scholarly journals AUTONOMIA PARENTAL EM SAÚDE E CONFORMAÇÃO DO MOVIMENTO ANTIVACINAÇÃO NO CENÁRIO DE PÓS-VERDADE

2020 ◽  
Vol 2 (59) ◽  
pp. 453
Author(s):  
Gustavo Silveira BORGES ◽  
Taciana Damo CERVI ◽  
Thami Covatti PIAIA
Keyword(s):  
Analytical Procedure ◽  
Legal Protection ◽  
Right To Health ◽  
Human Right ◽  
Children Health ◽  
Health Promoting ◽  
The Media ◽  
Parental Autonomy ◽  
The Right ◽  
The Impact

RESUMO Objetivo: O presente artigo tem como objetivo principal investigar o crescimento do movimento antivacinação e a complexidade ético-jurídica na ponderação do exercício da autonomia parental na recusa vacinal, os direitos das crianças e a tutela da saúde pública. Metodologia: O estudo adota o método de abordagem hipotético-dedutivo e o método de procedimento analítico por meio da revisão bibliográfica. Resultados: A pesquisa identifica os desafios relacionados à promoção da saúde infantil no contexto de consagração da pós-verdade; demonstra estatisticamente a redução no índice de doenças mediante a implementação de políticas públicas de vacinação e de que os benefícios da imunização prevalecem sobre os riscos. Contribuições: A partir da análise realizada, identifica no cenário de internet e pósverdade o impacto da tecnologia algorítmica na atual construção dos papéis sociais que estimulam a expansão de posturas negacionistas a partir de especulações ou inverdades propagadas pela mídia, o que reforça a necessidade de formulação de estratégias para uma conscientização verdadeira, atinente à proteção jurídica universal do direito humano à saúde. Ao final, ressalta a importante atuação do Estado para coibir a recusa vacinal, bem como a participação da sociedade civil na formulação de estratégias para a efetivação do direito à saúde. Palavras-chave: Movimento antivacinação; saúde; direitos humanos; pós-verdade. ABSTRACT Objective: The research analyses the growth of the anti-vaccine movement and the ethic-legal complexity in pondering the use of parental autonomy in vaccines refusal, children rights and the protection of public health. Methodology: The study adopts the hypothetical-deductive approach and the analytical procedure method through bibliographic review. Results: The research identifies the challenges related to children health promoting in the post-truth context consecration; it shows statistically the reduction in the diseases index with implementation of vaccine related public policies and that the benefits of immunization prevail under the risks attached to it. Contributions:The research identifies the internet and post-truths scenarios and the impact of algorithmic technology in the current construction of social roles that incentive the expansion of denial postures through speculations of untruths propelled by the media, which reinforces the need of the formulation of strategies for a real enlightenment towards a universal legal protection of the human right to health. Finally, the study highlights the important performance of the State to deter vaccines refusal, as well as to the participation of civil society in the formulation of strategies to turn in effect the right to health. Keywords: Anti-vaccine movement; health; human rights; post-truth.

Trade Rules, Intellectual Property, and the Right to Health

2007 ◽  
Vol 21 (3) ◽  
pp. 337-357 ◽  
Author(s):  
Lisa Forman
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Right To Health ◽  
Essential Medicines ◽  
Human Right ◽  
Poor Countries ◽  
Access To Essential Medicines ◽  
The Right ◽  
Human Rights Standards ◽  
The Impact

In perpetuating and exacerbating restricted access to essential medicines, current trade-related intellectual property rules on medicines may violate core human rights to health and medicines. In this light, their impact on the global disease burden raises serious questions about their necessity, and their justification should be critically assessed from the perspective of human rights standards. These standards require that international trade rules on medicines be justified to the fullest extent possible, and permitted only to the extent to which they can be justified. In this article I explore the impact of trade rules on medicines access, and the growing force of the human right to health. I argue that the limited justification for strong patents in poor countries suggests the need for significant reform of trade-related intellectual property rights. I argue further that human rights standards may offer both normative and practical tools for achieving this reform and for challenging trade rules on medicines at various levels.

