scholarly journals The Role of Pharmaceutical Security in Realization of the Right to Health

2016 ◽  
Vol 9 (39) ◽  
Author(s):  
Aslan Khuseinovich Abashidze ◽  
Vladislav Sergeevich Malichenko ◽  
Svetlana Borisovna Malichenko
Keyword(s):  
Right To Health ◽  
The Right

The Origins of Human Rights in Global Health

2018 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
Global Health ◽  
International Law ◽  
Right To Health ◽  
Right To Health Care ◽  
Global Standards ◽  
The Right

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”

The Human Right to Health and the Virtue of Creative Resolve

2020 ◽  
pp. 36-58
Author(s):  
Nicole Hassoun
Keyword(s):  
Distributive Justice ◽  
Right To Health ◽  
Human Right ◽  
Scarce Resources ◽  
Creative Solutions ◽  
The Right

Some maintain that people lack a human right to health because this right cannot provide guidance for distributing scarce resources. Even if the skeptics are right on this point, the second chapter suggests that is not a reason to reject the right; the role of the human right to health is to provide a kind of hope that can foster the virtue of creative resolve. This resolve is a fundamental commitment to finding creative solutions to what appear to be tragic dilemmas. Rather than helping one decide how to ration scarce resources, the human right to health provides reason to find ways to fulfill everyone’s claims. The hope this right provides gives us a response to apparent tragedy in motivating us to search for ways of avoiding it—rather than an account of distributive justice.

The Right to Health

2018 ◽  
pp. 231-264
Author(s):  
Sandra Fredman
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Final Section ◽  
Right To Health ◽  
Individual Rights ◽  
Personal Integrity ◽  
Human Right ◽  
The Right ◽  
The Way

Is health a human right? Many would maintain that it is not. On this view health and ill-health are due to natural causes, not to State actions. Others are concerned that health raises too many polycentric problems to be dealt with through justiciable human rights. These contestations have shaped the way in which the right to health is understood. Section II sketches out the health context. Section III considers jurisdictions in which there is no express right to health, but a right has been derived from rights to life, personal integrity, or privacy. Section IV contrasts this approach with jurisdictions with an express right to health. Section V examines the role of the right to equality, while section VI focuses on reproductive health. The final section returns to the challenges of polycentricity and the extent to which a justiciable right can address systemic issues rather than individual rights to medication.

s.Two Implementation and Accountability, 8 Justiciability of Human Rights for Health

2020 ◽  
Author(s):  
Flood Colleen M ◽  
Thomas Bryan
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Right To Health ◽  
Health And Human Rights ◽  
Proper Role ◽  
Health Related ◽  
State Obligations ◽  
The Right ◽  
The Impact

This chapter examines both the power and limitations of litigation as a means of facilitating accountability for the advancement of public health. While almost half of the world’s constitutions now contain a justiciable right to health, the impact of litigation has been mixed. Judicial accountability has, in some cases, advanced state obligations to realize the highest attainable standard of health, but in other cases, litigation has threatened the solidarity undergirding public health systems. There is significant country-to-country variation in interpreting health-related human rights, as well as differing views of the proper role of courts in interpreting and enforcing these rights. Surveying regional human rights systems and national judicial efforts to address health and human rights, it is necessary to analyze how courts have approached—and how they should approach—litigation of the right to health and health-related human rights to improve health for all.

Health Services

2018 ◽  
Author(s):  
Kenneth A. Reinert
Keyword(s):  
Health Services ◽  
Child Survival ◽  
Well Being ◽  
Right To Health ◽  
Essential Medicines ◽  
Poor People ◽  
Human Needs ◽  
United Nations System ◽  
The Right

This chapter considers health services as a basic good that satisfy critical basic human needs for maintaining minimal levels of well-being. It considers the widespread nature of health services deprivation and the consequent negative health impacts. The chapter examines the subsistence right to health services and the role of this right within the United Nations system of human rights. It doing so, it makes a distinction between the right to health services and the right to health itself, favoring the former. It also examines the leading causes of death, child survival, the provision of health services to poor people, essential medicines, medical brain drain, antimicrobial resistance, and pandemics.

