scholarly journals Compulsory vaccination: Public benefit or individual’s right limitation

2021 ◽  
Vol 21 (4) ◽  
pp. 755-768
Author(s):  
O. A. Yastrebov
Keyword(s):  
Public Health ◽  
Social Norm ◽  
Seat Belt ◽  
Well Being ◽  
Legal Regulation ◽  
The State ◽  
Individual Autonomy ◽  
Individual Rights ◽  
Seat Belts ◽  
Compulsory Vaccination

Mass vaccination and its controversial assessments have become key issues under the covid-19 pandemic. Outbreaks of diseases and popularity of anti-vaccination movements require a study of legal foundations for medical interventions and freedom restrictions which are considered as the result of serious risks to health and sanitary-epidemiological well-being of the population. The question is what should be prioritized - paternalistic powers of the state or individual rights and freedoms to decide what risks to take. In terms of responsibility distribution, people often consider vaccines as more dangerous than infectious diseases [17], which makes compulsory vaccination a legal phenomenon of particular importance. In the contemporary legislation, there are various national approaches to the individual autonomy and freedoms. In some countries, vaccination is directly linked to the possibility to study (USA), in others it is associated with public health (Australia), financial sanctions (Poland) or freedoms limitations (Pakistan). In terms of public health ethics, vaccination is similar to the use of seat-belts in cars, and compulsory vaccination policy is ethically justified by the same reasons as mandatory seat-belt laws [8]: at first, they were met with great opposition; later the use of seat belts acquired the significance of not only a legal but also a social norm precisely because it was made mandatory [1]. The similar approach is applicable to vaccination: the policy of compulsory vaccination can make it a social norm. However, in the legal perspective, compulsory vaccination is a compulsory medical intervention which raises the question about whether it is possible to limit individual rights and freedoms in the name of public health safety. The article considers contradictory issues in the state policy of compulsory vaccination and its legal support. The author presents a definition of compulsory vaccination, identifies its types, describes the specifics of its national legal regulation and sanctions for the refusal to be vaccinated, and explains its social necessity and expediency as a public good.

scholarly journals Search for the Optimal Model of Institutional Capacity to Counteract Infectious Threats in the Modern World

2021 ◽  
Vol 15 ◽  
pp. 342-349
Author(s):  
Oleksandr T. Zyma ◽  
Olha M. Soloviova ◽  
Iryna V. Boiko ◽  
Valentyna A. Somina ◽  
Yuliia V. Mekh
Keyword(s):  
Public Health ◽  
Public Administration ◽  
Systematic Approach ◽  
Well Being ◽  
Small Population ◽  
Epidemiological Surveillance ◽  
Modern World ◽  
Compulsory Vaccination ◽  
Building Systems ◽  
The World

Epidemiological surveillance of public health is an important tool for protection against viral and infectious diseases, both at the national and international levels. Its key role is played by such components as prevention, sanitary protection, compulsory vaccination, audit of the epidemic situation, special anti-epidemic measures, etc. Their implementation requires a systematic approach, which can only be ensured by professional, balanced, and scientifically sound public administration in the field of public health, including on the international scale. The COVID-19 pandemic has exposed a number of issues related to public administration in healthcare and epidemiological surveillance. In this article, the authors analyse the world experience of building systems that ensure sanitary and epidemiological well-being, and try to assess its impact on the effectiveness of counteracting epidemiological threats. In the course of the study, the authors investigated the structure of the system of anti-epidemic and sanitary bodies of more than forty countries of the world. The authors have left out countries with a small population (because they are characterised by universalisation, multifunctionality of public administration entities) and countries whose statistics on the spread of COVID-19 are questionable. For others, it was possible to identify three main approaches to building a system of sanitary and anti-epidemic bodies and to propose appropriate models of the institutional mechanism of public administration in the field of epidemiological well-being.

scholarly journals Disparity in the quality of COVID-19 data reporting across India

2020 ◽  
Author(s):  
Varun Vasudevan ◽  
Abeynaya Gnanasekaran ◽  
Varsha Sankar ◽  
Siddarth A. Vasudevan ◽  
James Zou
Keyword(s):  
Public Health ◽  
Pearson Correlation ◽  
National Level ◽  
Well Being ◽  
The State ◽  
Unified Framework ◽  
Quality Of Data ◽  
Data Reporting ◽  
Union Territory