scholarly journals THE IMPACT OF COVID-19 PANDEMIC ON IMPROVING THE LEGAL REGULATION OF PROTECTION OF HUMAN RIGHT TO HEALTH

2020 ◽  
Vol 73 (12) ◽  
pp. 2768-2772
Author(s):  
Oleh M. Omelchuk ◽  
Inna V. Shevchuk ◽  
Anna V. Danilova
Keyword(s):  
Criminal Liability ◽  
Analytical Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
Right To Health ◽  
Human Right ◽  
Main Research ◽  
Cultural Rights ◽  
The Right ◽  
The Impact

The aim: Theoretical and methodological substantiation of the impact of COVID-19 on the implementation of state policy on the protection of human right to health in terms of improving the legal framework in the field of demographic security. Materials and methods: The main research materials are the norms of the International Covenant on Economic, Social and Cultural Rights, the Conventions for the Protection of Human Rights and Fundamental Freedoms and the legal framework of the countries that have adopted temporary quarantine measures. This research is based on empirical and analytical data from WHO, Bloomberg's financial information provider. During the research, the following methods have been used: statistical, system-structural analysis, content-analysis, comparison, grouping and forecasting. Conclusions: Under the conditions of pandemic, attention should be paid to strengthening both administrative and criminal liability for violating quarantine, which will serve as a prerequisite for improving the legal mechanism of combating threats to the country's demographic security. The protection of the right to health requires the state to create conditions to prevent the risk of occupational diseases among health care workers and others involved in the response to COVID-19.

Readers' Liberation

2018 ◽  
Author(s):  
Jonathan Rose
Keyword(s):  
Cultural History ◽  
Freedom Of Information ◽  
Human Communication ◽  
Human Right ◽  
Investigative Journalism ◽  
Literary Education ◽  
History Of ◽  
The Media ◽  
The Right ◽  
Promotion Campaigns

The Literary Agenda is a series of short polemical monographs about the importance of literature and of reading in the wider world and about the state of literary education inside schools and universities. The category of 'the literary' has always been contentious. What is clear, however, is how increasingly it is dismissed or is unrecognised as a way of thinking or an arena for thought. It is sceptically challenged from within, for example, by the sometimes rival claims of cultural history, contextualized explanation, or media studies. It is shaken from without by even greater pressures: by economic exigency and the severe social attitudes that can follow from it; by technological change that may leave the traditional forms of serious human communication looking merely antiquated. For just these reasons this is the right time for renewal, to start reinvigorated work into the meaning and value of literary reading. For the Internet and digitial generation, the most basic human right is the freedom to read. The Web has indeed brought about a rapid and far-reaching revolution in reading, making a limitless global pool of literature and information available to anyone with a computer. At the same time, however, the threats of censorship, surveillance, and mass manipulation through the media have grown apace. Some of the most important political battles of the twenty-first century have been fought--and will be fought--over the right to read. Will it be adequately protected by constitutional guarantees and freedom of information laws? Or will it be restricted by very wealthy individuals and very powerful institutions? And given increasingly sophisticated methods of publicity and propaganda, how much of what we read can we believe? This book surveys the history of independent sceptical reading, from antiquity to the present. It tells the stories of heroic efforts at self-education by disadvantaged people in all parts of the world. It analyzes successful reading promotion campaigns throughout history (concluding with Oprah Winfrey) and explains why they succeeded. It also explores some disturbing current trends, such as the reported decay of attentive reading, the disappearance of investigative journalism, 'fake news', the growth of censorship, and the pervasive influence of advertisers and publicists on the media--even on scientific publishing. For anyone who uses libraries and Internet to find out what the hell is going on, this book is a guide, an inspiration, and a warning.

scholarly journals PROBLEMS OF PROTECTION AGAINST CORRUPTION IN THE HEALTHCARE SYSTEM

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 65-70
Author(s):  
E. V. Shirmanov ◽  
Keyword(s):  
Health Sector ◽  
Legal Protection ◽  
Criminal Code ◽  
Right To Health ◽  
Constitutional Rights ◽  
Quality Of Medical Care ◽  
The Subject ◽  
The Right ◽  
Normal Relationship

