scholarly journals 30.I. Round table: Human rights and the right to health – implications for day to day public health practice

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
◽  
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Right To Health ◽  
Health Law ◽  
Strategic Partnerships ◽  
Improve Population Health ◽  
Public Health Law ◽  
The Right ◽  
Health Laws ◽  
And Training

Abstract Public health laws have significant impact to improve public's health and essential to achieving the sustainable development goals. Human Rights legislation and advancing the Right to Health approaches are seen as key to tackling social determinants of health and widening health inequalities. Health law is not just the work of lawyers, legislators and enforcers. There is growing expectations and need for public health practitioners and leaders to understand local and international legal systems and obligations and their critical role in improving and protecting the public's health, and to work in strategic partnership to improve population health through law and policy. Yet such issues are often neglected in educational and training programmes in public health and their practical implications poorly understood and appreciated by practitioners. The purpose of this workshop is to highlight the nature and key role of law in improving public's health in practice, and to share the work by NHS Scotland and Wales in considering human rights and right to health approaches in their day to day to day activities and projects in public health. It will highlight practical issues and ideas in advancing the political goal of public health law reform and getting the right to health approaches into day to day practice and activities. This will include options to include educational and training activities for the public health workforce, including its practical inclusion in public health curriculum. It will share case study of the innovative and powerful “Wellbeing of Future Generations Act” in Wales and its implications for public's health and practice. The panel for the workshop will be senior expert experienced public health legal scholars, practitioners and policy makers who will briefly share their expert perspectives on the issue and the projects. One of the elements of the roundtable workshop will be to reflect and consult with the participants around their experience and insights in considering public law and right to health approaches in their practice and the needs, opportunities and barriers to engage more systematically in strategic partnerships and activities around better understanding and use of public health law to protect and improve public's health and the training and educational needs to advance the agenda. Key messages Strengthening public health laws and advancing right to health approaches are vital to improving public’s health and tackling health inequalities. There is need to build capacity and competency of public health leaders and practitioners around public health law and strategic partnerships to improve population health.

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.”

Autonomí­a Y Vulnerabilidad Como Fundamentos Del Derecho A La Salud En El Marco De Los Cambios Legales En Argentina En El Siglo XXI

Xihmai ◽  
2020 ◽  
Vol 15 (29) ◽  
Author(s):  
Marí­a Marta Mainetti [1] ◽  
Susana La Rocca [2]
Keyword(s):  
Public Health ◽  
Health Professionals ◽  
Buenos Aires ◽  
Right To Health ◽  
Public Health Professionals ◽  
Palabras Clave ◽  
National University ◽  
The Right ◽  
Health Laws ◽  
The Relationship

ResumenNos proponemos reflexionar acerca de la relación entre dos principios bioéticos fundamentales en el ejercicio del derecho a la salud: el principio de autonomí­a y el de vulnerabilidad, en el marco de cambios legales en salud ocurridos en las últimas décadas en Argentina. El respeto a la vulnerabilidad comienza a consolidarse no sólo como el reconocimiento al principio más esencial de la Bioética sino como la base de toda la ética. La vulnerabilidad de individuos y poblaciones requiere una concepción de autonomí­a que implique en sí­ misma la inclusión. Se presentan algunas reflexiones y resultados de un proyecto de investigación realizado en 2018-2019 desde la Universidad Nacional de Mar del Plata, que analiza este tema a partir de la percepción de los profesionales de la salud pública en el Partido de General Pueyrredón, provincia de Buenos Aires, Argentina. Palabras clave: autonomí­a, vulnerabilidad, bioética, leyes en salud, derecho a la salud. AbstractWe propose to reflect on the relationship between two fundamental bioethical principles in the exercise of the right to health: the principle of autonomy and that of vulnerability, within the framework of legal changes in health that have occurred in recent decades in Argentina. Respect for vulnerability begins to consolidate not only as recognition of the most essential principle of Bioethics but as the basis of all ethics. The vulnerability of individuals and populations requires a conception of autonomy that implies inclusion in itself. Some reflections and results of a research project carried out in 2018-2019 from the National University of Mar del Plata are presented, which analyzes this topic from the perception of public health professionals in the Party of General Pueyrredón, province of Buenos Aires, Argentina.Keywords: autonomy, vulnerability, bioethics, health laws, right to health.  [1] Lic. en Antropologí­a. Mg. en Bioética. Dra. en Ciencias de la Vida. Docente e investigadora de la Universidad Nacional de Mar del Plata, Argentina. Integrante del Programa Temático Interdisciplinario en Bioética de la UNMDP.[2] Prof. en Filosofí­a. Mg. en Epistemologí­a. Docente e investigadora de la Universidad Nacional de Mar del Plata, Argentina. Coordinadora del Programa Temático Interdisciplinario en Bioética de la UNMDP.

s.One Norms and Principles, 3 The Right to Health and Health-Related Human Rights

2020 ◽  
Author(s):  
Tobin John ◽  
Barrett Damon
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Right To Health ◽  
Economic Determinants ◽  
Right To Health Care ◽  
Cultural Rights ◽  
Health Goals ◽  
Health Related ◽  
State Obligations ◽  
The Right

This chapter reviews the scope and meaning of the right to health under international law. Drawing on public health discourses and expanding beyond a right to health care, the contours of the right to health have been clarified—to encompass a wide range of social, political, and economic determinants of health—by the United Nations Committee on Economic, Social and Cultural Rights (CESCR) in its General Comment 14, by academics in the fields of law and public health, and by national governments in their domestic laws and judicial interpretations. The normative content of the right to health now provides a foundation for state obligations to respect, protect, and fulfill the right to health; limitations on other rights for public health goals; the right’s essential attributes of availability, accessibility, acceptability, and quality; the minimum core obligations of the right to health; and the progressive realization of health-related human rights.

