scholarly journals The right to health and environment in times of social exclusion

2007 ◽  
Vol 15 (spe) ◽  
pp. 850-856 ◽  
Author(s):  
Liliana Angel Vargas ◽  
Thaís Fonseca Veloso de Oliveira ◽  
Júlia Arêas Garbois
Keyword(s):  
Social Exclusion ◽  
Environmental Degradation ◽  
Health Sector ◽  
Right To Health ◽  
The Political ◽  
Brazilian Society ◽  
Complex Problems ◽  
The Right ◽  
Theoretical Reflection

This article is a theoretical reflection on the trajectory of the right to health and to the environment in the political Brazilian scenario and in the health sector. It aims to discuss the possibilities of these rights to be effectively guaranteed, out of the rhetorical sphere, in order to structure a fairer and healthier society. We observed that the Brazilian scenario evidences that the complex problems associated to the environmental and health injustices are materialized in social exclusion and environmental degradation, compromising these rights. We concluded that the assurance of these rights is linked to the possibilities of a collective achievement of the Brazilian society, to which Nursing can provide an important contribution.

scholarly journals PROBLEMS OF PROTECTION AGAINST CORRUPTION IN THE HEALTHCARE SYSTEM

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 65-70
Author(s):  
E. V. Shirmanov ◽  
Keyword(s):  
Health Sector ◽  
Legal Protection ◽  
Criminal Code ◽  
Right To Health ◽  
Constitutional Rights ◽  
Quality Of Medical Care ◽  
The Subject ◽  
The Right ◽  
Normal Relationship

The Right to health protection is one of the most fundamental constitutional rights. It is subject to criminal legal protection. While the attacks on him appear not only in the form of crimes such as causing harm by negligence (part 2 of article 118 of the Russian Criminal Code), failure to assist a patient (article 124 of the Russian Criminal Code), etc., but also corruption crimes. Corruption threatens the normal relationship between doctor and patient, medical institution and patient, which reduces the quality of medical care. It threatens not only people’s property, but also their lives and health. Manifestations of corruption in health care are different, they are many, and they should all be taken into account in determining measures and means to combat this dangerous social phenomenon. The effectiveness of the fight against corruption in the health sector is largely due to the knowledge of its various manifestations. These problems are the subject of the proposed article

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.

Critical epidemiology

2018 ◽  
pp. 85-92
Author(s):  
Felix J. Rosenberg ◽  
Daniel Miranda
Keyword(s):  
Social Exclusion ◽  
Health Inequities ◽  
Right To Health ◽  
Social Classes ◽  
Levels Of Organization ◽  
Effective Reduction ◽  
The Right ◽  
Lived Spaces ◽  
Relationship Of ◽  
Subjective Meanings

Critical epidemiology is the science of understanding and describing the distribution of health as socially determined and of contributing to the achievement of the universal right to it. e many causes of meDirect and indirect causation, and distant, intermediate, or proximate levels of organization of the epidemiological interrelations are all part of an integrated totality built by the historically changing dialectic relationship of particular social classes with their lived spaces. Critical epidemiology is, at last, the means to understand this relationship and to select the ‘[T]erritories of social exclusion’ as the prioritized targets for a participative construction of new health models leading to the effective reduction of health inequities and, hence, to universalize the right to health in all its objective and subjective meanings.

Rehabilitation and the Right to Health in Times of Transition

2016 ◽  
Vol 5 (2) ◽  
pp. 169-193
Author(s):  
Judith Bueno de Mesquita ◽  
Gen Sander ◽  
Paul Hunt
Keyword(s):  
Transitional Justice ◽  
Health Sector ◽  
Right To Health ◽  
Current Approach ◽  
Political Rights ◽  
Suitable Form ◽  
Civil And Political Rights ◽  
The Right ◽  
The Relationship ◽  
Primary Form

The harm to health of victims of civil and political rights abuses has been a focus of some reparations programmes. Rehabilitation has been the primary form of reparation for harm to health. Is this current approach an appropriate response by reparations programmes to violations of the right to health during conflict or repression? Given the nature of right to health violations in conflict or repression, we suggest that reparations programmes should broaden their focus to also address not only the health consequences of civil and political rights violations, but also the destruction or neglect of the health system, and policies which harm health. We consider whether rehabilitation is the only suitable form of reparation for such abuses. We also consider the relationship between the fields of transitional justice and public health in periods of transition, including whether some conflict-related right to health violations should be addressed in the health sector rather than reparations programmes and, if so, how this can be done successfully.

