Alternatives for the enforcement of the right to health in Brazil

2014 ◽  
Vol 23 (3) ◽  
pp. 318-327 ◽  
Author(s):  
Carla AA Ventura ◽  
Rubens C Junior ◽  
Murillo S Gutier ◽  
Isabel AC Mendes
Keyword(s):  
Social Participation ◽  
Universal Access ◽  
Right To Health ◽  
Health Policies ◽  
Human Beings ◽  
The Public ◽  
Universal Healthcare ◽  
Unified Health System ◽  
The Right ◽  
Judicialization Of Health

In this article, the right to health is discussed as a social right and an essential requisite in the construction and guarantee of human rights, more precisely human dignity, considering this right as a complex but effective process in the transformation of the social reality. In the first place, the activities of the public power and its difficulties to guarantee universal access to health are highlighted. This scenario ends up inhibiting the practice of the right to health and prevents users from enjoying and using it. In that sense, this article challenges and explores some alternatives to solidify and put in practice the right to health in Brazil. Departing from the analysis of the Unified Health System (SUS) and social participation in Brazil, this article discusses the judicialization of health in the country, highlighting the difficulties the State faces to equitably offer universal healthcare to society. This context offers an opportunity for reflection and a paradigm change, from the “judicialization of health” to the “judicialization of health policies.” Finally, the public health policies adopted by other countries are emphasized, in the attempt to construct the empowerment of human beings in the practice of their rights, particularly social participation and the discussion about the States’ responsibility to put their citizens’ right to health in practice. In conclusion, the political and collective construction of the right to health needs to be encouraged, distinguishing the legitimate interests of the different interlocutors involved.

scholarly journals Brazilian Unified Health System and democracy: nursing in the context of crisis

2018 ◽  
Vol 71 (4) ◽  
pp. 2066-2071 ◽  
Author(s):  
Janieiry Lima de Araújo ◽  
Rodrigo Jácob Moreira de Freitas ◽  
Maria Vilani Cavalcanti Guedes ◽  
Maria Célia de Freitas ◽  
Ana Ruth Macedo Monteiro ◽  
...  
Keyword(s):  
Public Health ◽  
Health System ◽  
Political Action ◽  
Right To Health ◽  
Health Policies ◽  
Public Health Policies ◽  
Unified Health System ◽  
Neoliberal Reforms ◽  
Democratic Stability ◽  
The Right

ABSTRACT Objective: to discuss, taking for reference the crisis in Brazil and its impact on public health policies, the insertion of Brazilian nursing in that context and its ways of practicing the profession, based on the study about the politicality of care. Method: the reflection is divided into two topics, the first is about public policies, the Brazilian Unified Health System and the deconstruction of the right to health with neoliberal offensive; and the second is about the nursing political action in the fight for the right to health and for democracy. Final considerations: we emphasize that nursing must assume its sociopolitical role to contribute to the construction of a better and fairer Brazil, saying no to neoliberal reforms, as well as fighting for rights already acquired and for the resumption of the democratic stability in the country.

scholarly journals Consecuencias políticas e institucionales de la judicialización de la salud en Brasil y Colombia: un análisis comparado

2020 ◽  
pp. 64-75
Author(s):  
Luciana Souza d’Ávila ◽  
Eli Iola Gurgel Andrade ◽  
Fernando Mussa Abujamra Aith
Keyword(s):  
Literature Review ◽  
Right To Health ◽  
Health Policies ◽  
The Political ◽  
Structural Reforms ◽  
Institutional Effects ◽  
New Institutions ◽  
The Right ◽  
Judicialization Of Health

El objetivo de este artículo es analizar las consecuencias políticas e institucionales de la judicialización de la salud en Brasil y Colombia. Para esto, se realizó una revisión de la literatura, basada en referencias relacionadas con las políticas en salud y judicialización de los países. La salud es un derecho reconocido en Brasil y en Colombia, mas hay diferencias entre los sistemas de salud y jurídicos. Los problemas de acceso han provocado el aumento de las acciones judiciales, lo que lleva a efectos políticos e institucionales. En Brasil, fueron realizadas audiencias públicas; conformados grupos de interés y creadas nuevas instituciones en el poder executivo y en el judiciario. En Colombia, fueron instituidas políticas y reformas estructurales importantes. Se espera que los resultados contribuyan para las discusiones de las políticas y judicialización, con vistas a buscarse la efectuación de lo derecho a la salud en los dos países.   This paper aims to analyze the political and institutional consequences of the judicialization of health in Brazil and Colombia. For that, it was accomplished a literature review, based on references in health policies and judicialization in both countries. Health is a right recognized in Brazil and in Colombia, but there are differences between the health and juridical systems. Problems of access has induced growth of judicial processes, what lead to political and institutional effects. In Brazil, it was fulfilled public audiences; shaped interests groups and created new institutions in executive and judiciary branches. In Colombia, it was instituted policies and structural reforms. We hope that the results contribute to the discussions about policies, judicialization and the search for the right to health in the countries.