The Right to health protection is one of the most fundamental constitutional rights. It is subject to criminal legal protection. While the attacks on him appear not only in the form of crimes such as causing harm by negligence (part 2 of article 118 of the Russian Criminal Code), failure to assist a patient (article 124 of the Russian Criminal Code), etc., but also corruption crimes. Corruption threatens the normal relationship between doctor and patient, medical institution and patient, which reduces the quality of medical care. It threatens not only people’s property, but also their lives and health. Manifestations of corruption in health care are different, they are many, and they should all be taken into account in determining measures and means to combat this dangerous social phenomenon. The effectiveness of the fight against corruption in the health sector is largely due to the knowledge of its various manifestations. These problems are the subject of the proposed article

scholarly journals Analysis of Mass Medias Effect on Formation Youths Mindset in the Media Landscape

2019 ◽  
Vol 8 (4) ◽  
pp. 763-773
Author(s):  
Svetlana Koryagina ◽  
Irina Kravchenko
Keyword(s):  
Information And Communication Technologies ◽  
The State ◽  
The Other ◽  
Young Generation ◽  
Government Control ◽  
Role Of The State ◽  
Youth Media ◽  
The Media ◽  
The Right ◽  
The Impact

The article describes the impact of the Mass Media on the formation of the worldview of the young. This impact may be positive or negative. On the one hand, the media educate young people and enhance their participation in public life. On the other hand, they may mislead or promote false values, and manipulate the young generation’s consciousness. What helps people not to get involved into the tried-and-true crowd manipulation scheme in the media landscape is critical thinking, whose lack results in inability to choose the right guidelines in the flow of false information provided by various Media. The authors emphasize the role of the state, which, regarding the needs of the society, should enculturate the young generation, as well as exercise tight control over communication in the global web and publications in the Internet Media and social networks. One of the directions of the state’s policy is expanding the geography of information and communication technologies, and the other is ensuring information security of the young in general and adolescents in particular. To provide this, the state develops organizational and legal mechanisms aimed at protecting children from harmful information in the web, and requirements for the content, its expert evidence and government control. The article demonstrates the results of a study carried out by the authors to assess the current youth Media and their influence on criminality. The key criterion for selecting participants of the focus group was young age, since the young are the most active and the least protected players in the media landscape. The sampling was made by random choice in order to ensure equal opportunities for participation in the study.

scholarly journals THE HUMAN RIGHT TO HEALTH: A RETROSPECTIVE ANALYSIS AFTER 70 YEARS OF INTERNATIONAL RECOGNITION

2018 ◽  
pp. 24-42
Author(s):  
MARÍA DALLI
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
World Health ◽  
Health Coverage ◽  
Human Right ◽  
The Sustainable Development ◽  
Cultural Rights ◽  
Health Organization ◽  
The Individual ◽  
The Right

In 1948, the General Assembly of the United Nations adopted the first international text recognising universal human rights for all; the Universal Declaration of Human Rights. Article 25 recognises the right to an adequate standard of living, which includes the right to health and medical care. On the occasion of the 70th anniversary of the Declaration, this article presents an overview of the main developments that have been made towards understanding the content and implications of the right to health, as well as an analysis of some specific advancements that aim to facilitate the enforcement thereof. These include: a) the implication of private entities as responsible for right to health obligations; b) the Universal Health Coverage goal, proposed by the World Health Organization and included as one of the Sustainable Development Goals; and c) the individual complaints mechanism introduced by the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (adopted on the 10th December 2008, 60 years after the UDHR).