Health diplomacy

2019 ◽  
Vol 9 (1) ◽  
pp. 161-176
Author(s):  
Annamarie Bindenagel Šehovic´
Keyword(s):  
Right To Health ◽  
Health It ◽  
Health Security ◽  
Health Diplomacy ◽  
The Subject ◽  
Historical Trajectory ◽  
The Right ◽  
Changing Role ◽  
Insight Into

This article explores the role of health diplomacy in promoting the right to health. It first looks at the historical trajectory of the right to health as it evolves and intersects with state and human and health security. Second, it analyzes the definitions and roles of health diplomacy. It argues that health diplomacy is undergoing a cycle of (re)invention and innovation, bringing in both new and traditional actors. Yet it points out a gap in the subject of health diplomacy, asking what is the right to health, and what does its definition mean for the (changing) role of health diplomacy? It concludes by offering initial insight into what health diplomacy might be in the nearer future.

scholarly journals The right to medical care and its economic consequences: an American dilemma

1972 ◽  
Vol 6 (4) ◽  
pp. 317-327
Author(s):  
José Duarte de Araújo
Keyword(s):  
United States ◽  
Health Care ◽  
United States Of America ◽  
The United States ◽  
Right To Health ◽  
Economic Consequences ◽  
Right To Health Care ◽  
Modern Times ◽  
The Right

The concepts of "rights" and of "right to health care" including its evolution in modern times are discussed. The consequences of implementing this right are discussed in economic terms, regarding the situation in the United States of America. A discussion is also included on the limitations of the role of Health Insurance as a measure to solve the problem of providing health care for all individuals.

scholarly journals Role of the Courts in the Progressive Realization of the Right to Health: Between the Threat and the Promise of Judicialization in Mexico

2015 ◽  
Vol 1 (3) ◽  
pp. 229-234 ◽  
Author(s):  
Norman Daniels ◽  
Sofia Charvel ◽  
Adriane H. Gelpi ◽  
Thalia Porteny ◽  
Julian Urrutia
Keyword(s):  
Right To Health ◽  
The Right

scholarly journals Achieving universal health coverage by 2030: The role of parliaments in ensuring right to health

2019 ◽  
Vol 45 (3) ◽  
pp. 208-213
Author(s):  
Md. Habibe Millat ◽  
Mr. Christian Lohr ◽  
Ms. Mariana Carvalho
Keyword(s):  
Universal Health Coverage ◽  
Right To Health ◽  
World Health ◽  
Director General ◽  
National Council ◽  
Health Coverage ◽  
The World ◽  
The Right ◽  
Universal Health

In October 2018, on behalf of the Bangladesh Parliament, I proposed to the 139th Assembly of the Inter Parliamentary Union (IPU) to adopt a resolution on “Achieving universal health coverage by 2030: The role of parliaments in ensuring the right to health” (Annex-1). After the acceptance of my proposal, I worked as a co-rapporteur along with Mr. Christian Lohr, Member of the National Council, Switzerland and Ms. Mariana Carvalho, Member of the Chamber of Deputies, Brazil for a year to consult with and gather inputs from the parliaments and parliamentarians across the world. After several intensive discussions, debates and consultations in different parts of the world, we presented a draft proposal to the IPU member parliaments before presented it to the IPU assembly. Later, following the final debate and discussion, 141st IPU assembly 2019 in Belgrade, Serbia approved this resolution. I believe this global tool will enable parliaments and parliamentarians to contribute in ensuring the highest attainable standard of health and global health targets by 2030. I am grateful to the Hon’ble Prime Minister of Bangladesh Jononetry Sheikh Hasina MP and the Hon’ble Speaker of Bangladesh Parliament Dr. Shirin Sharmin Chaudhury MP for their encouragement. I am also thankful to IPU President Ms Gabriela Cuevas Barron, IPU Secretary General Mr Martin Chungong and World Health Organization Director General Dr Tedros Adhanom Ghebreyesus for their regular guidance towards this initiative. My sincere appreciation goes to the colleagues from the Bangladesh Parliament, Ministry of Health and Family Welfare of Bangladesh, Ministry of Foreign Affairs of Bangladesh, IPU Secretariat and WHO Secretariat for their contribution in the process. I hope our parliaments and parliamentarians will take full advantage of this resolution in their work to make the right decisions when it’s come to those health issues. I am now looking forward to working together with my fellow parliamentarians from home and abroad to deliver the commitment we have made through the IPU resolution on universal health coverage. I would appreciate your comment, suggestion and advice in this regard.

