2. Public Health and the State–Patient Relationship

Author(s):  
G. T. Laurie ◽  
S. H. E. Harmon ◽  
E. S. Dove

This chapter orients medical law in the broader context of public and community health, emphasising the human rights components of health promotion, health protection and the management of threats to the community through a variety of legal frames, as well as the role of physicians for good and ill.

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier

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.”


2011 ◽  
Vol 39 (S1) ◽  
pp. 98-101 ◽  
Author(s):  
Denise Chrysler ◽  
Harry McGee ◽  
Janice Bach ◽  
Ed Goldman ◽  
Peter D. Jacobson

The Michigan Department of Community Health (MDCH) stores almost 4 million dried blood spot specimens (DBS) in the Michigan Neonatal Biobank. DBS are collected from newborns under a mandatory public health program to screen for serious conditions. At 24 to 36 hours of age, a few drops of blood are taken from the baby’s heel and placed on a filter paper card. The card is sent to the state public health laboratory for testing. After testing, MDCH retains the spots indefinitely for the personal use of the patient and also, pursuant to a 2000 law, for possible research.


2017 ◽  
Vol 7 (2) ◽  
pp. e1806 ◽  
Author(s):  
Kari Tove Elvbakken

This article explores the role of food control in the professionalization of veterinarians in Norway. Veterinarians became engaged in public health through food control and market inspection, which were the responsibility of Norway’s city boards of health from the 1860s. Food inspection served a double purpose: to ensure honest trade and to maintain the safety of food. I argue that food control, which was associated with cities’ efforts to secure public health and order, was important to the legitimacy of the veterinarian profession. This activity is not what one today sees as a core practice of veterinarians, which is the prevention and curing of animal sickness. Exploring boundary activities at the fringes of a profession, and especially activity connected to the city and the state, may shed light on the more general sources of professional influence and legitimacy in the Norwegian profession state.


Author(s):  
Mélissa Généreux ◽  
Mathieu Roy ◽  
Tracey O’Sullivan ◽  
Danielle Maltais

In July 2013, a train carrying crude oil derailed in Lac-Mégantic (Canada). This disaster provoked a major fire, 47 deaths, the destruction of 44 buildings, a massive evacuation, and an unparalleled oil spill. Since 2013, Public Health has undertaken several actions to address this challenging situation, using both quantitative and qualitative methods. Community-based surveys were conducted in Lac-Mégantic in 2014, 2015 and 2018. The first two surveys showed persistent and widespread health needs. Inspired by a salutogenic approach, Public Health has shifted its focus from health protection to health promotion. In 2016, a Day of Reflection was organized during which a map of community assets and an action plan for the community recovery were co-constructed with local stakeholders. The creation of an Outreach Team is an important outcome of this collective reflection. This team aims to enhance resilience and adaptive capacity. Several promising initiatives arose from the action plan—all of which greatly contributed to mobilize the community. Interestingly, the 2018 survey suggests that the situation is now evolving positively. This case study stresses the importance of recognizing community members as assets, rather than victims, and seeking a better balance between health protection and health promotion approaches.


Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 350
Author(s):  
Rendy Ardy Septia Yuristara

Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.


2018 ◽  
Vol 7 (2) ◽  
pp. 23 ◽  
Author(s):  
Felipe Schmidt

<p class="resumo"><strong>Resumo</strong>: O estudo trata da disciplina do acordo amigável entre o peticionário e o Estado-parte no âmbito da Comissão Interamericana de Direitos Humanos e das características dessa avença (previsão, natureza jurídica, oportunidade, procedimento, papel da Comissão, obrigatoriedade ou não) e medidas adotadas em caso de êxito ou insucesso.</p><p class="resumo"><strong>Palavras-chave: </strong>Acordo Amigável, Sistema Interamericano de Direitos Humanos, Convenção Americana de Direitos Humanos, Comissão Interamericana de Direitos Humanos.</p><p class="resumo"> </p><h3>BRIEF NOTES ON THE FRIENDLY SEETLEMENT IN THE INTER-AMERICAN COMISSION OF HUMAN RIGHTS</h3><div><p class="abstractCxSpFirst"><strong>ABSTRACT </strong>The study deals with the friendly seetlement between the petitioner and the State party within the framework of the Inter-American Commission on Human Rights and the characteristics of this agreement (foreseeing, legal nature, timing, procedure, role of the Commission, mandatory or not) and measures adopted on success or failure).</p><p class="abstractCxSpLast"><strong>Keywords: </strong>Friendly Seetlement, Inter-american Human Rights System, American Convention on Human Rights, Inter-american Comission of Human Rights.</p></div>


2006 ◽  
Vol 28 (2) ◽  
pp. 168-172 ◽  
Author(s):  
Rebecca Armstrong ◽  
Jodie Doyle ◽  
Chris Lamb ◽  
Elizabeth Waters

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