scholarly journals A multiprofessional perspective on the principal barriers to universal health coverage and universal access to health in extremely poor territories: the contributions of nursing

2016 ◽  
Vol 24 (0) ◽  
Author(s):  
Viviane Helena de França ◽  
Celina Maria Modena ◽  
Ulisses Eugenio Cavalcanti Confalonieri
Keyword(s):  
Universal Health Coverage ◽  
Universal Access ◽  
Universal Coverage ◽  
Right To Health ◽  
Health Coverage ◽  
Education Professionals ◽  
Unified Health System ◽  
Access To Health ◽  
The Right ◽  
Universal Health

Objective: to investigate the knowledge of managers and health professionals, social workers and education professionals regarding the principal barriers to universal health coverage and universal access to health on the part of the extremely poor population; and to point to the contributions made by nursing for the promotion of this right. Method: a qualitative study whose reference was, for ensuring the right to health, the reorientation of the Brazilian Unified Health System (SUS) towards universal coverage and access in these territories. Interviews were held with 27 members of the multi-professional team of a municipality with high social vulnerability. The data were worked on using thematic content analysis. Results: the following were ascertained as the principal barriers to universal health coverage and access to health: failures in the expansion and strengthening of the services; absence of diagnosis of the priority demands; shortage of technology, equipment, and material and human resources; poor local infrastructure; and actions with low resolutive power and absence of interdepartmental policies. Within the multi-professional team, nursing acts in the SUS in unique health actions and social practices in these territories, presenting an in-depth perspective on this harsh reality, being able to contribute with indispensable support for confronting these disparities in universal health coverage and universal access to health. Conclusion: nursing's in-depth understanding regarding these barriers is essential for encouraging the processes reorienting the SUS, geared towards equality in the right to health.

scholarly journals Cultural mediators are needed to fulfill Right to health for all

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
M Magnusson ◽  
I-Z Jama
Keyword(s):  
Public Health ◽  
Health Care ◽  
Life Style ◽  
Right To Health ◽  
Healthy Life ◽  
The Public ◽  
Cultural Mediators ◽  
Healthy Life Style ◽  
The Right ◽  
Health Planner

Abstract The Right to health framework supports available, accessible and acceptable health care of high quality for all (AAAQ). Health of migrants often worsen in the new country. AAAQ may be hindered by poverty, discrimination, health cares' shortcomings and misunderstandings, respectively. Advocating for marginalised groups' Right to health include action. Interventions based on shared influence, participation and control need to be launched. Cultural mediators (CM), i.e. persons that are knowledgeable in both cultures and with networks in migrant groups help overcome lingual problems, lack of trust and uneven power relations. This resource needs to be further examined. How can a CM strengthen AAAQ in a public health setting? Women with Somalian origin living in an underserved neighborhood in Sweden contacted the Public Health Unit of a local hospital, asking for support for a health focused group-activity. Weight loss after delivery was a primary concern. Women gathered monthly 2018-19. The objective was to support healthy life style habits drawing on issues raised by the women. The intervention was conducted by group talks, led by the CM and a public health planner. Methods were based on Social Cognitive Theory focusing on self-efficacy. The CM recruited women, helped them to find the venue, encouraged them to trust the public health planner and broadened perspectives to include female genital mutilation, children's food, how to seek care and workforce issues. Trust developed over time. 70 women participated. Reported gains were raised awareness of ones' rights, increased self-efficacy in relation to food, physical activity and how to support children to a healthy life style. Support for a healthy lifestyle was made more available, accessible and acceptable by the cooperation with the CM, as was the quality of the support. A CM bridges distances regarding spoken language, trust and cultural understanding. S/he puts forward perspectives and needs from the group in question Key messages The Right to health framework highlights areas that need to be in focus when advocating for health equity. Health care workers in settings with many migrants should strive to include cultural mediators in planning, execution and evaluation of interventions.