The Future of Multilateral Funding to Realize the Right to Health

2018 ◽  
Author(s):  
Gorik Ooms ◽  
Rachel Hammonds
Keyword(s):  
Global Fund ◽  
Right To Health ◽  
Financial Resources ◽  
The Political ◽  
International Assistance ◽  
Cultural Rights ◽  
Political Feasibility ◽  
Long Run ◽  
The Future ◽  
The Right

This chapter explores the future of multilateral funding to realize the right to health by exploring two options: a single Global Fund for Health or international assistance for health through only bilateral arrangements. This analysis first examines a Global Fund for Health, based on Article 2(1) of the International Covenant on Economic, Social and Cultural Rights, guidance provided by the Committee on Economic, Social and Cultural Rights, and features of the existing Global Fund to Fight AIDS, Tuberculosis and Malaria. The chapter then examines the alternative option, comparing the likely qualities of both options in terms of being aligned with national priorities (if appropriately set), additional (i.e., incentivizing domestic mobilization of financial resources), reliable in the long run, coordinated, and sufficient. The chapter concludes by analyzing the political feasibility of both options.

scholarly journals PENGATURAN PENYELENGGARAAN IBADAH UMRAH DALAM PERSPEKTIF HAK ATAS KESEHATAN

Arena Hukum ◽  
2021 ◽  
Vol 14 (3) ◽  
pp. 567-586
Author(s):  
Asep Kusnali ◽  
Rustika Rustika ◽  
Riati Anggriani ◽  
Siti Maimunah ◽  
Haris Budiman
Keyword(s):  
Health Care ◽  
Saudi Arabia ◽  
Health Sector ◽  
Right To Health ◽  
Legal Research ◽  
Application Of Law ◽  
Sociological Jurisprudence ◽  
The Government ◽  
The Right ◽  
Health Regulations

The government has issued regulations to ensure the health of Umrah pilgrims however there is no standard of health care for the Umrah pilgrims, either before departing, while traveling and in Saudi Arabia or returning to Indonesia. This study analyzes the Umrah health regulations and their implementation in the perspective of the rights to health. This research is a legal research design with sociological jurisprudence because the object under study is the application of law. The results of this study have explained that the right to health of Umrah pilgrims has been guaranteed in Law no. 8 of 2019 concerning the Implementation of Hajj and Umrah. However, there are still obstacles in the implementation which are the responsibility of the Umrah Travel Organizer, so it is necessary to make a policy by the ministry that organizes affairs in the health sector after carrying out affairs in the field of religion.

scholarly journals (P1-109) Violence, Health and Human Rights: Analysis of the Right to Health for Conflict Displaced Persons Living In IDP Camps in Northern Sri Lanka

2011 ◽  
Vol 26 (S1) ◽  
pp. s134-s134
Author(s):  
K. Wickramage ◽  
A. Zwi
Keyword(s):  
Human Rights ◽  
Sri Lanka ◽  
Health Sector ◽  
Civil Conflict ◽  
Right To Health ◽  
Peace Building ◽  
Internal Displacement ◽  
Health And Human Rights ◽  
Post Conflict ◽  
The Right

This presentation explores the nexus between collective violence (in the form of violent civil conflict) and health and human rights in Sri Lanka, focusing specifically on persons displaced during the most recent conflict in Northern Sri Lanka beginning in November 2008. After exploring the normative framework in relation to the right to health, the local legal framework governing internal displacement, and the related component on healthcare access, service provision, and standards will be described. By examining health cluster reports, health surveys, and case-studies, this presentation describes how the health sector responded in providing healthcare services to those war displaced living in internally displaced people (IDP) camps in Vavuniya District. The “rights based approach to health” is examined in relation to the health sector response, and key issues and challenges in meeting health protection needs are highlighted. A conceptual framework on the right to health for IDPs in Northern Sri Lanka is presented. This presentation also explores how some health interventions in the post-conflict Sri Lankan context may have acted as a bridge for peace building and reconciliation.

