Ebola and Human Rights

2016 ◽  
Vol 42 (2-3) ◽  
pp. 333-355 ◽  
Author(s):  
George J. Annas

In public health practice, the concepts of health and safety are often conflated. However, protecting and promoting health is radically different from protecting and promoting safety. Since 9/11, the distinctions between health and safety have changed and are in the process of merging. In our terrorism-obsessed world, public health has been increasingly militarized and enlisted, often without protest, into the service of protecting the safety of the public and the security of the nation. But safety and security are the proper purposes of law enforcement and the military, not of public health. More importantly, using public health to combat terrorism is often counterproductive to the population's health, and undermines human rights. Using the Ebola epidemic of 2014, this Article suggests how the post-9/11 reframing of public health goals as including disaster preparedness and counterterrorism, and the new military metaphors we have adopted to describe public health, have deformed our public health agencies, and have made them less trusted by the public. In turn, these agencies are therefore less able to prevent and respond to new infectious diseases. The United States' response to Ebola gives us an opportunity to reconsider the merger of public health and public safety domestically and globally. This Article suggests that a deeper commitment to human rights, especially to the right to health, has the theoretical and practical strength to act as a countervailing force and refocus public health on the health of populations rather than on safety and national security.

Author(s):  
Ginette Wessel

Beginning in 2008, city policymakers across the nation became increasingly involved in regulatory debates and policy revisions surrounding mobile food vending. Despite vendors’ abilities to reactivate neglected urban areas and increase food access for underserved neighborhoods, many issues related to unfair competition, public health and safety, and prejudices continue to dominate regulatory frameworks that limit vendors’ entrepreneurial freedoms and spatial opportunities. Using three regulatory conflicts between food vendors and policymakers, this chapter highlights the motivating factors that can guide regulatory decision-making and the ways vendors destabilize and shape formal mechanisms of regulatory control. Topics include public health, restaurant protectionism, and cultural injustice at both state and city levels. This research suggests that despite rigid regulatory policies and the variety of economic, social, and political factors that influence governments’ responses to mobile food vending, active municipal investment in the public realm combined with vendors’ grassroots efforts can generate just policies. The chapter concludes with a discussion on the significance of vendor advocacy and the supportive roles of food vending organizations across the United States to illustrate the ways vendors increase social justice in cities.


Author(s):  
Tobin John ◽  
Barrett Damon

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.


2021 ◽  
pp. 273-290
Author(s):  
Carmel Williams ◽  
Alison Blaiklock ◽  
Paul Hunt

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.


Author(s):  
John Tobin ◽  
Damon Barrett

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.


2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Jonathan Pugh

Abstract In response to the SARS-CoV-2 coronavirus pandemic the UK government has passed the Coronavirus Act 2020 (CA). Among other things, this act extends existing statutory powers to impose restrictions of liberty for public health purposes. The extension of such powers naturally raises concerns about whether their use will be compatible with human rights law. In particular, it is unclear whether their use will fall within the public heath exception to the Article 5 right to liberty and security of the person in the European Convention of Human Rights. In this paper, I outline key features of the CA, and briefly consider how the European Court of Human Rights has interpreted the public health exception to Article 5 rights. This analysis suggests two grounds on which restrictions of liberty enforced some under the CA might be vulnerable to claims of Article 5 rights violations. First, the absence of specified time limits on certain restrictions of liberty means that they may fail the requirement of legal certainty championed by the European Court in its interpretation of the public health exception. Second, the Coronavirus Act’s extension of powers to individuals lacking public health expertise may undermine the extent to which the act will ensure that deprivations of liberty are necessary and proportionate.


