scholarly journals In Defense of the 'Old' Public Health: The Legal Framework for the Regulation of Public Health

2002 ◽  
Author(s):  
Richard A. Epstein
Keyword(s):  
Public Health ◽  
Legal Framework

Pandemics and Emergency Powers in Asia

2021 ◽  
pp. 133-146
Author(s):  
Victor V. Ramraj ◽  
Arun K. Thiruvengadam
Keyword(s):  
Public Health ◽  
Legal Framework ◽  
Two Dimensions ◽  
Economic Life ◽  
Social Activities ◽  
Legal Structure ◽  
Emergency Powers ◽  
Political Unrest ◽  
Roman Model ◽  
Governmental Response

This chapter looks at emergency powers under Covid-19 in Asia. The ancient Roman model of dictatorship suggests that any legal framework for responding to an emergency has two components: dealing effectively with the threat and preventing abuse. How can these goals best be secured in a pandemic? Within the first few months of the Covid-19 pandemic, it become readily apparent that it posed two kinds of threat. First, it posed a mortal threat to individual and public health arising from a deadly virus that could be transmitted relatively easily through everyday social activities. Second, the efforts of governments to contain its spread inevitably led to a secondary danger as social and economic life was shuttered—the danger of social and political unrest. The chapter considers two dimensions of the governmental response: the formal legal structure under which that response operates and the dynamics of expertise, trust, and responsiveness to feedback that it potentially fosters—or inhibits. It argues that the goal of returning to normal is best served when these two dimensions—the legal framework and the expertise-feedback dynamic—are aligned to enable the society to respond effectively and fairly.

scholarly journals National Public Health Institute Legal Framework: A Tool to Build Public Health Capacity

2020 ◽  
Vol 18 (S1) ◽  
pp. S-43-S-52 ◽  
Author(s):  
Emily L. Rosenfeld ◽  
Sue Binder ◽  
C. Adam Brush ◽  
Ellen A. Spotts Whitney ◽  
Dennis Jarvis ◽  
...  
Keyword(s):  
Public Health ◽  
Legal Framework ◽  
National Public Health Institute ◽  
Health Institute ◽  
National Public Health ◽  
Public Health Institute

scholarly journals Mapping, Assessing and Improving Legal Preparedness for Pandemic Flu in the United Kingdom

2009 ◽  
Vol 10 (2) ◽  
pp. 101-137 ◽  
Author(s):  
Graeme T. Laurie ◽  
Kathryn G. Hunter
Keyword(s):  
Public Health ◽  
United Kingdom ◽  
Essential Feature ◽  
Legal Framework ◽  
The United Kingdom ◽  
Legal Provisions ◽  
The Face ◽  
International Obligations ◽  
Pandemic Flu ◽  
The Uk

This article assesses the legal framework within which responses are deployed in the United Kingdom in the face of a pandemic such as the current H1N1 crisis or some other public health emergency. It begins with an account of the importance of legal preparedness as an essential feature of public health preparedness. It moves to an outline of the key legal provisions and parameters which provide the architecture for the existing framework in the UK, both domestically and internationally; thereafter, it identifies relevant factors that can be used to assess the efficacy of current legal preparedness, drawing on comparative experiences. Finally, it offers recommendations on how legal preparedness could be improved within the United Kingdom and in line with international obligations.

scholarly journals Extended First Aid: Perspectives and Challenges of Regulatory and Legal Framework

2021 ◽  
pp. 32-36
Author(s):  
A.Yu. Zakurdaeva ◽  
◽  
L.I. Dezhurny ◽  
A.A. Kolodkin ◽  
◽  
...  
Keyword(s):  
Public Health ◽  
Russian Federation ◽  
Legal Framework ◽  
First Aid ◽  
Health Protection ◽  
Armed Conflicts ◽  
Federal Law ◽  
The Russian Federation ◽  
The Government ◽  
Public Health Protection

In order to improve quantitative and qualitative characteristics of first aid, an urgent need arose to increase its authorised volume for certain categories of first aid providers in accidents, disasters, natural calamities, epidemics, terrorist acts and armed conflicts and under other special conditions. In accordance with Order No. 3155-r of the Government of the Russian Federation of 28 November 2020, legislative mechanisms should be developed by December 2021 to expand the scope of first aid. Introduction of changes and additions into Art. 31 of Federal Law No. 323-FZ of 21 November 2011 “On Fundamentals of Public Health Protection in the Russian Federation” will make it possible to update current legislation by amending a number of acts and by adopting new documents. The authors suggest the development of draft amendments to the federal law “On Medical Drugs Circulation”, to draft normative legal acts of the Government of the Russian Federation and of federal executive bodies which will be necessary for implementation of norms of the federal law “On Amendments to Art. 31 of the federal law “On Fundamentals of Public Health Protection in the Russian Federation”.

