scholarly journals Public health law and COVID-19: Human rights and global health security

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
E Petelos
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Point Of Care ◽  
Immunological Response ◽  
Health Law ◽  
Global Public Health ◽  
Public Health Law ◽  
Health Security ◽  
Effective Measure ◽  
Migrant Populations

Abstract The WHO has highlighted the technical challenges of assessing immunity status, cautioning against immunity passports. Similarly, the ECDC indicated that “current scientific knowledge that exists on the immunological response to SARS-CoV-2 (quality, quantity and duration of human antibodies) or the available testing methods (laboratory based and point-of-care)” does not support their use. Accordingly, the European Commission has emphasised the risks compulsory testing, noting that “border control [is not] an effective measure to limit the transmission of the virus, while the Council of Europe raises awareness of the interference of SARS-CoV-2 measures on human rights, underlining that “the major social, political and legal challenge facing our Member States will be their ability to respond to this crisis effectively, whilst ensuring that the measures they take do not undermine our genuine long-term interest in safeguarding Europe's founding values of human rights, democracy and the rule of law”. Nevertheless, immunity passports and immunity registries are being discussed more than ever before, with governments under pressure to find a viable solution. This presentation will examine the GDPR, and current legislation protecting rights vs. legislation allowing testing, quarantine, administration of medicines, recording of immunity vs. vaccination. It will debate the legal nature of immunity passports and the relevance to fundamental European freedoms, linking key concepts to global public health law. Implications regarding the personal right in Health/right of Public Health and legal substance and human rights limitations will also be examined. Criteria and the use of immunity passports as limitations of human rights -prescribed by law, legitimate aim and necessary in a democratic society- with extrapolation in terms of discrimination will be discussed. Finally, the jurisprudential approach and control (national, European, ECHR, global) will be mentioned, along with a brief highlight to the implications for migrant populations and cross-border care.

Synergising International Public Health Law and International Disaster Law

2020 ◽  
pp. 1-11
Author(s):  
Pratik DIXIT
Keyword(s):  
Public Health ◽  
International Health ◽  
Health Law ◽  
Global Public Health ◽  
Public Health Law ◽  
Health Crisis ◽  
Response Strategies ◽  
Public Health Crisis ◽  
International Public Health ◽  
Health Regulations

There is no time more opportune to review the workings of the International Health Regulations (IHR) than the present COVID-19 crisis. This article analyses the theoretical and practical aspects of international public health law (IPHL), particularly the IHR, to argue that it is woefully unprepared to protect human rights in times of a global public health crisis. To rectify this, the article argues that the IHR should design effective risk reduction and response strategies by incorporating concepts from international disaster law (IDL). Along similar lines, this article suggests that IDL also has a lot to learn from IPHL in terms of greater internationalisation and institutionalisation. Institutionalisation of IDL on par with IPHL will provide it with greater legitimacy, transparency and accountability. This article argues that greater cross-pollination of ideas between IDL and IPHL is necessary in order to make these disciplines more relevant for the future.

scholarly journals Assessing National Public Health Law to Prevent Infectious Disease Outbreaks: Immunization Law as a Basis for Global Health Security

2019 ◽  
Vol 47 (3) ◽  
pp. 412-426 ◽  
Author(s):  
Tsion Berhane Ghedamu ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Infectious Disease ◽  
Global Health ◽  
Assessment Tool ◽  
Disease Outbreaks ◽  
Health Law ◽  
Global Health Security ◽  
Public Health Law ◽  
Health Security ◽  
National Immunization

Immunization plays a crucial role in global health security, preventing public health emergencies of international concern and protecting individuals from infectious disease outbreaks, yet these critical public health benefits are dependent on immunization law. Where public health law has become central to preventing, detecting, and responding to infectious disease, public health law reform is seen as necessary to implement the Global Health Security Agenda (GHSA). This article examines national immunization laws as a basis to implement the GHSA and promote the public's health, analyzing the scope and content of these laws to prevent infectious disease across Sub-Saharan Africa. Undertaking policy surveillance of national immunization laws in 20 Sub-Saharan African countries, this study: (1) developed a legal framework to map the legal attributes relevant to immunization; (2) created an assessment tool to determine the presence of these attributes under national immunization law; and (3) applied this assessment tool to code national legal landscapes. An analysis of these coded laws highlights legal attributes that govern vaccine requirements, supply chains, vaccine administration standards, and medicines quality and manufacturer liability. Based upon this international policy surveillance, it will be crucial to undertake legal epidemiology research across countries, examining the influence of immunization law on vaccination rates and disease outbreaks.

scholarly journals “Technologies of Reflexivity”: Generating Biopolitics and Institutional Risk to Supplement Global Public Health Security

2017 ◽  
Vol 8 (4) ◽  
pp. 658-685
Author(s):  
Mark L FLEAR
Keyword(s):  
Public Health ◽  
Decision Making ◽  
Human Rights ◽  
Global Public Health ◽  
Health Security ◽  
Institutional Risk ◽  
Organisational Identity ◽  
Decision Making Processes ◽  
Scientific Technical ◽  
Multiple Levels

AbstractCritiques of global public health security (GPHS) and proposed solutions tend to overlook the potential of the individuals and groups that are subject to and governed by GPHS – “the governed” – to contribute their “on the ground” knowledge and experience to decision-making in order to improve regulatory responses. This article argues for the development of a more reflexive approach as a way of ensuring the epistemic integration of these knowledges with the scientific-technical knowledges that currently dominate decision-making processes. I identify human rights as the conceptual lens that is most likely to enable reflexivity by the governed and regulators, and understanding and communication between them. The governed can use perceived or actual breaches of human rights to articulate “on the ground” knowledges as institutional risks to reputation and standing and, in turn, threaten the production and legitimation of organisational identity, socio-political orders and projects of rule. The particular sensitivity of regulators to these risks could compel epistemic integration. This more reflexive approach to GPHS promises to improve the knowledge base, efficacy, accountability and legitimacy of decision-making at multiple levels: WHO, EU, national and “on the ground”.

scholarly journals Examining National Public Health Law to Realize the Global Health Security Agenda

2017 ◽  
Vol 25 (2) ◽  
pp. 240-269 ◽  
Author(s):  
Benjamin Mason Meier ◽  
Kara Tureski ◽  
Emily Bockh ◽  
Derek Carr ◽  
Ana Ayala ◽  
...  
Keyword(s):  
Public Health ◽  
Global Health ◽  
Health Law ◽  
Global Health Security ◽  
Public Health Law ◽  
Health Security ◽  
National Public Health ◽  
Global Health Security Agenda

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.

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