Background. Transparent and accessible reporting of COVID-19 data is critical for public health efforts. Each state and union territory (UT) of India has its own mechanism for reporting COVID-19 data, and the quality of their reporting has not been systematically evaluated. We present a comprehensive assessment of the quality of COVID-19 data reporting done by the Indian state and union territory governments. This assessment informs the public health efforts in India and serves as a guideline for pandemic data reporting by other governments. Methods. We designed a semi-quantitative framework to assess the quality of COVID-19 data reporting done by the states and union territories of India. This framework captures four key aspects of public health data reporting - availability, accessibility, granularity, and privacy. We then used this framework to calculate a COVID-19 Data Reporting Score (CDRS, ranging from 0 to 1) for 29 states based on the quality of COVID-19 data reporting done by the state during the two-week period from 19 May to 1 June, 2020. States that reported less than 10 total confirmed cases as of May 18 were excluded from the study. Findings. Our results indicate a strong disparity in the quality of COVID-19 data reporting done by the state governments in India. CDRS varies from 0.61 (good) in Karnataka to 0.0 (poor) in Bihar and Uttar Pradesh, with a median value of 0.26. Only ten states provide a visual representation of the trend in COVID-19 data. Ten states do not report any data stratified by age, gender, comorbidities or districts. In addition, we identify that Punjab and Chandigarh compromised the privacy of individuals under quarantine by releasing their personally identifiable information on the official websites. Across the states, the CDRS is positively associated with the state's sustainable development index for good health and well-being (Pearson correlation: r=0.630, p=0.0003). Interpretation. The disparity in CDRS across states highlights three important findings at the national, state, and individual level. At the national level, it shows the lack of a unified framework for reporting COVID-19 data in India, and highlights the need for a central agency to monitor or audit the quality of data reporting done by the states. Without a unified framework, it is difficult to aggregate the data from different states, gain insights from them, and coordinate an effective nationwide response to the pandemic. Moreover, it reflects the inadequacy in coordination or sharing of resources among the states in India. Coordination among states is particularly important as more people start moving across states in the coming months. The disparate reporting score also reflects inequality in individual access to public health information and privacy protection based on the state of residence. Funding. J.Z. is supported by NSF CCF 1763191, NIH R21 MD012867-01, NIH P30AG059307, NIH U01MH098953 and grants from the Silicon Valley Foundation and the Chan-Zuckerberg Initiative.

scholarly journals The concept of «conflict of interest» in the administrative law of the Russian Federation

2020 ◽  
Vol 15 (4) ◽  
pp. 118-129
Author(s):  
E. V. Okhotsky
Keyword(s):  
Conflict Of Interest ◽  
Well Being ◽  
Research Problem ◽  
Legal Regulation ◽  
Conflict Situation ◽  
The State ◽  
Negative Consequences ◽  
Conflict Of Interests ◽  
The Public ◽  
Interest Policy

Introduction. The analysis of the nature, conditions and reasons for the occurrence and practice of resolving (preventing and settling) conflict of interest issues is not only an important applied, but also significant research problem. Situations related to conflict of interest issues, both in the public-state and private sectors, have given rise not only to special scientific research, but also to legislative regulation and managerial practice. A number of countries have adopted special laws on conflict of interest policy norms, established office of state commissioner for conflict of interest policy, and introduced rules regulating employee conflict of interest policy.Materials and methods. The source of the research is regulatory, theoretical, educational, scientific, journalistic works by domestic and foreign authors. The theoretical and methodological basis is the dialectical-materialistic approach to the analysis of the essence of social phenomena, the laws of their development, the features of legal regulation and the controlling effect on them. The research tools are classical: comparative legal analysis, formal logical, concrete historical and system-functional methods. The results of the study. The article presents the author’s interpretation of the of “conflict of interests” concept. Its essence is a conflict situation between public law obligations and individual’s interests, which provokes situations in which the interests of one person lead to potential or real harm to the rights, freedoms and legitimate interests of others persons. Conclusion: the conflict of interests must be managed, which means that it is timely to identify, diagnose, objectively assess possible risks and negative consequences, take adequate organizational and legal measures to resolve the conflict situation. If a public servant does not serve, in accordance with his status and powers, the public and the state, but only cares about his/her own well-being, then such public employees must be dismissed from public office.Discussion and conclusion. Improving the mechanisms for identifying, qualifying, regulating the suppression and punishment of perpetrators, eliminating the negative consequences of breaching the conflict of interest policy are strategically important and rather difficult tasks that challenge not only the state, the law enforcement system and local authorities, but also business, civil society institutions and every citizen . Its solution requires systematic monitoring, comprehensive analysis, decisive and coordinated actions.