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 RIGHT TO FOOD FOR ALL IN INDIA: MYTH OR REALITY

2018 ◽  
pp. 178-189
Author(s):  
Grishma Soni ◽  
Prachi V. Motiyani
Keyword(s):  
Carbon Dioxide Emission ◽  
Right To Life ◽  
Human Right ◽  
Right To Food ◽  
Complex Issue ◽  
The People ◽  
The World ◽  
The Government ◽  
The Right ◽  
The Impact

As we all know that food is the basic Human necessity, without which no one can survive. Making food available for all the people in the world is now days becoming a complex issue. The availability food is decreasing as a result of increase in population that will result in food insecurity or malnutrition. Indian constitution interprets the right to food as part of right to life, which is fundamental human right. Change in climate, the impact of globalization, Global Warming, Carbon dioxide emission from fuel etc. also affects the right to food of many people. This paper examines the situation prevailing in India and looks into the obligations and initiatives by the government of India to ensure Right to Food and make suggestions for addressing the issue and examines the possible way to make the scheme workable to achieve food security.

The Impact of New Technologıes on Human Rıghts ın the Context of the Rıght to be Forgotten and the Rıght to Prıvacy

2021 ◽  
pp. 125
Author(s):  
GULNAZ AYDIN RZAYEVA ◽  
AYTAKIN NAZIM IBRAHIMOVA
Keyword(s):  
Human Rights ◽  
New Technologies ◽  
Personal Data ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Right To Be Forgotten ◽  
Internet Information ◽  
The Media ◽  
The Right ◽  
The Impact

The development of new technologies also has an impact on human rights. In the previous “epochs” of global information society, it was stated that that traditional rights can be exercised online. For instance, in 2012 (and again in 2014 and 2016), the UN Human Rights Council emphasized that ‘the same rights granted to people, so to speak, in an “offline” manner, must be protected online as well’. This, in its turn, implicitly brought to the reality that the new technetronic society did not create new rights. Though, we should take into consideration that in the digital world national legislative norms that guarantee the confidentiality of personal data often do not catch up with the technological development and, thus, can’t ensure confidentiality online. Therefore, the impact of digitalization on human rights within the frames of international and national laws should be broadly analysed and studied. The article’s objective is to analyze the impact of new technologies on human rights in the context of the right to be forgotten and right to privacy. Because the development of new technologies is more closely linked to the security of personal data. With the formation of the right to be forgotten, it is the issue of ensuring the confidentiality of certain contents of personal data as a result of the influence of the time factor. The authors conclude that, the right to be forgotten was previously defended more in the context of the right to privacy. However, they cannot be considered equal rights. The right to be forgotten stems from a person’s desire to develop and continue his or her life independently without being the object of criticism for any negative actions he or she has committed in the past. If the right to privacy contains generally confidential information, the right to be forgotten is understood as the deletion of known information at a certain time and the denial of access to third parties. Thus, the right to be forgotten is not included in the right to privacy, and can be considered an independent right. The point is that the norms of the international and national documents, which establish fundamental human rights and freedoms, do not regulate issues related to the right to be forgotten. The right to be forgotten should be limited to the deletion of information from the media and Internet information resources. This is not about the complete destruction of information available in state information systems. Another conclusion of authors is that the media and Internet information resources sometimes spread false information. In this case, there will be no content of the right to be forgotten. Because the main thing is that the information that constitutes the content of the right to be forgotten must be legal, but after some time it has lost its significance. The scope of information included in the content of the right to be forgotten should not only be related to the conviction, but also to other special personal data (for example, the fact of divorce).

O’Keeffe v. Ireland: overview and analysis

2017 ◽  
Author(s):  
James Gallen
Keyword(s):  
Human Rights ◽  
Sexual Abuse ◽  
Tort Law ◽  
European Convention ◽  
Human Right ◽  
Vicarious Liability ◽  
European Court ◽  
Effective Remedy ◽  
The Right ◽  
The Impact

James Gallen’s chapter reviews the case and the contributions of Adrian Hardiman and Conor O’Mahony to this book. Gallen argues that their discussion reveals the tension between the principle of subsidiarity and the right to effective protection and an effective remedy in the European Convention on Human Rights. The chapter argues that the case of O’Keeffe v Ireland also raises concerns about the European Court of Human Right methodology for the historical application of the Convention and about the interaction of Article 3 positive obligations with vicarious liability in tort. A further section examines the impact of the decision for victims of child sexual abuse and identifies that the decision provides the potential for an alternative remedy to the challenging use of vicarious liability in Irish tort law.

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