Children and adolescents with cancer: vulnerabilities and implications on the right to health

2021 ◽  
Vol 42 ◽  
Author(s):  
Elisangela Argenta Zanatta ◽  
Ketelin Figueira da Silva ◽  
Clarissa Bohrer da Silva ◽  
Maria Luiza Bevilaqua Brum ◽  
Maria da Graça Corso da Motta
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Children And Adolescents ◽  
Chronic Diseases ◽  
Thematic Analysis ◽  
Right To Health ◽  
Support Networks ◽  
Health Care Network ◽  
The Right ◽  
Health Rights

ABSTRACT Objective To know situations of vulnerabilities experienced by children and adolescents with cancer and their implications on health rights. Method A qualitative study, developed from 2017 to 2018, in two Santa Catarina hospitals. The interviewees were 11 family members of children/adolescents with cancer, a prevalent chronic disease identified in hospitalizations in 2017. A descriptive and thematic analysis was carried out based on the vulnerability and human rights framework. Results Among the chronic diseases, cancer was prevalent. Vulnerability situations were discussed considering the trajectories in the health care network, the challenges facing the care routine and the support networks for the exercise of the right to health. Final considerations Chronic diseases such as cancer require timely, decisive and effective responses from the health system with a view to maintaining human rights.

scholarly journals Perspectiva bioética del Trastorno por déficit de atención e hiperactividad (TDAH)

Bioderecho.es ◽  
2019 ◽  
Author(s):  
Diego José García Capilla ◽  
María José Torralba Madrid
Keyword(s):  
Health Care ◽  
Twentieth Century ◽  
Pharmaceutical Industry ◽  
Welfare State ◽  
Children And Adolescents ◽  
Right To Health ◽  
Critical Perspective ◽  
The Right ◽  
Siglo Xx ◽  
The Welfare State

La aparición del Estado del bienestar a mitad del siglo XX tuvo consecuencias sanitarias que culminan con el reconocimiento del derecho a la protección de la salud y el deber de asistencia sanitaria del Estado, con una extensión de la medicina a campos desconocidos, medicalizando la vida de las personas. El TDAH es un caso paradigmático, convirtiéndose en una patología psiquiátrica a partir de su inclusión en el DSM-III 1980, con inconsistencias y subjetividad en las clasificaciones. La etiología del trastorno es desconocida, su diagnóstico es subjetivo y dudoso, su tratamiento poco efectivo y con riesgos, incrementando el número de casos diagnosticados y los beneficios de la industria farmacéutica. Desde la Bioética se impone una reflexión sobre los posible daños derivados de la medicalización (no-maleficencia), una prudente actuación de los profesional (beneficencia), respeto al criterio de niños y adolescentes (autonomía) y una perspectiva crítica en relación con el gasto derivado de su diagnóstico (justicia). The emergence of the welfare state in the mid-twentieth century had health consequences that culminated in the recognition of the right to health protection and the duty of health care of the State, with an extension of medicine to unknown fields, medicalizing the life of people. ADHD is a paradigmatic case, becoming a psychiatric pathology due to its inclusion in the DSM-III 1980, with inconsistencies and subjectivity in the classifications. The etiology of the disorder is unknown, its diagnosis is subjective and doubtful, its treatment ineffective and with risks, increasing the number of cases diagnosed and the benefits of the pharmaceutical industry. From the Bioethics a reflection on the possible damages derived from the medicalization (nonmaleficence), a prudent action of the professional (beneficence), respect to the criterion of children and adolescents (autonomy) and a critical perspective in relation to the expense is imposed derived from his diagnosis (justice).

Sind Marktpreise gerecht?

