440 BCE ) Histories records, "The Scythians, as I said, take some of this hemp-seed [presumably, flowers], and, creeping under

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1368-465: A recreational drug known as marijuana or weed . Various cannabis strains have been bred, often selectively to produce high or low levels of tetrahydrocannabinol (THC), a cannabinoid and the plant's principal psychoactive constituent . Compounds such as hashish and hash oil are extracted from the plant. Cannabis is a Scythian word. The ancient Greeks learned of the use of cannabis by observing Scythian funerals, during which cannabis

1482-449: A right to an unreachable standard and that it aspires to a state of health that is too subjectively variable from person to person or from one society to the next. While Susser's discussion centers on healthcare as a positive right, Paul Hunt refutes this view and makes the argument that the right to health also encompasses certain negative rights such as a protection from discrimination and the right to not receive medical treatment without

1596-472: A right. He defines a right as one that is to be defended at all costs, and a concept that is defined and interpreted by the judicial system. Making healthcare a right would require governments to spend a large portion of its resources to provide its citizens with it. He asserts that the healthcare system is based on the erroneous assumption of unlimited resources, as limited resources inhibit governments from providing everyone with adequate healthcare, especially in

1710-499: A right; however, it does not charge the State with ensuring that all individuals, in fact, are fully healthy, nor that all individuals have made full recognition of the rights and opportunities enumerated in the right to health. Like the Universal Declaration of Human Rights, the General Comment clarifies the interrelated nature of human rights, stating that, "the right to health is closely related to and dependent upon

1824-649: A separate family, the hemp family (Cannabaceae sensu stricto ). Recent phylogenetic studies based on cpDNA restriction site analysis and gene sequencing strongly suggest that the Cannabaceae sensu stricto arose from within the former family Celtidaceae, and that the two families should be merged to form a single monophyletic family, the Cannabaceae sensu lato . Various types of Cannabis have been described, and variously classified as species , subspecies , or varieties : Cannabis plants produce

1938-739: A subject of debate for well over two centuries. This is a contentious issue because there is no universally accepted definition of a species . One widely applied criterion for species recognition is that species are "groups of actually or potentially interbreeding natural populations which are reproductively isolated from other such groups." Populations that are physiologically capable of interbreeding, but morphologically or genetically divergent and isolated by geography or ecology, are sometimes considered to be separate species. Physiological barriers to reproduction are not known to occur within Cannabis , and plants from widely divergent sources are interfertile. However, physical barriers to gene exchange (such as

2052-522: A taxonomic revision that recognizes a single species of Cannabis with two subspecies (hemp or drug; based on THC and CBD levels) and two varieties in each (domesticated or wild). The framework is thus: This classification was based on several factors including interfertility, chromosome uniformity, chemotype, and numerical analysis of phenotypic characters. Professors William Emboden, Loran Anderson, and Harvard botanist Richard E. Schultes and coworkers also conducted taxonomic studies of Cannabis in

2166-590: A three species system, independently reinforced by Schultes et al (1975) and Emboden (1974): C. sativa , C. indica and C. ruderalis. In 1940, Russian botanists Serebriakova and Sizov proposed a complex poly-species classification in which they also recognized C. sativa and C. indica as separate species. Within C. sativa they recognized two subspecies: C. sativa L. subsp. culta Serebr. (consisting of cultivated plants), and C. sativa L. subsp. spontanea (Vav.) Serebr. (consisting of wild or feral plants). Serebriakova and Sizov split

2280-574: A tip-off, raided their home in August 2010. Having more than 115 grams of cannabis ( South African law dictates that anything above 115 grams is considered dealing), they were charged with possession, the intent to sell and faced a lengthy jail time if convicted. They were granted bail and released. ...we had a very heavy handed visit from the South African Police Service who, acting on a tip off, raided our property in search of

2394-450: A unique family of terpeno-phenolic compounds called cannabinoids, some of which produce the "high" which may be experienced from consuming marijuana. There are 483 identifiable chemical constituents known to exist in the cannabis plant, and at least 85 different cannabinoids have been isolated from the plant. The two cannabinoids usually produced in greatest abundance are cannabidiol (CBD) and/or Δ - tetrahydrocannabinol (THC), but only THC

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2508-410: A unique voice in health advocacy and promotion. He is careful to note here that, while this likely entails some minimum standard of access to health resources, it does not guarantee or necessitate an equitable state of health for each person due to inherent biological differences in health status. This distinction is an important one, as some common critiques of a "right to health" are that it establishes

2622-769: A very early period the Chinese recognized the Cannabis plant as dioecious", and the (c. 3rd century BCE) Erya dictionary defined xi 枲 "male Cannabis " and fu 莩 (or ju 苴 ) "female Cannabis ". Male flowers are normally borne on loose panicles , and female flowers are borne on racemes . Many monoecious varieties have also been described, in which individual plants bear both male and female flowers. (Although monoecious plants are often referred to as "hermaphrodites", true hermaphrodites – which are less common in Cannabis – bear staminate and pistillate structures together on individual flowers, whereas monoecious plants bear male and female flowers at different locations on