A Critical Analysis of Legal and Policy Responses to the COVID-19 Pandemic and its Long-term Impacts in Taiwan

2021 ◽  
Vol SI ◽  
pp. 3-10
Author(s):  
Hsing-Hao Wu ◽  
Chih-Wei Chen
Keyword(s):  
Public Health ◽  
Early Stage ◽  
Mainland China ◽  
Legal Framework ◽  
Contact Tracing ◽  
Chinese Government ◽  
Governance System ◽  
Personal Protection Equipment ◽  
Global Pandemic

The COVID-19 pandemic has dramatically impacted public health and economic and social stability worldwide since the WHO’s Public Health Emergency of International Concerns declaration in early March 2020. The COVID-19 virus was first discovered in December 2019 in Wuhan city, China, and eventually resulted in the global pandemic, of which the cumulative cases have reached 181,367,824 at the time of writing. Taiwan encountered severe public health threats because of the frequent travelers as many as 10 million who commuted annually between mainland China and Taiwan. Recognizing the imminent threats arising from an intensive flow of people from mainland China due to the lockdown policy adopted by the Chinese government, Taiwan has adopted strict border control, sophisticated contact tracing and monitoring measures, and most importantly the securing of sufficient Personal Protection Equipment supply for citizens to prevent community spread. Taiwan’s quick and precise COVID-19 response at the early stage of containing the virus has been proven very successful since the outbreak of the COVID-19 global pandemic in late February 2020. Taiwan is now struggling to fight the recent outbreak for lacking sufficient vaccines and testing capacities and shall learn from other country’s experience for countermeasures against a massive epidemic. This article aims to explore the key elements for the early success of containing the COVID-19 virus, including the comprehensive legal framework for preventing infectious disease, highly trained public health officials and governance system, and citizen self-awareness. The article then discusses the potential legal controversies and their long-term impacts on Taiwan. Finally, this article provides the concluding observation and suggestions for fighting massive infectious diseases.

Analysis of the Challenges and Problems in the Development of Public Health System in Beijing, China

2020 ◽  
Author(s):  
Ayan Mao ◽  
Cordia Chu ◽  
Yujie Yang ◽  
Yueli Meng ◽  
Wuqi Qiu
Keyword(s):  
Public Health ◽  
Health System ◽  
Public Health System ◽  
Municipal Government ◽  
Legal Framework ◽  
System Capacity ◽  
Health Staff ◽  
The Public ◽  
Information Strategies ◽  
The Impact

Abstract Background: To discern the main problems of Beijing’s public health service system, in order to provide suggestions to modernize the public health system and to enforce the implementation of the “Health Beijing 2030” plan. Methods: We carried out a quantitative study mostly based on interviews. There are over 40 directors and scholars who came from public health institutions and government sectors or organization that related to the public health work in Beijing were interviewed. The interview records were summary analyzed on key issues in accordance with the interview outline. Results: The challenges for the system include the change of structure of the population, the impact of the changing spectrum of diseases and changing environmental factors, and macro-institutional changes. The main problems include structure of the public health system, capacity of public health staff, systems for information management and legal framework for public health. On this basis, several relevant policy recommendations are put forward. Conclusion: To improve the public health system, the Beijing municipal government should design and construction of a system planning and perfecting their investment mechanism on public health. Stability of personnel and encouragement of innovation in scientific research and reliable health information strategies are also urgent needed.

scholarly journals Break or Bend in Case of Emergency?: Rule of Law and State of Emergency in European Public Health Administration

2019 ◽  
Vol 10 (4) ◽  
pp. 610-634 ◽  
Author(s):  
Filipe Brito BASTOS ◽  
Anniek DE RUIJTER
Keyword(s):  
Public Health ◽  
Rule Of Law ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Health Administration ◽  
The Rule Of Law ◽  
Public Health Emergencies ◽  
European Public ◽  
The Impact ◽  
The Eu

In this article, we ask what the impact is of the role of the EU administration in responding to emergencies in terms of (changes to) the rule of law. A response to an emergency in some cases creates exceptions to rule of law guarantees that bind the authorities to procedural rules and fundamental rights. These exceptions can become more permanent and even change the constitutional order of the EU. We articulate the legal framework for health emergencies, and discuss how the EU court has interpreted and developed this framework in two key decisions. We then ask whether this framework offers adequate safeguards for upholding the rule of law in cases of major health emergencies. We conclude that public health emergencies can bend and even break rule of law requirements for the EU administration, and advocate for more legal guidance on proportionality, which may offer better safeguards suited for protecting the rights of affected parties.

Legal Preparedness for Obesity Prevention and Control: A Framework for Action

2009 ◽  
Vol 37 (S1) ◽  
pp. 15-23 ◽  
Author(s):  
Judith A. Monroe ◽  
Janet L. Collins ◽  
Pamela S. Maier ◽  
Thomas Merrill ◽  
Georges C. Benjamin ◽  
...  
Keyword(s):  
Public Health ◽  
Obesity Prevention ◽  
Prevention And Control ◽  
Legal Framework ◽  
Public Health Perspective ◽  
The Public ◽  
Legal Perspective ◽  
Core Elements ◽  
Control And Prevention ◽  
And Control

The Proceedings of the National Summit on Legal Preparedness for Obesity Prevention and Control is based on a two-part conceptual framework composed of public health and legal perspectives. The public health perspective comprises the six target areas and intervention settings that are the focus of the obesity prevention and control efforts of the Centers for Disease Control and Prevention (CDC).This paper presents the legal perspective. Legal preparedness in public health is the underpinning of the framework for the four “assessment” papers and the four “action” papers that are integral to the application of public health law to any particular health issue. In addition, this paper gives real-world grounding to the legal framework through examples that illustrate the four core elements of legal preparedness in public health that are at work in obesity prevention and control.

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