scholarly journals A QUEBRA DE PARADIGMAS DO SUPREMO TRIBUNAL FEDERAL EM DIREITO À SAÚDE E A AUSÊNCIA DA CONSISTÊNCIA TEÓRICA

2020 ◽  
Vol 2 (59) ◽  
pp. 377
Author(s):  
Ferado Rister de Sousa LIMA
Keyword(s):  
Supreme Court ◽  
Medical Science ◽  
Federal Court ◽  
Right To Health ◽  
The Public ◽  
New Concepts ◽  
The Supreme Court ◽  
Public Money ◽  
The Right

RESUMO Objetivo: O estudo objetiva analisar as decisões do Supremo Tribunal Federal, com o propósito de identificar julgamentos proferidos no período de 2010 a 2013, e verificar se houve incorporação de novos conceitos sobre o direito à saúde na sua jurisprudência. Metodologia: A metodologia empregada é a pesquisa bibliográfica, por meio da análise de decisões jurisprudenciais do Supremo Tribunal Federal, delimitada ao período de 2010 a 2013. Resultados: A leitura dos acórdãos denota como direta ou indiretamente estão fundamentados na ausência dos parâmetros. É possível também falar-se em novos parâmetros e não em ausência de critérios. Prefere-se a ausência de critérios ante o entendimento de que os rígidos pontos de partida anteriores moldaram por décadas a atuação judicial e a sua retirada acabou fragilizando a argumentação jurídica, a ponto de não se discutirem questões pertinentes. Os acórdãos dispõem em oferecer esperança como fonte de cura. Uma linguagem muito longínqua da ciência médica e sem qualquer critério de gestão do dinheiro público instaurou-se nos novos julgamentos da Corte. A ausência de consistência jurídica fica também evidenciada com a completa despreocupação em enfrentar a argumentação jurídica oferecida pela política. Tudo está tão conforme os novos conceitos que não se justifica argumentar ou enfrentar as teses jurídicas da Administração Pública. Eis o novo paradigma jurisdicional em direito à saúde. Contribuições: A contribuição central do presente trabalho está na análise de decisões da Suprema Corte a fim de identificar o tratamento dado a questões de direito à saúde.Palavras-chave: Ministros proativos; nova racionalidade; jurisprudência do Supremo Tribunal Federal; papel do Direito. ABSTRACT Objective: The study aims to analyze the decisions of the Supreme Federal Court, with the purpose of identifying judgments handed down from 2010 to 2013, and to verify whether new concepts about the right to health have been incorporated into its jurisprudence. Methodology: The methodology used is bibliographic research, through the analysis of jurisprudential decisions of the Federal Supreme Court, limited to the period from 2010 to 2013. Results: The reading of the judgments shows how directly or indirectly they are based on the absence of parameters. It is also possible to talk about new parameters and not in the absence of criteria. The absence of criteria is preferred due to the understanding that previous rigid starting points have shaped judicial action for decades and its withdrawal has weakened the legal argument, to the point of not discussing relevant issues. Judgments offer hope as a source of healing. A very distant language of medical science and without any criterion for the management of public money was established in the Court's new judgments. The lack of legal consistency is also evidenced by the complete lack of concern in facing the legal arguments offered by the politics. Everything is so in line with the new concepts that there is no reason to argue or face the legal theses of the Public Administration. This is the new jurisdictional paradigm in the right to health. Contributions:The central contribution of the present paper is the analysis of the Supreme Court decisions in order to identify the treatment given to issues of right to  health. Keywords: Proactive ministers; new rationality; jurisprudence of the Supreme Federal Court; role of law.

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