2736-446: Is also known as hemp , although this term is often used to refer only to varieties of Cannabis cultivated for non-drug use. Cannabis has long been used for hemp fibre , hemp seeds and their oils , hemp leaves for use as vegetables and as juice . Industrial hemp products are made from cannabis plants selected to produce an abundance of fibre. Cannabis also has a long history of being used for medicinal purposes , and as

2850-541: Is briefly addressed in the United Nations' International Convention on the Elimination of All Forms of Racial Discrimination , which was adopted in 1965 and entered into effect in 1969. The Convention calls upon States to "Prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, color, or national or ethnic origin, to equality before

2964-578: Is broken into three broad relationships. The first relationship between Health and Human Rights is a political one. Mann and colleagues state that health policies, programs, and practices have an impact on human rights, especially when state power is considered in the realm of public health. Next, the article posits a reverse relationship: that human rights violations have health impacts. It also calls for health expertise to help understand how health and well-being can be impacted by human rights violations through measurement and assessment. The third segment of

3078-409: Is common in serrated leaves, each serration has a central vein extending to its tip, but in Cannabis this originates from lower down the central vein of the leaflet, typically opposite to the position of the second notch down. This means that on its way from the midrib of the leaflet to the point of the serration, the vein serving the tip of the serration passes close by the intervening notch. Sometimes

3192-703: Is commonly used for cannabis and is derived from the Khoikhoi word dacha , which was used by the early European colonial settlers in the Western Cape . After their arrest Stobbs and Clarke became known as "The Dagga Couple" in local media . Cannabis is illegal for recreational and medical use in South Africa though some advocates have been pressurising the government to modify its laws, which first restricted cannabis in 1922, to allow exemptions for medical use, religious practices, and other purposes. Cannabis

3306-513: Is delegated to the State: "States have a special obligation to provide those who do not have sufficient means with the necessary health insurance and health-care facilities, and to prevent any discrimination on internationally prohibited grounds in the provision of health care and health services." Additional emphasis is placed upon non-discrimination on the basis of gender, age, disability, or membership in indigenous communities. Subsequent sections of

3420-488: Is determined or strongly influenced by environmental factors. Ainsworth reviews that treatment with auxin and ethylene have feminizing effects, and that treatment with cytokinins and gibberellins have masculinizing effects. It has been reported that sex can be reversed in Cannabis using chemical treatment. A polymerase chain reaction -based method for the detection of female-associated DNA polymorphisms by genotyping has been developed. Cannabis plants produce

3534-566: Is either a variety of C. sativa or a separate species, and proposed C. sativa L. var. ruderalis Janisch, and Cannabis ruderalis Janisch, as alternative names. In 1929, renowned plant explorer Nikolai Vavilov assigned wild or feral populations of Cannabis in Afghanistan to C. indica Lam. var. kafiristanica Vav., and ruderal populations in Europe to C. sativa L. var. spontanea Vav. Vavilov, in 1931, proposed

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3648-400: Is most conveniently answered if such chromosomes were clearly visible in a karyotype . Cannabis was one of the first plant species to be karyotyped; however, this was in a period when karyotype preparation was primitive by modern standards. Heteromorphic sex chromosomes were reported to occur in staminate individuals of dioecious "Kentucky" hemp, but were not found in pistillate individuals of

3762-475: Is not surprising that male-associated markers are relatively abundant. In dioecious plants where sex chromosomes have not been identified, markers for maleness indicate either the presence of sex chromosomes which have not been distinguished by cytological methods or that the marker is tightly linked to a gene involved in sex determination. Environmental sex determination is known to occur in a variety of species. Many researchers have suggested that sex in Cannabis

3876-453: Is noted as the first international declaration of fundamental human rights, both freedoms and entitlements alike. United Nations High Commissioner for Human Rights Navanethem Pillay writes that the Universal Declaration of Human Rights "enshrines a vision that requires taking all human rights—civil, political, economic, social, or cultural—as an indivisible and organic whole, inseparable and interdependent." Likewise, Gruskin et al. contend that

3990-401: Is possibly as a result of inbreeding . Cannabis has been described as having one of the most complicated mechanisms of sex determination among the dioecious plants. Many models have been proposed to explain sex determination in Cannabis . Based on studies of sex reversal in hemp , it was first reported by K. Hirata in 1924 that an XY sex-determination system is present. At the time,

4104-632: Is psychoactive. Since the early 1970s, Cannabis plants have been categorized by their chemical phenotype or "chemotype", based on the overall amount of THC produced, and on the ratio of THC to CBD. Although overall cannabinoid production is influenced by environmental factors, the THC/CBD ratio is genetically determined and remains fixed throughout the life of a plant. Non-drug plants produce relatively low levels of THC and high levels of CBD, while drug plants produce high levels of THC and low levels of CBD. When plants of these two chemotypes cross-pollinate,

