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.

scholarly journals Energy Use and Human Health Nexus in Pakistan

2020 ◽  
Vol 6 (3) ◽  
pp. 661-674
Author(s):  
Noreen Safdar ◽  
Hala Asif ◽  
Fatima Farooq
Keyword(s):  
Renewable Energy ◽  
Greenhouse Gases ◽  
Greenhouse Gas ◽  
Environmental Degradation ◽  
Energy Use ◽  
Greenhouse Gas Emission ◽  
Human Beings ◽  
Distributed Lag ◽  
Auto Regressive ◽  
The Impact

This study finds the impact of coal energy (a kind of non-renewable energy), renewable energy, Greenhouse gases, industrialization, population growth and environmental degradation and on the health of human beings, with the key emphasis on Tuberculosis incidence in Pakistan for the time span 1986 to 2017. For a deep practical insight, the study develops a system Auto-Regressive Distributed Lag (ARDL) model. The results report that with an increase in the usage of coal energy, the incidence of Tuberculosis also increases. In addition, the results also highlight that by turning to the renewable energy (energy by sun, wind and air) the health could be improved as the renewable energy is environment friendly and it does not generate greenhouse gases and it also does not cause environmental degradation. So, renewable energy serves as helping factor to reduce the occurrence of Tuberculosis in Pakistan. Moreover, the renewable energy is serving to lessen the greenhouse gas emission and it also serves to lessen the environmental degradation in Pakistan. On the contrast, the coal energy is causing environmental degradation by increasing the amount of Greenhouse gas emissions in the atmosphere which in turn causes Tuberculosis in Islamic Republic of Pakistan.

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.”

scholarly journals Victim’s Right of Access to International Criminal Courts

2016 ◽  
Vol 10 (1) ◽  
pp. 279
Author(s):  
Fazlollah Foroughi ◽  
Zahra Dastan
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Level ◽  
Human Beings ◽  
International Crimes ◽  
The Government ◽  
The Right ◽  
Right Of Access

Due to quantitative expansion and evolution in committing the crime at the international level, the scope of criminal proceedings has been widened significantly. Tolerance and forgiveness towards crimes that happen at international level not only is a double oppression on the victims, but also provide a fertile context for others to commit crimes more daringly. Thus, it is essential that international criminals are held accountable to the law and competent institution, and the realization of this issue leads to the victim satisfaction in international law. Not only in international law, but also in domestic law, show respect and protection of human rights is effective only when there is an effective justice system to guarantee the rights. Although some international crimes practically occur by the government or at least high-ranking government officials, the Statute of the International Criminal Court has reiterated this point that they only have jurisdiction over the crimes committed by natural persons rather than legal entities, which one good example is governments, and although the real victims of these crimes have been human beings, in the case of action and referring the case to the competent international courts, these are the states (rather than the victims) that actually have the right of access to the authorities and not beneficiaries .Thus, at the first step, we should see whether the Court has jurisdiction over the crime committed by the government and whether people can file an action independently in the International Criminal Court or not? When people, rather than governments, are beneficiaries in some international crimes, why only the government and not the people is the plaintiff? And what is the right of the victim in such category of crimes? Accordingly, the current research seeks to examine these rights and restrictions, and relevant limitations.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

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.

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.

scholarly journals Ensuring migrants’ right to health? Case of undocumented children in Israel

2019 ◽  
Vol 3 (1) ◽  
pp. e000490 ◽  
Author(s):  
Dana Moss ◽  
Zoe Gutzeit ◽  
Ranit Mishori ◽  
Nadav Davidovitch ◽  
Dani Filc
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
Migrant Children ◽  
Medical Community ◽  
Public Healthcare ◽  
General Strategy ◽  
Undocumented Migrants ◽  
Access To Medical Care ◽  
The Right ◽  
The Impact

After 18 years of providing government-subsidised medical insurance for children of undocumented migrants, the Israeli Ministry of Health (MOH) decided in 2018 to abruptly reverse its policy. Many children will have access to medical care only in cases of emergency. The policy change is set to potentially impact several thousands of children currently living or born in Israel. The non-profit, humanitarian sector is already seeing the impact on undocumented migrant children, with dozens of families reaching out to Physicians for Human Rights Israel to seek help accessing care for their children. These policy changes seem to be politically motivated, aiming to exclude undocumented communities from the public healthcare system as part of a general strategy of encouraging them to leave Israel. Such actions are antithetical to public health, human rights and medical ethics considerations. The Israeli Medical Association is beginning to challenge the stance of the MOH. To conform to international guidelines—both legal and medical—government ministries and relevant official bodies must follow the advice of the medical community to ensure respect for the right to health.

scholarly journals Međunarodna solidarnost i pravo na zdravlje

JAHR ◽  
2018 ◽  
Vol 9 (1) ◽  
pp. 69-85
Author(s):  
Sonja Trgovčić
Keyword(s):  
Human Rights ◽  
International Law ◽  
Right To Health ◽  
Shared Responsibility ◽  
Vulnerable Groups ◽  
Human Right ◽  
International Solidarity ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
The Right

The concept of international solidarity has been developing since the second half of the 20th century within the scope of international charters, conventions and declarations of protection of human rights. It has earned the qualities of the principle of international law and has been given a meaning of the key human right which binds together human rights of the first, second and third generation. With this work the author provides an explanation and gives a postulate to the legal nature of international solidarity and its legal feasibility. Furthermore, the author speaks about international cooperation, shared responsibility and the prevention of factors of climate change, hunger, inadequate health care, polarity in the economic development, and achieving equality. The author dedicates special attention to the right to health, its aspects and connections with international solidarity in protection of vulnerable groups.

scholarly journals Right to Health and the Social Determinants of Health in the Face of COVID-19. Tthe Spanish Experience after Austerity Policies

2021 ◽  
pp. 220-241
Author(s):  
Carlos Lema Añón
Keyword(s):  
Health Care ◽  
Social Determinants Of Health ◽  
Social Determinants ◽  
Health Care Systems ◽  
Right To Health ◽  
Determinants Of Health ◽  
The Face ◽  
Care Systems ◽  
The Right ◽  
The Impact

The COVID-19 pandemic has particularly affected Spain in 2020. Although the specific causes and Spain’s response—as well as the aspects to be improved—are yet to be evaluated, many experts agree that this crisis has magnified some of the problems of the Spanish health system, highlighting the problems derived from the cuts in the capacities of the health and public health systems. We assess the current situation from the perspective of the right to health in its twofold dimension: health care and social determinants. For this purpose, we look into the configuration of the right to health in Spain and how the economic crisis and austerity policies affected it. In particular, we consider the impact both on institutional health care systems and in terms of social determinants of health. Finally, we make several proposals for strengthening the right to health.

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