Children’s Health Rights and Gender Issues

2018 ◽  
pp. 382-424
Author(s):  
Mariana Büchner-Eveleigh ◽  
Annelize Nienaber

Included in the Convention on the Rights of the Child, 1989 (UN Children's Convention) is the right of children to the highest attainable standard of health. In terms of article 4 of the UN Children's Convention, in implementing the UN Children's Convention state parties must "undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the present Convention". South Africa showed its commitment to protecting and promoting children's health when it ratified the UN Children's Convention and subsequently adopted the Constitution of the Republic of South Africa, 1996, which includes provisions guaranteeing the health rights of children. South Africa also showed commitment to giving legislative effect to the protection and promotion of children's health by promulgating the National Health Act 61 of 2003, the Children's Act 38 of 2005 and the Mental Health Care Act 17 of 2002. The article evaluates existing policy and legislation affecting child health in order to assess how well South African legislation addresses the issue of children's healthcare rights and whether or not it complies with its international law and constitutional obligations in this regard. The article concludes that although much legislation exists, none provides comprehensively for children's healthcare rights, and there are many gaps in existing legislation. Most importantly, there is no reference to the core minimum requirements for the state in providing for the health of children, particularly in the way of healthcare services and nutrition. Further, there is a complete lack of legislation which protects the health needs of children with disabilities. In order to ensure that the health rights of children are protected and promoted, we propose more comprehensive legislative protection.


2020 ◽  
Vol 8 (1) ◽  
pp. 774-780
Author(s):  
Naimah ◽  
Soesilo

The purpose of this study: The purpose is to produce a discussion about the pattern of legal protection and the obstacles faced by the Lumajang Regency government to guarantee children's health rights to snacks for school children. The research method: The method used is sociological juridical research data were collected using literature study, and the Field in the form of observations, interviews. This research is located in Lumajang Regency, where the object is related institutions to support the completeness of government data in the area of efforts to provide legal protection for children's health rights from the dangers of school snacks. Main Findings: This research is, first, the legal protection of snacks for school children have binding legal force, secondly, to protect children against the health of school children who are not healthy Lumajang district government has several obstacles, including the lack of optimal coordination between the school and the government, in this case, the Community Health Centers (Puskesmas), the existence of street vendors outside the school canteen making it difficult to control both the government and the school, lack of awareness of businesses about the importance of food safety, nutrition and quality, there are no specific and detailed guidelines relating to Healthy Snacks in Schools in Lumajang Regency. Applications: This research is intended to increase knowledge in the field of law and policy in the field of child health and useful for the study of child consumer protection. Novelty/Originality: This research has never been carried out before, especially those located in Lumajang Regency, basic information on strong legal protection is beneficial for the community to feel safe consuming school snacks and can be used as a legal basis for accountability if found school snacks that are not safe for consumption, also need guidelines specifically for the people of Lumajang to suit their conditions.


SASI ◽  
2021 ◽  
Vol 27 (2) ◽  
pp. 187
Author(s):  
Veriena Joseva B Rehatta ◽  
Wilshen Leatemia ◽  
Tomy Palijama

Many challenges that can affect children's health, including access to health services, health disparities, social, cognitive, and emotional factors both in the family and society, environmental factors, especially poverty, and of course the Covid-19 virus are the main problems today. This study aims to see how the role of ambon city government in dealing with health problems in children during the Covid-19 pandemic and how the role and responsibility of the community in looking at health development in children during the Covid-19 pandemic. This research was conducted using a juridical approach emperis which is a descriptive study of qualitative analysis. The research seeks to illustrate how the Fulfillment of Children's Health Rights in Ambon City During the Covid-19 Pandemic. The workings of empirical juridical or sociological juridical methods in this research proposal are from the results of the collection and discovery of data and information through literature studies on the assumptions or basic assumptions used in answering the problems in this research, then conducted inductive-verifikative testing on the latest facts contained in society. The results of this study indicate that in the handling of the Covid-19 Pandemic children in Ambon, it went well according to the Health protocol, as well as the services provided by the health officers at the puskesmas and the Ambon City Health Service to the exposed children, all were examined and treated properly. But there are also parents who do not bring their children to do an examination if they feel symptoms of Covid-19. Therefore, the status of being exposed to Covid-19 in children is not so much because of the fear of parents to have their children checked.


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