scholarly journals Violations of the Right to Health due to Limited Access to Protection of Health during the COVID-19 Pandemic in the Republic of Croatia and Possible Legal ImplicationsL

2021 ◽  
Vol 14 (2) ◽  
Author(s):  
Nina Mišić Radanović

The battle against the COVID-19 pandemic is still the most important problem and a great challenge for the overburdened health system in the Republic of Croatia. This paper examines the research into how violations of humans’ right to health occurred due to the inaccessibility to health protection for uninfected persons during the COVID-19 pandemic. The research implemented showed that a system of anti-epidemic measures which completely suspended or significantly reduced the possibility to access primary and hospital health care, stopped preventive programs of cancer detection. Much medical research has already revealed the possible harmful effects to people's health in the increase in cases of the contraction of and death from cancer and other serious illnesses, particularly in relation to certain vulnerable groups for example, women and oncology patients. The author concludes that the right to access protection of health during the COVID-19 pandemic in the Republic of Croatia was significantly limited and analyzes possible legal consequences which could occur due to the suspension or limitation to the right to access health care as a violation of the right to health.

2021 ◽  
Vol 3 ◽  
Author(s):  
Sunčana Roksandić ◽  
Krešimir Mamić ◽  
Robert Mikac

This research article aims to provide answers on how COVID-19 pandemics influenced migration law, policy responses, and practices in Croatia, particularly concerning migrants on the Western Balkan route. Throughout the EU, governments have reinstituted border controls in the Schengen region and any “nonessential travel” to the EU has been suspended. In this study, it is analyzed whether asylum seekers have been denied entry in violation of international refugee law and whether immigration officers held detainees because of the risks posed by COVID-19 alongside Croatian borders. In addition, the study addresses the question whether and to what degree the COVID-19 pandemic influenced the overall approach toward migrants and their access to services, primarily the right to health care. Also, it is researched whether facilities for migrants and asylum seekers have appropriate health care and whether the measures imposed by the Croatian Institute of Public Health and by the National Emergency Response Team are respected when dealing with migrants. In addition, it is researched whether the EU, UN, and WHO policies and recommendation concerning COVID-19 and migrants, where applicable, are respected in the Republic of Croatia and whether specific policies concerning migrants and COVID-19 were introduced. All legislation, policy responses, and practices will be critically approached and examined. The text will make proposals for implementation of best practices and policy responses for migrants in the context of COVID-19. All statistical data that are necessary for this research are requested from the Ministry of the Interior of the Republic of Croatia.


2014 ◽  
Vol 61 (1) ◽  
pp. 36-44 ◽  
Author(s):  
Milena Gajic-Stevanovic ◽  
Jovana Aleksic ◽  
Neda Stojanovic ◽  
Slavoljub Zivkovic

Introduction. The backbone of Serbian health system forms the public healthcare provider network with 355 institutions and around 112,000 employees, owned and controlled by the Ministry of Health and financed mainly by the Republican Health Insurance Fund. The law recognizes private practice that was not included, till recently, in the public funding scheme. New Health Insurance Law (2005) decreased the number of entitlements in the basic health service package. It abolished the right to dental health care for adults (exceptions are: children, older than 65, pregnant women and emergency cases) as well as the right to compensate travel expenses. The aim of this study was to evaluate the effects of health care system of the Republic of Serbia and indicate parameters that determine the state of health of the population, on the ground of data obtained by the Institute of Public Health of Serbia. Results. In the period 2004-2012, cardiovascular diseases represented the main cause of illness in Serbia (50%). In 2012 digestive system diseases were on the second place. Neoplasm and nervous system diseases were on the third place. From 2007 to 2012 there was slight decline in the birth rate and number of deaths, but the death rate increased from 13.9 to 14.2. Health care system in Serbia is funded through the combination of public finances and private contributions. Primary care is provided in 158 health care centres and health care stations, secondary and tertiary care services are offered in general hospitals, specialized hospitals, clinics, clinico-hospital centers and clinical centres. Conclusion. A significant but not satisfactory progress has been achieved in the field of health status indicators as the most important outcome of the final performance of the health system. The transition of public health care system in Serbia since the communist period to present and slow integration with European Union is unfinished process.


2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 502-508
Author(s):  
Vitaly V. Goncharov ◽  
Hussein Vakhaevich Idrisov ◽  
Sukhinina Sukhinina

This study analyses the impact of legal regulation that ensures the realization of the right to health care and medical care on the state of the health system. This study examines the concept and content of the right to health care and paid and free medical care, reveals the concepts of categories of quality and accessibility of medical services, and draws attention to their various aspects. The analysis of the current state of the health system is carried out. Some features of the provision of medical services to citizens are characterized, and the problems of violation of the right of citizens to medical care, the availability and quality of medical care are analysed. The study examines the varieties of health care management models existing in the world practice and reveals their advantages and disadvantages. The conclusion is made about the possibility of using individual elements of the studied models in Russian health care management.