2000 ◽  
Vol 22 (2) ◽  
Author(s):  
Heiner Michel
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Human Life ◽  
Supply And Demand ◽  
Right To Health ◽  
Social Recognition ◽  
Market Prices ◽  
Right To Health Care ◽  
The Right ◽  
Full Protection

AbstractThis article objects to two major economistic shortcomings of Philippe Van Parijs’s Real Freedom for All: (1) Van Parijs claims that market prices are the best metric for equal real freedom. This is challenged. Market prices admittedly are the best instrument for distributive purposes at hand. They are, however, a means of transport for supply and demand contingendes. Hence market prices are to be considered as an insufficient metric for equal freedom. (2) Van Parijs claims that Real Freedom for All is all there is to social justice. This claim is rejected. Despite its demanding egalitarian ambition, Real Freedom for All fails to protect a flourishing human life. Basic human rights like the right to social recognition and, in part, the right to health care are violated. Curiously even the right to autonomy is in want of full protection. These lacks are caused by the monetarism and the Straightforward market optimism of Real Freedom for All.

scholarly journals IMPLEMENTATION OF THE RIGHT TO HEALTH CARE IN THE COUNTRIES OF THE EUROPEAN UNION

2019 ◽  
Vol 72 (7) ◽  
pp. 1337-1342
Author(s):  
Yuliya Nazarko ◽  
Oleksandr Iliashko ◽  
Natalіa Kaminska
Keyword(s):  
Health Care ◽  
European Union ◽  
Human Rights ◽  
Social Relations ◽  
Legal Regulation ◽  
Right To Health ◽  
The European Union ◽  
Right To Health Care ◽  
Legal Standards ◽  
The Right

Introduction: The right to health is exercised through a complex system of state and social measures of legal, economic, social, scientific, cultural, educational, organizational, technical, sanitary and hygienic nature, aimed at preserving and improving the health of people , lengthening the life expectancy and working capacity, creating good living and working conditions, providing physical and mental development for children and young people, and preventing and managing illnesses and their treatment. The aim: Investigate the international legal and constitutional legal regulation of the right to health care in the countries of the European Union. Materials and methods: The article analyzes the Constitution of the European Union, a number of international legal acts and judgments of the European Court of Human Rights. Review: Each country defines the conditions for realizing the right to health care, according to which people should be healthy, the state itself assumes the obligations of the controller and the protection of this right. These provisions should primarily be enshrined in the Basic Laws - the constitutions. The main direction of state policy in reforming social relations is the achievement of European international legal standards in all spheres of public life. These standards fix the principles, guarantees of norms that determine the scope of human rights, in particular the right to health care. Conclusions: The main problem of ensuring and realizing the right to health in the European Union, as in many countries, is the financing of this industry, because in general, it is impossible to talk about free medical care in the European Union. There are also problems in the field of investment in health care. The urgent issues of primary health care and public health and the elderly dependence period.

scholarly journals A Human Rights-Based Approach to Maternal and Child Health in Ethiopia: Does it Matter to Promote Health Equities?

2020 ◽  
Author(s):  
Solomon Tekle Abegaz
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Child Health ◽  
Maternal And Child Health ◽  
Health Care Services ◽  
Right To Health ◽  
Human Right ◽  
Care Services ◽  
The Right ◽  
And Child Health

A rights-based approach to health helps to address health equity gaps. While several aspects of health as a human right exist, this chapter highlights particular indicators relevant to shaping a human rights approach to maternal and child health in Ethiopia. These indicators include recognition of the right to health; national health plan; accessible and acceptable health-care services; accountability; and a civil society that draws on the agency of vulnerable groups. Probing the extent to which the Ethiopian health system includes these features, this chapter identifies that the Federal Constitution does not adequately recognize maternal and child health as a human right. While identifying the positive developments of increased access to women’s and children’s health-care services in Ethiopia, the chapter also charts problems that limit further improvement, including health workers’ inability from making the right health-care decisions; extreme gaps in ensuring accountability; and a restrictive law that restrains social mobilization for a proper health rights movement. The chapter concludes by providing recommendations to the government of Ethiopia that addressing these problems using a rights-based approach offers an alternative pathway for the progressive realization of the right to health of women and children, and it thereby improves health inequities in the country.

scholarly journals NEPRUŽANJE ZDRAVSTVENE SKRBI KAO POVREDA ČLANKA 3. EUROPSKE KONVENCIJE S POSEBNIM OSVRTOM NA PRAKSU SUDA U PREDMETIMA IZVAN KONTEKSTA ZADRŽAVANJA

2021 ◽  
Vol 37 (2) ◽  
pp. 83-104
Author(s):  
Maša Marochini Zrinski ◽  
Karin Derenčin Vukušić
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
European Convention ◽  
Political Rights ◽  
Right To Health Care ◽  
European Court ◽  
The Social ◽  
The Right ◽  
Political Character