4218-549: Is relatively uncommon in the plant kingdom, and a very low percentage of dioecious plant species have been determined to use the XY system. In most cases where the XY system is found it is believed to have evolved recently and independently. Since the 1920s, a number of sex determination models have been proposed for Cannabis . Ainsworth describes sex determination in the genus as using "an X/autosome dosage type". The question of whether heteromorphic sex chromosomes are indeed present

4332-536: Is shorter, conical in shape, and has relatively wide leaflets, and C. ruderalis is short, branchless, and grows wild in Central Asia . This taxonomic interpretation was embraced by Cannabis aficionados who commonly distinguish narrow-leafed "sativa" strains from wide-leafed "indica" strains. McPartland's review finds the Schultes taxonomy inconsistent with prior work (protologs) and partly responsible for

4446-557: Is slightly larger than the X, but difficult to differentiate cytologically. More recently, Sakamoto and various co-authors have used random amplification of polymorphic DNA (RAPD) to isolate several genetic marker sequences that they name Male-Associated DNA in Cannabis (MADC), and which they interpret as indirect evidence of a male chromosome. Several other research groups have reported identification of male-associated markers using RAPD and amplified fragment length polymorphism . Ainsworth commented on these findings, stating, It

4560-705: Is the most widespread variety, which is usually tall, laxly branched, and found in warm lowland regions. "Indica" designates shorter, bushier plants adapted to cooler climates and highland environments. "Ruderalis" is the informal name for the short plants that grow wild in Europe and Central Asia. Mapping the morphological concepts to scientific names in the Small 1976 framework, "Sativa" generally refers to C. sativa subsp. indica var. indica , "Indica" generally refers to C. sativa subsp. i. kafiristanica (also known as afghanica ), and "Ruderalis", being lower in THC,

4674-565: Is the normative and legal framework for WHO's work across the broad spectrum of child and adolescent health." Goldhagen presents the CRC as a "template for child advocacy" and proposes its use as a framework for reducing disparities and improving outcomes in child health. Article 25 of the Convention on the Rights of Persons with Disabilities (2006) specifies that "persons with disabilities have

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4788-754: Is the one that can fall into C. sativa subsp. sativa . The three names fit in Schultes's framework better, if one overlooks its inconsistencies with prior work. Definitions of the three terms using factors other than morphology produces different, often conflicting results. Breeders, seed companies, and cultivators of drug type Cannabis often describe the ancestry or gross phenotypic characteristics of cultivars by categorizing them as "pure indica", "mostly indica", "indica/sativa", "mostly sativa", or "pure sativa". These categories are highly arbitrary, however: one "AK-47" hybrid strain has received both "Best Sativa" and "Best Indica" awards. Cannabis likely split from its closest relative, Humulus (hops), during

4902-535: Is thought to have been introduced to Africa by early Arab or Indian Hindu travelers, which Bantu settlers subsequently introduced to southern Africa when they migrated southward. It was already in popular use in South Africa by the indigenous Khoisan and Bantu peoples prior to European settlement in the Cape in 1652, and was traditionally used by Basotho to ease childbirth. According to author Hazel Crampton, old Afrikaner recipes for teas and foods exist which make use of

5016-441: Is to convey that, while individual health has been much of the focus for medical and other health provision services, especially concerning physical illness and disability, public health 's focus has more so evolved around how people can be healthy. According to this surprisingly simple definition, public health's mission is to promote positive health and prevention of health problems – disease, disability, premature death. That is,

5130-557: The Berkeley Patients Group . In April 2019 Fields of Green for ALL launched the Dagga Private Clubs movement, as a local adaptation of Cannabis Social Clubs the non-profit small-scale cannabis dispensation system created in Europe. Cannabis Cannabis ( / ˈ k æ n ə b ɪ s / ) is a genus of flowering plants in the family Cannabaceae . The number of species within

5244-491: The Harvard T. H. Chan School of Public Health . He was known for being a powerful pioneer and advocate for the promotion of health, ethics, and human rights, championing the theory that Health and Human Rights were inextricably interlinked in a dynamic relationship. According to Mann, Health and Human Rights are complementary approaches for defining and advancing human well-being. In 1994, Jonathan Mann and his colleagues started

5358-601: The Trial of the Plant in 2017. Stobbs was fatally shot during an armed robbery at his home in Sunrella , Gauteng on 3 July 2020. Clarke, who was with him at the time of the incident, escaped unharmed. Julian Stobbs, a retired Royal Navy air traffic controller and art director in the television and film industry and Kathleen (Myrtle) Clarke, a freelance art director and former school teacher were arrested after police, acting on