The right to health supports global public health

2021 ◽  
pp. 273-290
Author(s):  
Carmel Williams ◽  
Alison Blaiklock ◽  
Paul Hunt
Keyword(s):  
Public Health ◽  
Climate Change ◽  
Human Rights ◽  
Public Health Practice ◽  
Right To Health ◽  
Global Public Health ◽  
Health Issues ◽  
Supportive Relationship ◽  
The Right ◽  
Overseas Development

In this chapter, we explain how human rights, including the right to health, are important for global public health. We introduce key human rights concepts and principles, and illustrate three approaches to the right to health: judicial, policy, and empowerment. We propose that human rights and public health are natural allies with a complementary and supportive relationship. We describe the meaning of the right to the highest attainable standard of health and its place in international, regional, and national laws. We outline ten key elements of the right to health and how the right can be operationalized in public health practice. We demonstrate this with two case studies of critically important global public health issues—climate change and children’s health, and overseas development assistance—as well as one of an emerging challenge in health, the digitization of health through Big Data.

The Right to Health and Health-Related Human Rights

2020 ◽  
pp. 67-88
Author(s):  
John Tobin ◽  
Damon Barrett
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Right To Health ◽  
Economic Determinants ◽  
Right To Health Care ◽  
Cultural Rights ◽  
Health Goals ◽  
Health Related ◽  
State Obligations ◽  
The Right

This chapter reviews the scope and meaning of the right to health under international law. Drawing on public health discourses and expanding beyond a right to health care, the contours of the right to health have been clarified—to encompass a wide range of social, political, and economic determinants of health—by the United Nations Committee on Economic, Social and Cultural Rights (CESCR) in its General Comment 14, by academics in the fields of law and public health, and by national governments in their domestic laws and judicial interpretations. The normative content of the right to health now provides a foundation for state obligations to respect, protect, and fulfill the right to health; limitations on other rights for public health goals; the right’s essential attributes of availability, accessibility, acceptability, and quality; the minimum core obligations of the right to health; and the progressive realization of health-related human rights.

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 Constitutional Cohesion and the Right to Public Health

2019 ◽  
pp. 173
Author(s):  
James Hodge ◽  
Daniel Aaron ◽  
Haley Augur ◽  
Ashley Cheff ◽  
Joseph Daval ◽  
...  
Keyword(s):  
Public Health ◽  
Health Outcomes ◽  
Health Needs ◽  
Morbidity And Mortality ◽  
Health Law ◽  
Public Health Law ◽  
Legal Reforms ◽  
General Obligation ◽  
Constitutional Right ◽  
The Right

Despite years of significant legal improvements stemming from a renaissance in public health law, Americans still face major challenges and barriers in assuring their communal health. Reversals of legal reforms coupled with maligned policies and chronic underfunding contribute to diminished public health outcomes. Underlying preventable morbidity and mortality nationally are realities of our existing constitutional infrastructure. In essence, there is no general obligation of government to protect or promote the public’s health. Under principles of “constitutional cohesion,” structural facets and rights-based principles interwoven within the Constitution protect individuals and groups from governmental vices (i.e., oppression, overreaching, tyranny, and malfeasance). Structural impediments and rights infringements provide viable options to challenge governmental efforts inapposite to protecting the public’s health. Through corollary applications framed as auxiliary, creative, and ghost righting, courts are also empowered to recognize core duties or rights that the Constitution may not explicitly denote but assuredly contains, to remedy identifiable vices. Notably, ghost righting charts a course for recognizing a constitutional right to public health that Americans are owed, and government must respect, to assure basic public health needs.

The Right to Health

2003 ◽  
Vol 13 (1) ◽  
pp. 27-33
Author(s):  
Dommen Caroline
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Trade Policy ◽  
World Trade Organization ◽  
World Trade ◽  
Right To Health ◽  
Medical Services ◽  
Trading System ◽  
Human Rights Norms ◽  
The Right

Does the global trading system operate to the detriment of human rights? Some people think so. Many argue that trade policy interferes with a nation's capacity to develop its own human rights policies in the areas of health, nutrition, and medical services. This article examines that contention by studying how World Trade Organization (WTO) rules limit a country's ability to uphold the right to health for its citizens and suggests ways that human rights norms and mechanisms can be employed as counterweights to socially harmful WTO polices. The author concludes that most commentators agree that human rights are inalienable and thus would prevail in a judicial setting and that human rights mechanisms have been underused by proponents of public health.

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