Author(s):  
José Jerez Iglesias

La cuestión de la gestión sanitaria en España planteainterrogantes sobre cómo abordar las causas que inciden en sussíntomas de falta de sostenibilidad y como resolver sus ineficienciasmás significativas, es decir, cómo encontrar modelos más eficientesde gestión de las prestaciones sanitarias para hacer sostenible el derechoa la prestación sanitaria de los ciudadanos.Se propone una reforma del Sistema Nacional de Salud (SNS)con un modelo alternativo de financiación y provisión de las prestacionessanitarias, basado en los principios de competencia, eficacia,eficiencia y libre elección de los asegurados entre centros concertadospúblicos y privados.The issue of health management in Spain raises questionsabout how to address the causes that affect its symptoms oflack of sustainability and how to solve its most significant inefficiencies,that is, how to find more efficient models of health benefitsmanagement to make sustainable the right to health care for citizens.A reform of the National Health System is proposed with an alternativemodel of financing and provision of health benefits, basedon the principles of competence, effectiveness, efficiency and freechoice of insured persons between public and private contractedcenters.


Author(s):  
A. Yu. Yastrebova ◽  
E. E. Gulyaeva

INTRODUCTION. The individual's right to health is a set of natural and positive legal frameworks that govern a person’s life activity, individual and family wellbeing, enforcement of health guarantees by the statesparticipants of universal and regional treaties of the field under question. The formation of this right stems from biological characteristics of each person, socio-economic conditions, environment, access to health and sanitation services, national health-care system progress, existence of vulnerable groups of population. Goals of the UN Sustainable Development Agenda 2030 (UN General Assembly resolution 70/1) include such essential aspects of the right to health as ending poverty and hunger in all its forms everywhere; promote food security and healthy lifestyle; the well-being of all individuals at any age; ensure availability and sustainable management of water and sanitation for all; protection and restoration of water-related ecosystems; enhancement of the States capacity to prevent and reduce national and global health risks. According to the position of the World Health Organization (WHO) the right to health imposes on the States a legal obligation to ensure timely access to adequate levels of high-quality health care, clean and safe drinking water, sanitation, adequate nutrition, shelter, health-related information and education, gender equality. As a result, the considerable amount of attention is paid to the analysis of the content of general and specific international instruments at the universal level and the international legal specificities of enshrining and maintaining an individual's right to health. The text also places the emphasis on its normative framing in the law of the Council of Europe and the European Union, reflecting the decisions and rulings of the European Court of Human Rights (ECHR).MATERIALS AND METHODS. The legal framework of the study is based on universal international treaties of the UN system, regional regulations of the Council of Europe and the EU, legal position of the UN specialized agencies, the International Committee of the Red Cross (ICRC) and the ECHR. The scientific works of domestic and foreign authors related to the study of the right to health are used as a theoretical foundation. The research uses general scientific and special cognitive techniques wherein legal analysis and synthesis, systemic, formal-legal, comparative-legal, historical-legal and dialectical methods are applied.RESEARCH RESULTS. The research indicates that the modern international legal concept of the right to health is being developed at the universal and regional level. Furthermore, specific international legal guarantees for the protection of this right are emerging for special groups such as women and children, refugees, stateless persons and migrant workers, protected persons, the wounded and the sick – all persons affected by international armed conflicts. There is a certain trend in Council of Europe and EU law towards an extended interpretation of the human right to health responding to new challenges to the realization that right, concerning bioethics, human genome editing, and the effects of nuclear testing and environmental pollution.DISCUSSION AND CONCLUSIONS. Following a review of the content and implementation of the right to health in the universal and regional international legal systems for the human rights and freedoms protection, the authors suggest its incorporation in a group of personal rights, social benefits provided by the state, and simultaneously in a collective right to development pertaining to the population as a whole. The universal international legal institutions establishing special rights for vulnerable groups will continue to be applied by member states in the context of a situational response to the global needs of families, women and children, international migration, armed conflicts, environmental conditions, and bioethical issues. The authors encourage the complement of the European system of human rights protection with an additional protocol to the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, involving the right to health security.