scholarly journals Access to treatment for phenylketonuria by judicial means in Rio Grande do Sul, Brazil

2015 ◽  
Vol 20 (5) ◽  
pp. 1607-1616 ◽  
Author(s):  
Luciano Mangueira Trevisan ◽  
Tatiele Nalin ◽  
Tassia Tonon ◽  
Lauren Monteiro Veiga ◽  
Paula Vargas ◽  
...  
Keyword(s):  
Genetic Diseases ◽  
Rio Grande ◽  
Right To Health ◽  
The State ◽  
Rio Grande Do Sul ◽  
Access To Treatment ◽  
Unified Health System ◽  
Department Of Health ◽  
Legal Remedy ◽  
The Right

Treatment of phenylketonuria (PKU) includes the use of a metabolic formula which should be provided free of charge by the Unified Health System (SUS). This retrospective, observational study sought to characterize judicial channels to obtain PKU treatment in Rio Grande do Sul (RS), Brazil. Lawsuits filed between 2001- 2010 and having as beneficiaries PKU patients requesting treatment for the disease were included. Of 20 lawsuits filed, corresponding to 16.8% of RS patients with PKU, 19 were retrieved for analysis. Of these, only two sought to obtain therapies other than metabolic formula. In all the other 17 cases, prior treatment requests had been granted by the State Department of Health. Defendants included the State (n = 19), the Union (n = 1), and municipalities (n = 4). In 18/19 cases, the courts ruled in favor of the plaintiffs. Violation of the right to health and discontinuation of State-provided treatment were the main reasons for judicial recourse. Unlike other genetic diseases, patients with PKU seek legal remedy to obtain a product already covered by the national pharmaceutical assistance policy, suggesting that management failures are a driving factor for judicialization in Brazil.

scholarly journals How to uphold a Human Right in the World and Indonesia? A Book Review Hukum Hak Asasi Manusia, Rahayu Hartini, Badan Penerbit Universitas Diponegoro, Semarang, 2015, 408 Pages, ISBN 978-979-70490-6-5

2021 ◽  
Vol 3 (1) ◽  
pp. 117-122
Author(s):  
Mohammad Yufi Al Izhar
Keyword(s):  
Human Rights ◽  
Class Group ◽  
Law Students ◽  
Human Beings ◽  
Human Rights Law ◽  
Human Right ◽  
The Public ◽  
The World ◽  
The Right

Human Rights are basically universal and their rights cannot be taken and revoked by anyone. This is interpreted no matter how bad a person's behavior, a person will still be considered as human as they should be, and will continue to have their rights as human beings, which means that their human rights are inherent and will always be permanently attached to him. Human Rights (HAM) are believed to be the right of life naturally possessed by every human being without exception and a special human thing such as class, group, or social level. Human Rights have basically been championed by humans in all parts of the world throughout the ages. The book written by Prof. Dr. Rahayu, which is very intended for both Faculty of Law students and non-Faculty of Law students, provides an answer to the doubts of the public regarding Human Rights that actually occur in Indonesia and internationally. She also explained the meanings of the struggle of each country that issued their public opinion in the interest of the International, this meant that something that happened in the international arena was certainly a collection of perceptions of settlement within a country. Therefore, Human Rights Law cannot be separated from the main supporting factors which are the material of the countries that make the agreement.

scholarly journals The Impact Of Environmental Degradation On Human Health And Its Relevance To The Right To Health Under International Law

2016 ◽  
Vol 12 (10) ◽  
pp. 485
Author(s):  
Maryam Ishaku Gwangndi ◽  
Yahaya Abubakar Muhammad ◽  
Sule Musa Tagi
Keyword(s):  
International Law ◽  
Human Health ◽  
Environmental Degradation ◽  
Energy Use ◽  
Right To Health ◽  
Human Beings ◽  
Natural Habitats ◽  
Many Sources ◽  
The Right ◽  
The Impact

When natural habitats are destroyed or natural resources are depleted the environment is degraded. Environmental degradation results from factors such as urbanisation, population growth, intensification of agriculture, rising energy use and transportation, climate change, pollutions arising from many sources such as technological activities. It is explored that as a result of the dynamic interplay of socio-economic factors and technological activities amongst many other factors, these have devastating consequences on human health. Thus environmental degradation consequences affect the health and the right to health of the people. Using the doctrinal method of research, we examine the confluence of environmental degradation and health from a rights perspective. An unhealthy environment possess health hazards consequently a violation of the right to health. The article recommends that states’ obligation under international law to protect the right to health should be enforceable. Human beings are entitled to right to health even as the environment needs to be protected from activities which cause environmental degradation.