5472-645: The United Nations Economic and Social Council (ECOSOC), the highest status granted by the UN to NGOs . In December 2021, Fields of Green for All took part to, and submitted a statement on behalf of, an action organized by 181 non-governmental organizations addressed to Secretary-General and the INCB . Fields of Green collaborates with NGOs such as ENCOD , FAAAT , International Center for Ethnobotanical Education, Research and Service , or entities like

5586-462: The United States and Canada specifically named products of C. sativa as prohibited materials. Enterprising attorneys for the defense in a few drug busts argued that the seized Cannabis material may not have been C. sativa , and was therefore not prohibited by law. Attorneys on both sides recruited botanists to provide expert testimony. Among those testifying for the prosecution

5700-430: The right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services." The Universal Declaration makes additional accommodations for security in case of physical debilitation or disability, and makes special mention of care given to those in motherhood or childhood. The Universal Declaration of Human Rights

5814-480: The " Health and Human Rights " to underline the importance of this inextricable link between Health and Human Rights. In the first volume of the "Health and Human Rights", Jonathan Mann and his colleagues published a transformative article to explore the potential collaboration in Health and Human Rights. In this article, Mann et al. describe a framework for connecting the two domains that are interlinked. This framework

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5928-497: The "modern" system of taxonomic nomenclature by Carl Linnaeus in 1753, who devised the system still in use for the naming of species. He considered the genus to be monotypic, having just a single species that he named Cannabis sativa L. Linnaeus was familiar with European hemp, which was widely cultivated at the time. This classification was supported by Christiaan Hendrik Persoon (in 1807), Lindley (in 1838) and De Candollee (in 1867). These first classification attempts resulted in

6042-546: The 'minimum standard' of entitlements under the right ought to be established. Additionally, Barlow contends that rights establish duties upon others to protect or guarantee them, and that it is unclear who holds the social responsibility for the right to health. John Berkeley, in agreement with Barlow, critiques further that the right to health does not consider adequately the responsibility that an individual has to uphold his or her own health. American writer and politician Richard Lamm vehemently argues against making healthcare

6156-456: The 1970s, and concluded that stable morphological differences exist that support recognition of at least three species, C. sativa , C. indica , and C. ruderalis. For Schultes, this was a reversal of his previous interpretation that Cannabis is monotypic, with only a single species. According to Schultes' and Anderson's descriptions, C. sativa is tall and laxly branched with relatively narrow leaflets, C. indica

6270-539: The 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women outlines women's protection from gender discrimination when receiving health services and women's entitlement to specific gender-related healthcare provisions. The full text of Article 12 states: Article 12 : Health is mentioned on several instances in the Convention on the Rights of the Child (1989). Article 3 calls upon parties to ensure that institutions and facilities for

6384-1214: The 21st century." An alternative way to conceptualize one facet of the right to health is a "human right to health care ." Notably, this encompasses both patient and provider rights in the delivery of healthcare services, the latter being similarly open to frequent abuse by the states. Patient rights in health care delivery include: the right to privacy , information, life, and quality care, as well as freedom from discrimination, torture , and cruel, inhumane, or degrading treatment . Marginalized groups, such as migrants and persons who have been displaced, racial and ethnic minorities , women , sexual minorities , and those living with HIV, are particularly vulnerable to violations of human rights in healthcare settings. For instance, racial and ethnic minorities may be segregated into poorer quality wards, disabled persons may be contained and forcibly medicated, drug users may be denied addiction treatment, women may be forced into vaginal examinations and may be denied life-saving abortions, suspected homosexual men may be forced into anal examinations, and women of marginalized groups and transgender persons may be forcibly sterilized . Provider rights include:

6498-706: The General Comment detail the obligations of nations and international organizations towards a right to health. The obligations of nations are placed into three categories: obligations to respect, obligations to protect, and obligations to fulfill the right to health. Examples of these (in non-exhaustive fashion) include preventing discrimination in access or delivery of care; refraining from limitations to contraceptive access or family planning; restricting denial of access to health information; reducing environmental pollution; restricting coercive and/or harmful culturally-based medical practices; ensuring equitable access to social determinants of health; and providing proper guidelines for

6612-866: The High Level Ministerial Segment of the Commission on Narcotic Drugs in March 2019), policy conferences such as the International Cannabis Policy Conference in 2018, and met with representatives of the United Nations Office on Drugs and Crime and the International Narcotics Control Board . Since May 2021, the non-profit Fields of Green for All has been granted special consultative status with

6726-467: The Himalayan mountain range) might have enabled Cannabis gene pools to diverge before the onset of human intervention, resulting in speciation. It remains controversial whether sufficient morphological and genetic divergence occurs within the genus as a result of geographical or ecological isolation to justify recognition of more than one species. The genus Cannabis was first classified using