2014 ◽  
Vol 9 (1) ◽  
pp. 59-63 ◽  
Author(s):  
Pauline Lubens

AbstractJournalists and health professionals share a symbiotic relationship during a disease outbreak as both professions play an important role in informing the public’s perceptions and the decisions of policy makers. Although critics in the United States have focused on US reporters and media outlets whose coverage has been sensationalist and alarmist, the discussion in this article is based on the ideal—gold standard—for US journalists. Journalists perform three primary functions during times of health crises: disseminating accurate information to the public, medical professionals, and policy makers; acting as the go-between for the public and decision makers and health and science experts; and monitoring the performance of institutions responsible for the public health response. A journalist’s goal is to responsibly inform the public in order to optimize the public health goals of prevention while minimizing panic. The struggle to strike a balance between humanizing a story and protecting the dignity of patients while also capturing the severity of an epidemic is harder in the era of the 24-7 news cycle. Journalists grapple with dueling pressures: confirming that their information is correct while meeting the demand for rapid updates. Just as health care professionals triage patients, journalists triage information. The challenge going forward will be how to get ahead of the story from the onset, racing against the pace of digital dissemination of misinformation by continuing to refine the media-science relationship. (Disaster Med Public Health Preparedness. 2014;0:1-5)


2020 ◽  
Vol 45 (6) ◽  
pp. 907-920 ◽  
Author(s):  
Harold A. Pollack

Abstract The United States is now experiencing public health catastrophe on a scale not seen for more than a century. COVID-19 puts into stark relief the mutual obligations that reflect interdependence among participants in a common society. Drawing on the work of Amartya Sen concerning famine and related challenges, the author discusses the accompanying implications for social justice. Social justice in catastrophe requires strong social insurance structures and legal protections for the most vulnerable people, who would otherwise lack economic resources and political influence to protect their essential interests. Social justice also requires greater and more sustained attention to disaster preparedness and public health infrastructure—both of which are characteristically neglected, in part because the public health enterprise is identified with politically weak and often stigmatized populations.


2009 ◽  
Vol 7 (3) ◽  
pp. 452-463 ◽  
Author(s):  
Tracynda L. Davis ◽  
Jon H. Standridge ◽  
Alan J. Degnan

Water parks are a rapidly growing element of the United States tourist industry. To reduce incidence of abrasion and impact injuries in such parks, designers are searching for padding materials that can withstand the harsh oxidative environments of chlorinated water. Although padded features help reduce physical injuries, they may also compromise the microbiological safety of water attractions. This study describes bacteriological testing performed on 31 different pad materials, play features and pools from 10 Wisconsin water parks. Materials and surrounding pool waters were sampled and tested quantitatively for total coliforms, Escherichia coli, E. coli 0157:H7, enterococci, staphylococci, heterotrophic bacteria, and Pseudomonas aeruginosa, using standard methods. Each location was sampled during three visits, and results were averaged. Pool waters were within acceptable levels of target organisms and disinfectant residuals, but target organisms were found on water features, even those submerged in chlorinated water. Bacteria were detected more frequently in pools using pad materials compared with pools without. These findings provide data that will help the public health community understand the relations between designs, materials and maintenance of water features. Additionally, the information will help state regulators and owner/operators develop guidelines to improve public health and safety at water parks.


2021 ◽  
Vol 111 (S3) ◽  
pp. S201-S203
Author(s):  
Nolan Kline ◽  
Marco Antonio Quiroga

Structural racism is a root cause of poor health in the United States and underlies COVID-19–related disparities for Black and Latinx populations. We describe how one community-based organization responded to structural racism and COVID-19 in Florida. Informed by the literature on how public health practice changed from emphasizing prevention (Public Health 1.0) to collaboration between governmental and public health agencies (Public Health 2.0) and examining social determinants of health (Public Health 3.0), we call for a politically engaged Public Health 4.0. (Am J Public Health. 2021;111(S3):S201–S203. https://doi.org/10.2105/AJPH.2021.306408 )


LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
Lily Srivastava

Laws are an essential tool for improving public health capacity and thus for their public health outcomes. Effective responses to emerging threats and the attainment of public health goals require that the International world, States, their governments and partner organizations be legally prepared. Public health law focuses on the nexus between law, public health and the legal tools applicable to public health issues. The second part of the research paper attempts to analysis of the existing National and International guidelines, and Legislations in relation to health policy of India and access the need for a rights sensitive legislation. Third part of the research papers explores the judicial contribution in establishing right to health as basic human rights. Fourth part compares Indian health rights with some other countries. Finally the research paper suggests some recommendations that exists for a contemporary framework with proper implementation to address this issue


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