2010 ◽  
Vol 26 (2) ◽  
pp. 233-261 ◽  
Author(s):  
Norman Z. Nyazema

Historically, health care in Zimbabwe was provided primarily to cater to colonial administrators and the expatriate, with separate care or second-provision made for Africans. There was no need for legislation to guarantee its provision to the settler community. To address the inequities in health that had existed prior to 1980, at independence, Zimbabwe adopted the concept of Equity in Health and Primary Health Care. Initially, this resulted in the narrowing of the gap between health provision in rural areas and urban areas. Over the years, however, there have been clear indications of growing inequities in health provision and health care as a result of mainly Economic Structural Adjustment Policies (ESAP), 1991–1995, and health policy changes. Infant and child mortality have been worsened by the impact of HIV/AIDS and reduced access to affordable essential health care. For example, life expectancy at birth was 56 in the 1980s, increased to 60 in 1990 and is now about 43. Morbidity (diseases) and mortality (death rates) trends in Zimbabwe show that the population is still affected by the traditional preventable diseases and conditions that include nutritional deficiencies, communicable diseases, pregnancy and childbirth conditions and the conditions of the new born. The deterioration of the Zimbabwean health services sector has also partially been due to increasing shortages of qualified personnel. The public sector has been operating with only 19 per cent staff since 2000. Many qualified and competent health workers left the country because of the unfavourable political environment. The health system in Zimbabwe has been operating under a legal and policy framework that in essence does not recognize the right to health. Neither the pre-independence constitution nor the Lancaster House constitution, which is the current Constitution of Zimbabwe, made specific provisions for the right to health. Progress made in the 1980s characterized by adequate financing of the health system and decentralized health management and equity of health services between urban and rural areas, which saw dramatic increases in child survival rates and life expectancy, was, unfortunately, not consolidated. As of 2000 per capita health financing stood at USD 8.55 as compared to USD 23.6, which had been recommended by the Commission of Review into the Health Sector in 1997. At the beginning of 2008 it had been dramatically further eroded and stood at only USD 0.19 leading to the collapse of the health system. Similarly, education in Zimbabwe, in addition to the changes it has undergone during the different periods since attainment of independence, also went through many phases during the colonial period. From 1962 up until 1980, the Rhodesia Front government catered more for the European child. Luckily, some mission schools that had been established earlier kept on expanding taking in African children who could proceed with secondary education (high school education). Inequity in education existed when the ZANU-PF government came into power in 1980. It took aggressive and positive steps to redress the inequalities that existed in the past. Unfortunately, the government did not come up with an education policy or philosophy in spite of massive expansion and investment. The government had cut its expenditure on education because of economic and political instability. This has happened particularly in rural areas, where teachers have left the teaching profession.


Author(s):  
Maria Fernanda Cruz Coutinho ◽  
Clarice Moreira Portugal ◽  
Mônica de Oliveira Nunes ◽  
Gisele O’Dwyer

Abstract The article was aimed at discussing the centrality of the concept of culture and its implications in the Global Mental Health (GMH) project, not only from a macro perspective, but also at the local level-more specifically in the Brazilian Unified Health System in the relationship between the devices of the Psychosocial Care Network (PCN) and primary health care (PCH). Therefore, the discussion was concentrated in two different blocks: in the first one, we reflected about the GMH project from the perspective of guaranteeing the right to health, considering sociocultural aspects of mental suffering. In the second block, we will discuss how this perspective can contribute to the increase of care practices at the interface between primary health care and mental health in the Unified Health System. We concluded that considering culture is fundamental to conduct good mental health practice, so that GMH is necessarily polyphonic, while guaranteeing and universalizing the right to health, being a powerful ally in the fight for the defense of SUS (Unified Health System).


SOEPRA ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 254
Author(s):  
Christina Nur Widayati ◽  
Endang Wahyati Yustina ◽  
Hadi Sulistyanto

Patient Safety was the right of a patient who was receiving health care. A nurse was one of the health professionals in a hospital having a very important role in realizing Patient Safety. In realizing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had involved the role of the nurses. In carrying out their role the nurses could support the protection of the patient’s rights. The nurses performed health care by conducting six Patient Safety goals that were based on professional standards, service standards and codes of conduct so that the Patient Safety would be realized.This research applied a socio-legal approach to having analytical-descriptive specifications. The data used were primary and secondary those were gathered by field and literature studies. The field study was conducted by having interviews to, among others, the Director of Panti Rahayu Yakkum Hospital of Purwodadi, Head of Room and Chairman of Patient Safety Committee, nurses and patients. The data were then qualitatively analyzed.The arrangement of nurses’ role in implementing Patient Safety and the patient’s rights protection was based on the Constitution of the Republic of Indonesia of 1945, Health Act, Hospital Act, Labor Act, and Nursing Act. These bases made the hospital obliged to implement Patient Safety. The regulations leading the hospital to provide Patient Safety were Health Minister’s Regulation Nr. 11 of 2017 on Patient Safety, Statute of Panti Rahayu Yakkum Hospital of Purwodadi (Hospital ByLaws), Internal Nursing Staff ByLaws. In implementing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had established a committee of Patient Safety team consisting of the nurses that would implement six targets of Patient Safety. Actually, the Patient Safety implementation had been accomplished but it had not been optimally done because of several factors, namely juridical, social and technical factors. The supporting factors in influencing the implementation were, among others, the establishment of the Patient Safety team that had been well socialized whereas the inhibiting factors were limitedness of time and funds to train the nurses besides the operational procedure standard (OPS) that was still less understood. Lack of learning motivation among the nurses also appeared as an inhibiting factor in understanding Patient Safety implementation.


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