6840-576: The Middle East, use spread throughout the Islamic empire to North Africa. In 1545, cannabis spread to the western hemisphere where Spaniards imported it to Chile for its use as fiber. In North America, cannabis, in the form of hemp, was grown for use in rope, cloth and paper. Cannabinol (CBN) was the first compound to be isolated from cannabis extract in the late 1800s. Its structure and chemical synthesis were achieved by 1940, followed by some of

6954-556: The States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: In 2000, the United Nations' Committee on Economic, Social and Cultural Rights issued General Comment No. 14, which addresses "substantive issues arising in the implementation of the International Covenant on Economic, Social and Cultural Rights" with respect to Article 12 and "the right to

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7068-562: The UK and a third globally had South African origins. The Dagga Couple are suing the following heads of government departments: South Africa is known for having one of the most liberal constitutions in the world and includes such clauses as the right to health and the right to self-medicate. The Dagga Couple are challenging these and other legal issues in their case at the country's highest court, The Constitutional Court. This landmark case will also challenge certain racially based laws pertaining to

7182-739: The United States, much debate surrounds the issue of "provider consciousness", which retains the right of providers to abstain from performing procedures that do not align with their moral code, such as abortions. Legal reform as a mechanism to combat and prevent violations of patient and provider rights presents a promising approach. However, in transitional countries (newly formed countries undergoing reform), and other settings with weak rule of law, may be limited. Resources and tools for lawyers, providers, and patients interested in improving human rights in patient care have been formulated. As of 2008, at least 115 national constitutions now recognize

7296-555: The XY system was the only known system of sex determination. The X:A system was first described in Drosophila spp in 1925. Soon thereafter, Schaffner disputed Hirata's interpretation, and published results from his own studies of sex reversal in hemp, concluding that an X:A system was in use and that furthermore sex was strongly influenced by environmental conditions. Since then, many different types of sex determination systems have been discovered, particularly in plants. Dioecy

7410-482: The absence of disease or infirmity." The Constitution defines the right to health as "the enjoyment of the highest attainable standard of health," and enumerates some principles of this right as healthy child development; equitable dissemination of medical knowledge and its benefits; and government-provided social measures to ensure adequate health. Frank P. Grad credits the WHO Constitution as "claiming ...

7524-420: The accreditation of medical facilities, personnel, and equipment. International obligations include allowing for the enjoyment of health in other countries; preventing violations of health in other countries; cooperating in the provision of humanitarian aid for disasters and emergencies; and refraining from use of embargoes on medical goods or personnel as an act of political or economic influence. Article 12 of

7638-400: The care of children adhere to health standards. Article 17 recognizes the child's right to access information that is pertinent to his/her physical and mental health and well-being. Article 23 makes specific reference to the rights of disabled children, in which it includes health services, rehabilitation, preventive care. Article 24 outlines child health in detail, and states, "Parties recognize

7752-539: The charges that they are upholding unlawful and unconstitutional laws. Cannabis is considered a Schedule 7 drug in South Africa, along with heroin, cocaine and methamphetamine ; The Dagga Couple intend to challenge this and many other legal aspects they consider "unjust and irrational, not supported by any empirical evidence and outdated". In line with changing attitudes worldwide, they also believe cannabis does far less damage than alcohol or tobacco and that it can be used for medicinal purposes. The regional term dagga

7866-471: The choice to use the term "Indian hemp" (linked to the plant's history in India), hence naming the species as indica. Additional Cannabis species were proposed in the 19th century, including strains from China and Vietnam (Indo-China) assigned the names Cannabis chinensis Delile, and Cannabis gigantea Delile ex Vilmorin. However, many taxonomists found these putative species difficult to distinguish. In

7980-470: The cultivar. Dioecious varieties are preferred for drug production, where the fruits (produced by female flowers) are used. Dioecious varieties are also preferred for textile fiber production, whereas monoecious varieties are preferred for pulp and paper production. It has been suggested that the presence of monoecy can be used to differentiate licit crops of monoecious hemp from illicit drug crops, but sativa strains often produce monoecious individuals, which

8094-542: The decision and the case is set to be heard in the constitutional court in November 2017. The Dagga Couple applied in October of the same year to be enlisted as friends of the court to assist Prince and Acton with Clarke stating "The case brought by Prince and Acton was unique in that the matter is one of significant public interest and importance‚ invoking a consideration of a vast number of constitutional rights whilst‚ at

8208-414: The disabled should be made available in local communities and that care should be geographically equitable, with additional statements against the denial or unequal provision of health services (including "food and fluids" and "life insurance") on the basis of disability. Hendriks criticizes the failure of the convention to define specifically the term "disability"; he contends further that "the absence of

8322-615: The early Miocene , around 19.6 million years ago. Cannabis was widely distributed over Asia by the Late Pleistocene. The oldest known Cannabis in South Asia dates to around 32,000 years ago. Cannabis is used for a wide variety of purposes. According to genetic and archaeological evidence, cannabis was first domesticated about 12,000 years ago in East Asia during the early Neolithic period. The use of cannabis as