Diritto alla salute, equità e governance delle malattie neglette e della povertà / Right to health, equity and governance of neglected diseases and poverty

2016 ◽  
Vol 65 (4) ◽  
pp. 477-493
Author(s):  
Elena Mancini
Keyword(s):  
Neglected Tropical Diseases ◽  
Universal Access ◽  
International Health ◽  
Right To Health ◽  
Martha Nussbaum ◽  
Neglected Diseases ◽  
Amartya Sen ◽  
Justice In Health Care ◽  
The Right ◽  
The Impact

L’articolo esamina la salute quale diritto umano fondamentale nelle principali Carte internazionali. Sarà in particolare ricostruito il percorso storico-concettuale che ha portato al riconoscimento della natura complessa e inclusiva del diritto alla salute. Il fallimento delle politiche sanitarie mirate a sconfiggere singole malattie - come avvenuto nel caso della malaria - ha imposto una maggiore attenzione verso i determinanti sociali della salute, dando origine ad un processo che ha portato a concepire la salute quale problema di equità internazionale la cui soluzione richiede la realizzazione di condizioni sociali, economiche e ambientali e la promozione di libertà umane fondamentali. Il diritto a godere del più alto livello di salute ricomprende oltre al diritto all’accesso a cure mediche e a farmaci di qualità, anche la disponibilità di misure igieniche, di corrette informazioni sanitarie e la protezione di libertà fondamentali quali la libertà dall’esclusione sociale e il possesso di titoli per l’accesso concreto alle cure essenziali primarie. Viene proposta una interpretazione dei diversi modelli di giustizia sanitaria elaborati per l’individuazione delle priorità nella utilizzazione delle risorse sanitarie, nella pianificazione degli interventi anche a livello internazionale e per la valutazione dei risultati da questi conseguiti in termini di equità e di protezione dei diritti umani. Sono esaminati gli indicatori e i parametri utilizzati per monitorare la progressiva realizzazione del diritto alla salute e l’efficacia degli interventi internazionali nel promuovere l’accesso universale alle cure con particolare attenzione alle strategie di contrasto delle malattie neglette e della povertà. In particolare viene illustrato il modello delle libertà sostanziali quali “capacitazioni” teorizzato da Amartya Sen e sviluppato da Martha Nussbaum nelle sue possibili applicazioni nell’ambito dell’accesso universale alle cure e delle possibili linee di azione della solidarietà internazionale.----------The aim of this article is to study health as a fundamental right in the main International Charters. We want to underline the historical and conceptual way that led to the recognition of the complex and inclusive nature of right to health. The failure of some sanitary policies supposed to defeat some illnesses – as it happened for malaria fever – obliged to give a better attention towards the social and economic determinants of health and consider the process that led to a new meaning of health: health as a problem of international equity. To realize this goal, is necessary, first of all, to understand social, economic and environmental conditions and to promote fundamental human freedoms. The right to enjoy a good level of health means not only to have the right to access to medical treatments or to high qualities medicines, but also to have a high level of sanitary measures and a correct sanitary information and to enjoy the right of freedom in order to avoid social exclusion and to obtain the access to primaries health treatment. In this article there is a proposal to help a better interpretation of the different models of justice in health care which are supposed to define equity in allocating main resources that are necessary to the international planning of the interventions. The results reached by international health policies are evaluated with regard to equity and protection of human rights. This proposal analyses the indicators and the parameters used to realize and control the progressive realization of the right to health and the impact of the international interventions used in order to promote a universal access to treatments; in particular it examines the strategies used against the neglected tropical diseases. In details it explains the model of substantial freedoms as capabilities, as it has been theorized by Amartya Sen and developed by Martha Nussbaum, used in their possible applications with regards to universal access to treatments and also to feasible international solidarity actions.

Sign in / Sign up

Export Citation Format

Share Document