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

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.

2021 ◽  
Vol 11 (3) ◽  
Author(s):  
Oleкsandr SHEVCHUK ◽  
Nataliya MATYUKHINA ◽  
Oleкsandra BABAIEVA ◽  
Anatoliy DUDNIKOV ◽  
Olena VOLIANSKA

Legal support of human security in the field of health care includes the guarantee, protection and protection of rights and freedoms in the field of health care, which is the main function, as well as the goal and duty of the state. This paper describes certain aspects of the legal regulation of the implementation of the "human right to security in the health sector" and the problems of its enforcement. The research methodology is based on a system of methods of the philosophical, general scientific and special scientific level. The main goal of this scientific article is to define the concept‚principles‚ types and directions of implementation of the “human right to safety” in the concept of “the right to health protection”. The general principles of the implementation of the “human right to security in the health sector” are disclosed. It is emphasized that the legal mechanism for the implementation of the “human right to security in the healthcare sector” is the activity of legal entities, lawmaking and law enforcement agencies, and the existing legal norms governing their activities in the healthcare sector. The investigated human right to safety should be understood as a complex of rights related to the protection of the patient's legitimate interests in the healthcare sector from unlawful encroachments and threats.. The author's understanding of the definition of "patients' right to safety". It is argued that human security in the field of health care belongs to the basic needs of a person - the implementation of this need is determined by the level of development of a country, its economic and cultural components, the level and quality of life of a person living in this country, an effective health care system. It is concluded that the main goal of legal ensuring human security in the healthcare sector is to create the minimum necessary (safe) conditions for the implementation of these rights and obligations when receiving medical services.


Lentera Hukum ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 211
Author(s):  
Muhammad Rafliansah Aziz ◽  
Muhammad Alfitras Tavares ◽  
Chalisa Jasmine Azhima

While the COVID-19 pandemic is far from the end, vaccinations have become an inevitable alternative in combating this pandemic. According to the WHO, COVID-19 vaccines are considered public goods. Consequently, they should be distributed equally to the citizens as the fulfillment of the right to health. This study aimed to analyze how COVID-19 vaccinations in Indonesia have been practiced. Also, it examined the government’s responsibility to ensure that COVID-19 vaccines are distributed equally in reflecting distributive justice by enquiring to what extent the government’s policy on independent vaccination relates to the fulfillment of human rights. This study used a legal research method based on a literature review. This study showed that some aspects of the vaccination are under distributive justice and welfare state. However, the Gotong Royong vaccination policy does not refer to distributive justice and the welfare state, resulting in injustice, discrimination, and economic inequality because it only provides certain privileged citizens access to vaccines. Therefore, the government needs to reconsider the Gotong Royong vaccination, focusing on accelerating the vaccination system for vulnerable individuals and groups. KEYWORDS: COVID-19, Right to Health, Social Justice, Vulnerable Groups.


Author(s):  
Halyna Muliar ◽  

The article is devoted to the study of international legal aspects of ensuring the constitutional right to protect health in Ukraine in the modern development of the social state and modernization of the legal regulation of public relations. It is argued that the implementation of international legal standards is an important area of reforming the field of medical care and legal support for the provision of medical services, since health care reform requires intensifying the implementation of universal and regional standards in order to create an effective institutional system and an appropriate legislative framework. The health sector is one of the most important objects of public administration, since the social level of the welfare of the people and each individual citizen, the potential for sustainable development of the nation and the economic opportunities of the state and society directly depend on the quality of the provision of medical services. It is noted that the study of the general principles of international legal regulation of health care is of exceptional relevance at the present stage is constantly growing in the context of expanding the scope of international public law to issues that previously traditionally belonged to the sphere of regulation of domestic legislation of individual countries. One of these areas of legal regulation is the social sphere and, in particular, the health sector. In this area, the development and adoption of a large number of universal and regional international legal standards regarding the means of ensuring the proper level of public health, combating infectious and non-communicable diseases, and organizational reform of the system of health care institutions is observed. Thus, the standardization of the right to health care at the level of universal human rights standards is an important guarantee of the realization of this right at the domestic level, imposing on states, including Ukraine, responsibilities for its proper and effective provision. At the same time, general international human rights legal acts, which, among other objects of regulation, determine fundamental international standards in the field of health care, form the basic basis for ensuring the constitutional right to health care at the level of individual national legal systems.