8436-533: The early 20th century, the single-species concept (monotypic classification) was still widely accepted, except in the Soviet Union , where Cannabis continued to be the subject of active taxonomic study. The name Cannabis indica was listed in various Pharmacopoeias , and was widely used to designate Cannabis suitable for the manufacture of medicinal preparations. In 1924, Russian botanist D.E. Janichevsky concluded that ruderal Cannabis in central Russia

8550-547: The felt coverings, throw it upon the red-hot stones; immediately it smokes, and gives out such a vapour as no Greek vapour-bath can exceed; the Scyths, delighted, shout for joy." Classical Greeks and Romans also used cannabis. In China, the psychoactive properties of cannabis are described in the Shennong Bencaojing (3rd century AD). Cannabis smoke was inhaled by Daoists , who burned it in incense burners. In

8664-533: The first preclinical research studies to determine the effects of individual cannabis-derived compounds in vivo. Globally, in 2013, 60,400 kilograms of cannabis were produced legally . Right to health The Human Rights Measurement Initiative measures the right to health for countries around the world, based on their level of income. The preamble of the 1946 World Health Organization (WHO) Constitution defines health broadly as "a state of complete physical, mental and social well-being and not merely

8778-427: The framework linking Health and Human Rights introduces the concept that the protection and promotion of human rights and health are linked fundamentally in a dynamic relationship. While literature has largely supported the first two relationships, this third hypothesis has not been explored as substantially. The article supports this concept by stating that this link suggests there are dramatic practical consequences in

8892-426: The fruit is an achene . Most strains of Cannabis are short day plants , with the possible exception of C. sativa subsp. sativa var. spontanea (= C. ruderalis ), which is commonly described as "auto-flowering" and may be day-neutral . Cannabis is predominantly dioecious , having imperfect flowers , with staminate "male" and pistillate "female" flowers occurring on separate plants. "At

9006-436: The full area of contemporary international public health," establishing the right to health as a "fundamental, inalienable human right " that governments cannot abridge, and are rather obligated to protect and uphold. The WHO Constitution, notably, marks the first formal demarcation of a right to health in international law. Article 25 of the United Nations' 1948 Universal Declaration of Human Rights states that "Everyone has

9120-434: The genus is disputed. Three species may be recognized: Cannabis sativa , C. indica , and C. ruderalis . Alternatively, C. ruderalis may be included within C. sativa , or all three may be treated as subspecies of C. sativa , or C. sativa may be accepted as a single undivided species. The genus is widely accepted as being indigenous to and originating from Asia . The plant

9234-468: The global human population. The General Comment also makes additional reference to the question of health equity , a concept not addressed in the initial International Covenant. The document notes, "The Covenant proscribes any discrimination in access to health care and underlying determinants of health, as well as to means and entitlements for their procurement." Moreover, responsibility for ameliorating discrimination and its effects with regards to health

9348-406: The growing "outcome gap" between the populations receiving health interventions and the ones that are not. Poor people are not receiving the same treatment, if any at all, as the more financially fortunate. The high costs of medicine and treatment make it problematic for poor countries to receive equal care. He states, "Excellence without equity looms as the chief human-rights dilemma of health care in

9462-415: The highest attainable standard of health." The General Comment provides more explicit, operational language on the freedoms and entitlements included under a right to health, The General Comment makes the direct clarification that "the right to health is not to be understood as a right to be healthy. " Instead, the right to health is articulated as a set of both freedoms and entitlements which accommodate

9576-455: The independent operations of, but also in the interaction in activities of, the practice of public health and the practice of human rights. There is what is deemed an interdependence that cannot be negated. Mann and his colleagues further posit that research, education, experience, and advocacy are all required to understand this intersection, in order to understand and advance human well-being globally. Ultimately, Mann and his colleague's mission

9690-426: The individual's biological and social conditions as well as the State's available resources, both of which may preclude a right to be healthy for reasons beyond the influence or control of the State. Article 12 tasks the State with recognizing that each individual holds an inherent right to the best feasible standard of health, and itemizes (at least in part) the 'freedoms from' and 'entitlements to' that accompany such

9804-411: The interrelated nature of the rights expressed in the Universal Declaration establishes a "responsibility [that] extends beyond the provision of essential health services to tackling the determinants of health such as, provision of adequate education, housing, food, and favourable working conditions," further stating that these provisions "are human rights themselves and are necessary for health." Health

9918-477: The law," and references under this provision "The right to public health, medical care, social security and social services." The United Nations further defines the right to health in Article 12 of the 1966 International Covenant on Economic, Social and Cultural Rights , which states: 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 steps to be taken by

