scholarly journals El derecho de las personas con discapacidad a gozar del más alto nivel de salud posible

2020 ◽  
pp. 319-325
Author(s):  
María Florencia Blanco Pighi
Keyword(s):  
Hearing Loss ◽  
Elderly Person ◽  
People With Disabilities ◽  
Right To Health ◽  
Bilateral Hearing Loss ◽  
Role Of The State ◽  
Judicial Ruling ◽  
The Right ◽  
Sobre Todo

El fallo judicial de análisis versa sobre el reconocimiento del derecho subjetivo de una persona adulta mayor que padece de hipoacusia bilateral profunda, a gozar del más alto nivel posible de salud. En ese contexto, se considera el alcance que debe tener el derecho a la salud de las personas con discapacidad, sobre todo en términos de accesibilidad, y el rol que cumple el Estado como garante del mismo.   The judicial ruling of analysis deals with the recognition of the subjective right of an elderly person suffering from profound bilateral hearing loss to enjoy the highest possible level of health. In this context, the scope of the right to health of people with disabilities, especially in terms of accessibility, and the role of the State as guarantor of it must be considered.

The Origins of Human Rights in Global Health

2018 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
Global Health ◽  
International Law ◽  
Right To Health ◽  
Right To Health Care ◽  
Global Standards ◽  
The Right

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”

scholarly journals The Role of Pharmaceutical Security in Realization of the Right to Health

2016 ◽  
Vol 9 (39) ◽  
Author(s):  
Aslan Khuseinovich Abashidze ◽  
Vladislav Sergeevich Malichenko ◽  
Svetlana Borisovna Malichenko
Keyword(s):  
Right To Health ◽  
The Right

The Human Right to Health and the Virtue of Creative Resolve

2020 ◽  
pp. 36-58
Author(s):  
Nicole Hassoun
Keyword(s):  
Distributive Justice ◽  
Right To Health ◽  
Human Right ◽  
Scarce Resources ◽  
Creative Solutions ◽  
The Right

Some maintain that people lack a human right to health because this right cannot provide guidance for distributing scarce resources. Even if the skeptics are right on this point, the second chapter suggests that is not a reason to reject the right; the role of the human right to health is to provide a kind of hope that can foster the virtue of creative resolve. This resolve is a fundamental commitment to finding creative solutions to what appear to be tragic dilemmas. Rather than helping one decide how to ration scarce resources, the human right to health provides reason to find ways to fulfill everyone’s claims. The hope this right provides gives us a response to apparent tragedy in motivating us to search for ways of avoiding it—rather than an account of distributive justice.

The Right to Health

2018 ◽  
pp. 231-264
Author(s):  
Sandra Fredman
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Final Section ◽  
Right To Health ◽  
Individual Rights ◽  
Personal Integrity ◽  
Human Right ◽  
The Right ◽  
The Way

Is health a human right? Many would maintain that it is not. On this view health and ill-health are due to natural causes, not to State actions. Others are concerned that health raises too many polycentric problems to be dealt with through justiciable human rights. These contestations have shaped the way in which the right to health is understood. Section II sketches out the health context. Section III considers jurisdictions in which there is no express right to health, but a right has been derived from rights to life, personal integrity, or privacy. Section IV contrasts this approach with jurisdictions with an express right to health. Section V examines the role of the right to equality, while section VI focuses on reproductive health. The final section returns to the challenges of polycentricity and the extent to which a justiciable right can address systemic issues rather than individual rights to medication.

Equity and the Right to Do Wrong

2020 ◽  
pp. 72-91
Author(s):  
Andrew S Gold
Keyword(s):  
The State ◽  
The Self ◽  
Role Of The State ◽  
The Right ◽  
The Relationship ◽  
Private Litigation ◽  
Better Than

This chapter discusses how the ‘stickler-enjoining’ account of equity has important limits. While many distinctive doctrines of equity can be understood to limit stickler behaviour, equity in fact often turns a blind eye to, and sometimes even enables, stickler behaviour. One can sort cases in which equity restrains sticklers from those in which it is indifferent to stickler behaviour if one attends to the role of the state in private litigation. Sometimes the state’s responsibilities require it to protect plaintiffs against sticklers. Other times, it requires it to protect the stickler, as a means, for example, of keeping as open as possible each person’s sphere of choices. Ultimately, the self-regarding account of equity sheds light on the question of the relationship between equity and justice: from the distinct perspective of the judgment, sometimes equitable justice is better than legal justice and sometimes legal justice is better than equitable justice.

s.Two Implementation and Accountability, 8 Justiciability of Human Rights for Health

2020 ◽  
Author(s):  
Flood Colleen M ◽  
Thomas Bryan
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Right To Health ◽  
Health And Human Rights ◽  
Proper Role ◽  
Health Related ◽  
State Obligations ◽  
The Right ◽  
The Impact