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.


2017 ◽  
Vol 29 (1) ◽  
pp. 162
Author(s):  
Ratna Juwita

AbstractThis article argues that health sector corruption is a direct threat towards universal health care in Indonesia. Three Indonesian legal cases of health sector corruption are selected to exemplify the reality of health sector corruption and it’s detrimental effect to the realization of the right to health. This article emphasizes that corruption causes misallocation and embezzlement of the fund that hampers the State party to optimally provide universal health care for the people. This article suggests that in order to establish quality and sustainable universal health care as an instrument for the realization of the right to health, the State party has to prioritize on the elimination of health sector corruption.Keywords: corruption, Indonesia, right to health, health care.IntisariArtikel ini membahas perihal korupsi di sektor kesehatan yang merupakan ancaman bagi perlindungan kesehatan universal di Indonesia. Tiga kasus hukum mengenai korupsi di sektor kesehatan dipilih untuk memberikan gambaran mengenai korupsi di sektor kesehatan dan dampak negatifnya terhadap realisasi hak atas kesehatan. Artikel ini menekankan bahwa korupsi menyebabkan misalokasi dan penggelapan dana yang menghambat Negara pihak dalam penyediaan pelayanan kesehatan yang optimal bagi semua orang. Artikel ini menyarankan bahwa dalam rangka untuk menyelenggarakan perlindungan kesehatan universal yang berkualitas dan berkelanjutan sebagai instrumen untuk merealisasikan hak atas kesehatan, Negara pihak harus memprioritaskan pemberantasan korupsi di sektor kesehatan.Kata kunci: korupsi, Indonesia, hak atas kesehatan, perlindungan kesehatan.


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
M Magnusson ◽  
I-Z Jama

Abstract The Right to health framework supports available, accessible and acceptable health care of high quality for all (AAAQ). Health of migrants often worsen in the new country. AAAQ may be hindered by poverty, discrimination, health cares' shortcomings and misunderstandings, respectively. Advocating for marginalised groups' Right to health include action. Interventions based on shared influence, participation and control need to be launched. Cultural mediators (CM), i.e. persons that are knowledgeable in both cultures and with networks in migrant groups help overcome lingual problems, lack of trust and uneven power relations. This resource needs to be further examined. How can a CM strengthen AAAQ in a public health setting? Women with Somalian origin living in an underserved neighborhood in Sweden contacted the Public Health Unit of a local hospital, asking for support for a health focused group-activity. Weight loss after delivery was a primary concern. Women gathered monthly 2018-19. The objective was to support healthy life style habits drawing on issues raised by the women. The intervention was conducted by group talks, led by the CM and a public health planner. Methods were based on Social Cognitive Theory focusing on self-efficacy. The CM recruited women, helped them to find the venue, encouraged them to trust the public health planner and broadened perspectives to include female genital mutilation, children's food, how to seek care and workforce issues. Trust developed over time. 70 women participated. Reported gains were raised awareness of ones' rights, increased self-efficacy in relation to food, physical activity and how to support children to a healthy life style. Support for a healthy lifestyle was made more available, accessible and acceptable by the cooperation with the CM, as was the quality of the support. A CM bridges distances regarding spoken language, trust and cultural understanding. S/he puts forward perspectives and needs from the group in question Key messages The Right to health framework highlights areas that need to be in focus when advocating for health equity. Health care workers in settings with many migrants should strive to include cultural mediators in planning, execution and evaluation of interventions.


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