10032-597: The legal assistance necessary to obtain the stay of prosecution. The idea being that instead of pleading guilty and accepting a criminal record, incarceration or a suspended sentence and a fine, people are taking a stand and declaring themselves not to be criminals. The Dagga Couple attended the United Nations Commission on Narcotic Drugs , in Vienna, Austria, on several occasions since December 2018, and took part in inter-governmental discussions (such as

10146-475: The long term. Attempting to provide "beneficial" healthcare to all people utilizing limited resources could lead to economic collapse. Lamm asserts that access to healthcare but a small part in producing a healthy society, and to create a healthy society, resources should also be spent on social resources. Another criticism of the right to health is that it is not feasible. Imre J.P. Loefler, former editor of Nairobi Hospital Proceedings and frequent contributor to

10260-542: The mid Oligocene , around 27.8 million years ago according to molecular clock estimates. The centre of origin of Cannabis is likely in the northeastern Tibetan Plateau . The pollen of Humulus and Cannabis are very similar and difficult to distinguish. The oldest pollen thought to be from Cannabis is from Ningxia , China, on the boundary between the Tibetan Plateau and the Loess Plateau , dating to

10374-496: The other putative taxa. A 2020 analysis of single-nucleotide polymorphisms reports five clusters of cannabis , roughly corresponding to hemps (including folk "Ruderalis") folk "Indica" and folk "Sativa". Despite advanced analytical techniques, much of the cannabis used recreationally is inaccurately classified. One laboratory at the University of British Columbia found that Jamaican Lamb's Bread, claimed to be 100% sativa,

10488-530: The plant. On 31 March 2017, in a case against the state brought on by Gareth Prince, Jeremy Acton , and Jonathan Ruben in the Western Cape High Court , presiding Judge Dennis Davis ruled that any law disallowing the use and cultivation of cannabis by an adult in a private dwelling was unconstitutional and therefore invalid, on the grounds that such infringement of the constitutional right to privacy could not be justified. The state appealed

10602-601: The plant. Use of the plant was associated with traditional African populations and a lower economic status. Longitudinal research studies by the Medical Research Council (MRC) report that the number of cannabis users in South Africa was 2.2 million in 2004, and 3.2 million in 2008. In 2003, Interpol rated South Africa as the fourth-largest cannabis producer in the world, and the Institute for Security Studies reported that most cannabis seized in

10716-405: The plants in the first filial (F 1 ) generation have an intermediate chemotype and produce intermediate amounts of CBD and THC. Female plants of this chemotype may produce enough THC to be utilized for drug production. Whether the drug and non-drug, cultivated and wild types of Cannabis constitute a single, highly variable species, or the genus is polytypic with more than one species, has been

10830-648: The popular usage. Molecular analytical techniques developed in the late 20th century are being applied to questions of taxonomic classification. This has resulted in many reclassifications based on evolutionary systematics . Several studies of random amplified polymorphic DNA (RAPD) and other types of genetic markers have been conducted on drug and fiber strains of Cannabis , primarily for plant breeding and forensic purposes. Dutch Cannabis researcher E.P.M. de Meijer and coworkers described some of their RAPD studies as showing an "extremely high" degree of genetic polymorphism between and within populations, suggesting

10944-456: The realization of other human rights," and thereby underscoring the importance of advancements in other entitlements such as the rights to food, work, housing, life, non-discrimination, human dignity, and access to importance, among others, towards the recognition of the right to health. Similarly, the General Comment acknowledges that "the right to health embraces a wide range of socio-economic factors that promote conditions in which people can lead

11058-465: The recipient's voluntary consent. However, Hunt does concede that some positive rights, such as the responsibility of society to pay special attention to the health needs of the underserved and vulnerable, are included in the right to health. Paul Farmer addresses the issue of unequal access to health care in his article, "The Major Infectious Diseases in the World - To Treat or Not to Treat." He discusses

11172-430: The right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States shall strive to ensure that no child is deprived of his or her right of access to such health care services." Towards implementation of this provision, the Convention enumerates the following measures: The World Health Organization website comments, "The CRC

11286-550: The right to health is a particularly unique and challenging right because it is often expressed as a positive right , where society bears an obligation to provide certain resources and opportunities to the general population. Susser further sets out four provisions that he sees as covered under a right to health: equitable access to health and medical services; a "good-faith" social effort to promote equal health among different social groups; means to measure and assess health equity; and equal sociopolitical systems to give all parties

11400-464: The right to health. Sometimes, these rights are justiciable, meaning that they can be pursued by action in court. Indeed, a trend in constitutional reform around the world has been both to entrench the right to health and make it justiciable. The US is an outlier to these trends, at least at the federal level. Nonetheless, there have been campaigns in the US seeking to support a constitutional recognition of

11514-424: The right to health. Where constitutions do recognize a justiciable right to health, the responses by courts has been mixed. In 2022, Oregon became the first state to enact a constitutional right to health care through Oregon Ballot Measure 111 . Harvard -trained scholar Philip Barlow writes that healthcare should not be considered a human right because of the difficulty of defining what it entails and where