This chapter examines both the power and limitations of litigation as a means of facilitating accountability for the advancement of public health. While almost half of the world’s constitutions now contain a justiciable right to health, the impact of litigation has been mixed. Judicial accountability has, in some cases, advanced state obligations to realize the highest attainable standard of health, but in other cases, litigation has threatened the solidarity undergirding public health systems. There is significant country-to-country variation in interpreting health-related human rights, as well as differing views of the proper role of courts in interpreting and enforcing these rights. Surveying regional human rights systems and national judicial efforts to address health and human rights, it is necessary to analyze how courts have approached—and how they should approach—litigation of the right to health and health-related human rights to improve health for all.

scholarly journals The Role of Antioxidants in the Treatment of Congenital CMV-Related Hearing: A Case-Control Study

OTO Open ◽  
2019 ◽  
Vol 3 (2) ◽  
pp. 2473974X1984185 ◽  
Author(s):  
Hilary McCrary ◽  
Veronica del Calvo ◽  
Jeremy Purser ◽  
Geoff Casazza ◽  
Albert Park
Keyword(s):  
Hearing Loss ◽  
Case Control Study ◽  
Retrospective Chart Review ◽  
Case Control ◽  
Antioxidant Therapy ◽  
Hearing Thresholds ◽  
The Mean ◽  
The Right ◽  
Control Study

Objective Antioxidants have been used as a therapeutic measure for several causes of hearing loss, and this study aims to examine the use of antioxidants in children with congenital cytomegalovirus (cCMV)–related hearing loss. Study Design Case-control study. Setting Academic pediatric hospital. Subjects and Methods A retrospective chart review of pediatric patients with cCMV-related hearing loss treated with and without antioxidants (vitamins A, C, and E and magnesium, known as ACE-Mg) was completed. The primary end point was the mean change in hearing thresholds for the right and left ears after therapy. An evaluation of the mean change in thresholds was evaluated at the following frequencies: 500 Hz, 1000 Hz, 2000 Hz, and 4000 Hz. A 2-sample t test and multiple linear regression were used to evaluate the data. Results A total of 78 children with cCMV-related hearing loss were included in the study, of whom 10 were treated with antioxidants. The average amount of time in which antioxidants were taken was 387 days. When comparing cases and controls, there was no differences in the mean change of hearing thresholds at each frequency for both the right and left ears ( P > .05). Length of antioxidant therapy and age at which therapy was initiated had no effect on hearing scores ( P > .05). Conclusions Oxidative stress plays a role in the pathogenesis of cCMV-related hearing loss. ACE-Mg is a safe adjuvant therapy for the treatment of hearing loss in children; however, this study demonstrates no hearing-related benefit from ACE-Mg antioxidant therapy.

Health Services

2018 ◽  
Author(s):  
Kenneth A. Reinert
Keyword(s):  
Health Services ◽  
Child Survival ◽  
Well Being ◽  
Right To Health ◽  
Essential Medicines ◽  
Poor People ◽  
Human Needs ◽  
United Nations System ◽  
The Right

This chapter considers health services as a basic good that satisfy critical basic human needs for maintaining minimal levels of well-being. It considers the widespread nature of health services deprivation and the consequent negative health impacts. The chapter examines the subsistence right to health services and the role of this right within the United Nations system of human rights. It doing so, it makes a distinction between the right to health services and the right to health itself, favoring the former. It also examines the leading causes of death, child survival, the provision of health services to poor people, essential medicines, medical brain drain, antimicrobial resistance, and pandemics.

Health diplomacy

2019 ◽  
Vol 9 (1) ◽  
pp. 161-176
Author(s):  
Annamarie Bindenagel Šehovic´
Keyword(s):  
Right To Health ◽  
Health It ◽  
Health Security ◽  
Health Diplomacy ◽  
The Subject ◽  
Historical Trajectory ◽  
The Right ◽  
Changing Role ◽  
Insight Into

This article explores the role of health diplomacy in promoting the right to health. It first looks at the historical trajectory of the right to health as it evolves and intersects with state and human and health security. Second, it analyzes the definitions and roles of health diplomacy. It argues that health diplomacy is undergoing a cycle of (re)invention and innovation, bringing in both new and traditional actors. Yet it points out a gap in the subject of health diplomacy, asking what is the right to health, and what does its definition mean for the (changing) role of health diplomacy? It concludes by offering initial insight into what health diplomacy might be in the nearer future.

scholarly journals The right to medical care and its economic consequences: an American dilemma

1972 ◽  
Vol 6 (4) ◽  
pp. 317-327
Author(s):  
José Duarte de Araújo
Keyword(s):  
United States ◽  
Health Care ◽  
United States Of America ◽  
The United States ◽  
Right To Health ◽  
Economic Consequences ◽  
Right To Health Care ◽  
Modern Times ◽  
The Right

The concepts of "rights" and of "right to health care" including its evolution in modern times are discussed. The consequences of implementing this right are discussed in economic terms, regarding the situation in the United States of America. A discussion is also included on the limitations of the role of Health Insurance as a measure to solve the problem of providing health care for all individuals.

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