The European Convention on Human Rights, as a main Council of Europe instrument for the protection of civil and political rights, does not guarantee the right to health care. However, the European Court of Human Rights broadly interprets Convention rights, and within the context of Articles 2, 3 and 8 of the Convention it gave certain indications that it might start dealing with the issue of health care. Without going into details of all the mentioned articles, this paper will analyse cases where the Court dealt with the issue of violation of Article 3 due to non-provision of health care outside the context of detention. Namely, within the context of detention, there is a clear obligation for states to provide health care, and the Court often relies on the reports of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. What we consider important to point out is the Court’s case-law on providing health care outside the context of detention, given the social character of the right to health care, which goes beyond the civil and political character of the Convention.

A Right to Health Care

2012 ◽  
Vol 40 (2) ◽  
pp. 268-285 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
Physical And Mental Health ◽  
Human Right ◽  
Economic Rights ◽  
Right To Health Care ◽  
The Right ◽  
International Conventions ◽  
Special Case

Do we have a legal and moral right to health care against others? There are international conventions and institutions that say emphatically yes, and they summarize this in the expression of “the right to health,” which is an established part of the international human rights canon. The International Covenant on Social and Economic Rights outlines this as “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health,” but declarations such as this remain tragically unfulfilled. According to recent figures, roughly two billion people lack access to essential drugs or to primary health care. Millions are afflicted by infections and illnesses that are easily avoidable or treatable. In the developing world many children die or grow stunted and damaged for lack of available treatments. Tropical diseases receive little or no attention by the major pharmaceutical companies’ research departments. Is this a massive violation of the right to health? And if so, why does it attract so little attention? Is it because our supposed commitment to human rights and the rule of law is hypocritical and hollow? Or is it because the right to health is a special case of a right, so that these tragedies are no violation at all? Jennifer Prah Ruger summarized this puzzle when she wrote: “one would be hard pressed to find a more controversial or nebulous human right than the right to health.” In this essay I discuss three different theories of a right to health care. I conclude by offering my own reconstruction of one such theory.

Humanitarian Bottom League? Sweden and the Right to Health for Undocumented Migrants

2010 ◽  
Vol 12 (2) ◽  
pp. 215-240 ◽  
Author(s):  
Shannon Alexander
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Asylum Seekers ◽  
Right To Health ◽  
International Human Rights Law ◽  
Undocumented Migrants ◽  
International Human Rights ◽  
Emergency Situations ◽  
International Human ◽  
The Right

AbstractICESCR article 12 generously grants “everyone” the right to the highest attainable standard of mental and physical health. Ironically, “everyone” is reduced to “most” when held up to scrutiny, but certainly includes migrants. Migrants are entitled to the full realization of the right to health regardless of their legal or immigration status. This realization is threatened as States restrict health care, via legal and financial means, in order to punish undocumented migrants and deter migration. One such State is Sweden where the recent “Law Concerning Health Care for Asylum Seekers and Others” caused one progressive Parliamentarian to lament that its restrictive policies regarding health care and undocumented migrants would put Sweden in the “humanitarian bottom league”. Indeed, Swedish legislation, practice and policy are generally inconsistent with its international human rights obligations towards undocumented migrants, asylum seekers and refugees and their right to health. Undocumented migrants are entitled to unsubsidized health care only in immediate and emergency situations. Care is difficult to access and prohibitively expensive in many cases. Asylum seekers and failed asylum seekers who are not in hiding are only entitled to subsidized maternity care, care that cannot wait or emergency care. Moreover, a lack of cultural competence amongst caretakers may have a detrimental impact on the quality of care given to these migrants. Consequently, Swedish practice and policy are often at odds with its international human rights law obligations. This threatens to relegate a State that has always been considered a member of the “humanitarian major league” to a one that wallows in the “humanitarian bottom league”.

The Right to Health in Relation to Human Rights

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
Lily Srivastava
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Research Paper ◽  
Right To Health ◽  
Health Issues ◽  
Research Papers ◽  
Indian Health ◽  
Health Goals ◽  
The Right ◽  
Health Rights

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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