11628-623: The right to quality standards of working conditions , the right to associate freely, and the right to refuse to perform a procedure based on their morals. Healthcare providers often experience violations of their rights. For instance, particularly in countries with weak rule of law, healthcare providers are often forced to perform procedures which negate their morals, deny marginalized groups the best possible standards of care, breach patient confidentiality, and conceal crimes against humanity and torture. Furthermore, providers who do not oblige these pressures are often persecuted. Currently, especially in

11742-441: The right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability." The sub-clauses of Article 25 state that States shall give the disabled the same "range, quality, and standard" of health care as it provides to other persons, as well as those services specifically required for prevention, identification, and management of disability. Further provisions specify that health care for

11856-533: The rise of craft cannabis growers in Canada should ensure quality, experimentation/research, and diversification of strains among private-sector producers. The scientific debate regarding taxonomy has had little effect on the terminology in widespread use among cultivators and users of drug-type Cannabis . Cannabis aficionados recognize three distinct types based on such factors as morphology, native range , aroma, and subjective psychoactive characteristics. "Sativa"

11970-413: The same plant.) Subdioecy (the occurrence of monoecious individuals and dioecious individuals within the same population) is widespread. Many populations have been described as sexually labile. As a result of intensive selection in cultivation , Cannabis exhibits many sexual phenotypes that can be described in terms of the ratio of female to male flowers occurring in the individual, or typical in

12084-709: The same time‚ all of the protagonists on one side of the argument are not represented by counsel". On 28 October 2017 this application was granted by the constitutional court of South Africa. Registered in February 2014 and officially launched by the Dagga Couple in December 2014, Fields of Green for All is South Africa's first cannabis-based non-profit organisation aimed at assisting citizens arrested on any cannabis-related offense. By joining, anyone arrested for any cannabis related charge in South Africa will receive all

12198-429: The same variety. Dioecious "Kentucky" hemp was assumed to use an XY mechanism. Heterosomes were not observed in analyzed individuals of monoecious "Kentucky" hemp, nor in an unidentified German cultivar. These varieties were assumed to have sex chromosome composition XX. According to other researchers, no modern karyotype of Cannabis had been published as of 1996. Proponents of the XY system state that Y chromosome

12312-453: The traditional sense of individual health as understood and processed by health care services is "one essential condition for health", but does is not the sole qualifier or an exchangeable term with "health". In other words, health care services are not sufficient for health, as public health practitioners understand it – there are external factors that have both nuanced as well as pronounced positive and negative impact on health and well-being of

12426-490: The two C. sativa subspecies into 13 varieties, including four distinct groups within subspecies culta . However, they did not divide C. indica into subspecies or varieties. Zhukovski, in 1950, also proposed a two-species system, but with C. sativa L. and C. ruderalis . In the 1970s, the taxonomic classification of Cannabis took on added significance in North America. Laws prohibiting Cannabis in

12540-456: The vein will pass tangentially to the notch, but often will pass by at a small distance; when the latter happens a spur vein (or occasionally two) branches off and joins the leaf margin at the deepest point of the notch. Tiny samples of Cannabis also can be identified with precision by microscopic examination of leaf cells and similar features, requiring special equipment and expertise. All known strains of Cannabis are wind-pollinated and

12654-409: Was Dr. Ernest Small, while Dr. Richard E. Schultes and others testified for the defense. The botanists engaged in heated debate (outside of court), and both camps impugned the other's integrity. The defense attorneys were not often successful in winning their case, because the intent of the law was clear. In 1976, Canadian botanist Ernest Small and American taxonomist Arthur Cronquist published

12768-426: Was considered smaller, by Lamarck. Also, woodier stems, alternate ramifications of the branches, narrow leaflets, and a villous calyx in the female flowers were characteristics noted by the botanist. In 1843, William O’Shaughnessy, used "Indian hemp ( C. indica )" in a work title. The author claimed that this choice wasn't based on a clear distinction between C. sativa and C. indica , but may have been influenced by

12882-453: Was consumed. In Akkadian , cannabis was known as qunubu ( 𐎯𐎫𐎠𐎭𐏂 ). The word was adopted in to the Hebrew language as qaneh bosem ( קָנֶה בֹּשׂם ). Cannabis is an annual , dioecious , flowering herb . The leaves are palmately compound or digitate , with serrate leaflets . The first pair of leaves usually have a single leaflet , the number gradually increasing up to

12996-501: Was in fact almost 100% indica (the opposite strain). Legalization of cannabis in Canada (as of 17 October 2018 ) may help spur private-sector research, especially in terms of diversification of strains. It should also improve classification accuracy for cannabis used recreationally. Legalization coupled with Canadian government (Health Canada) oversight of production and labelling will likely result in more—and more accurate—testing to determine exact strains and content. Furthermore,

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