Health Care as Citizenship Development: Examining Social Rights and Entitlement

2002 ◽  
Vol 35 (1) ◽  
pp. 103-125 ◽  
Author(s):  
Candace Johnson Redden
Keyword(s):  
Health Care ◽  
Right To Health ◽  
Legal Rights ◽  
The Political ◽  
Social Rights ◽  
Political Debate ◽  
Liberal Democracies ◽  
Right To Health Care ◽  
Citizenship Development ◽  
The Right

The political importance of rights in liberal democracies, and of universally accessible health care in Canada, are trite observations. However, the increasing use of the language of rights to defend existing patterns of health care in Canada is a curious if not alarming phenomenon. What do citizens mean when they say that they have the right to health care? How can health care rights be defined philosophically and politically? This article examines the increasing popularity of rights claiming for health care, and argues that the ''right to health care'' has a non-possessive, normative nature that is at odds with legalistic individualistic rights claiming. This is a significant philosophical finding, one that informs the political debate over health care by revealing that legal rights claims are not sufficient to defend social entitlements. The conceptual project undertaken in this article illuminates directions of reform and suggests that differentiated citizenship provides a better model than legal rights to guide reform efforts.

scholarly journals Politik Hukum Perlindungan HAM di Indonesia (Studi Hak-Hak Perempuan di Bidang Kesehatan)

2017 ◽  
Vol 2 (1) ◽  
pp. 77
Author(s):  
Habib Shulton
Keyword(s):  
Human Rights ◽  
Mortality Rate ◽  
Maternal Mortality ◽  
Human Development ◽  
Human Development Index ◽  
Health Sector ◽  
Right To Health ◽  
Development Index ◽  
Protection Of Human Rights ◽  
The Right

Abstract This research background by violations of human rights (Human Rights) in Indonesia, particularly women's rights violations in the health sector. Yet the fulfillment of the right to health for women is clearly reflected from ranking Human Development Index (HDI) and Gender-Related Development Index (GDI). One indication is the high maternal mortality rate (MMR) and infant mortality rate increased. In Indonesia, maternal mortality rate is very high in comparison with other countries, even higher than those of developing countries in Southeast Asia. Omission of the right to health is a human rights violation. Therefore, the new law required an effort of political justice and protection of the rights women's health in Indonesia. Moreover Indonesia country is "state of law", the concept of the rule of law is the protection of human rights. In addition, the legal protection of human rights politics in the health sector comes as the commitment of Indonesia in the international program MDG.s. Keywords: politics of law, women's health, rights and justice. Abstrak Penelitian ini dilatar belakangi oleh pelanggaran terhadap hak-hak asasi manusia (HAM) kaum perempuan di Indonesia khususnya pelanggaran terhadap hak-hak di bidang kesehatan. Belum terpenuhinya hak kesehatan bagi perempuan tercermin dengan jelas dari peringkat Human Development Index (HDI) dan Gender Related Developmen Index (GDI). Salah satu indikasinya adalah tingginya angka kematian ibu (AKI) serta meningkatnya angka kematian bayi. Di Indonesia, tingkat AKI sangat tinggi di bandingkan dengan negara-negara lain, bahkan lebih tinggi dibandingkan dengan negara-negara berkembang di Asia Tenggara. Pembiaran terhadap hak-hak kesehatan merupakan sebuah pelanggaran HAM. Oleh karena itu, diperlukan politik hukum baru sebagai upaya keadilan dan perlindungan hak-hak kesehatan perempan di Indonesia. Apalagi negara Indonesa adalah “negara hukum”, konsep negara hukum adalah adanya perlindungan terhadap HAM. Selain itu, politik hukum perlindungan HAM di bidang kesehatan ini sebagai upaya komitmen Indonesia dalam program Internasional yakni MDG.s. Kata Kunci: politik hukum, kesehatan perempuan, HAM dan keadilan

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