The Politics of Public Health: Smallpox in Chile

2003 ◽  
Vol 35 (3) ◽  
pp. 513-543 ◽  
Author(s):  
WILLIAM F. SATER
Keyword(s):  
Public Health ◽  
Nineteenth Century ◽  
Death Rate ◽  
Executive Branch ◽  
The State ◽  
Late Nineteenth Century ◽  
Compulsory Vaccination ◽  
Health Measures ◽  
Late Nineteenth ◽  
Mandatory Vaccination

Beset by a variety of diseases, numerous public health measures were advocated in late-nineteenth century Chile. Among these was the call for mandatory vaccination. Although the state supported programmes to encourage vaccination, these were voluntary. In the early 1880s, however, some legislators argued that compulsory vaccination would substantially reduce the death rate. Surprisingly, the legislature rejected this proposal. Claiming that the vaccination legislation would enhance the power of the executive branch, the congressmen soundly rejected an apolitical proposal designed to improve public health.

scholarly journals State and public health: rethinking value orientations

2020 ◽  
Vol 11 (11) ◽  
pp. 96-101
Author(s):  
Varych O. G.
Keyword(s):  
Public Health ◽  
Health Care ◽  
Human Rights ◽  
Health Care System ◽  
Scientific Knowledge ◽  
Scientific Research ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
The Individual

Summary. The article explores some of the problems of state regulation in the field of health care through the accumulation and application of a wide range of components of the methodological basis of jurisprudence. The basis of this scientific research is a system of principles of scientific knowledge, methodological approaches and methods of scientific research, which in an organic combination are able to ensure the comprehensiveness, objectivity and effectiveness of such research. The article uses a system of principles of scientific knowledge (objectivity, systematicity, professionalism, comprehensiveness, responsibility, publicity, etc.), which determine the ideas and provisions that form the basis of any scientific research, including the study of state law regulation of public health. In addition to the principles of scientific knowledge, a functional scientific approach was used in the work, which allows to reveal the problems of state-legal regulation of health care as an important direction of the functional purpose of the state in the field of public health, to determine the priorities of priority and criteria of effectiveness of state-legal regulation health, methods of its application and generalization of the obtained results, which will allow to conceptualize the idea of the value and priority of the state the general regulation of health care in general and its manifestation in the field of public health in particular. As a cognitive problem state regulation in the health care system was investigated using a system of appropriate methods, including: philosophical and philosophical methods that provide the study of these problems through the plane of the general understanding of the universe and its exceptional value (condition) of life security and human health; general scientific methods, which focus on the objectively conditioned nature of state regulation in the field of public health as a prerequisite for the effective implementation by the state of a function of public health, which is scientific and requires study at the level of various social sciences; special scientific methods that provide research into public health regulation as a phenomenon of public law nature. Within the framework of the conducted scientific research the normative basis of human rights protection in the field of health care was singled out. It has been found out that human rights and citizens' rights in the field of health care in Ukraine are protected by a number of normative legal acts, ratified international instruments, in particular, such as: the Constitution of Ukraine, which recognizes a person, his life and health, honor and dignity, integrity and security of the highest social value, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of Persons with Disabilities, the Convention on the Rights of the Child, the Convention for the Protection of Human Rights and Fundamental Freedoms, European Social Charter. In the article proved that the health of the individual and the population as a whole are of the highest individual and social value, the most important factor of state formation and security of the state, is a basic component of human capital and competitiveness of the country and is closely integrated with the economy, science and defense. The issue of public health is becoming a top priority worldwide, because we are all aware that health is an invaluable asset to every person, an important and necessary condition for a fulfilling life. At the same time, we must not focus solely on the health of the individual, but take into account the health of the individual nation and of society as a whole. In the course of the scientific research the relationship between the current challenges in the field of human health and the need for the states to re-evaluate the policy changes in the direction of solving the problems of reforming the health care system as a value that is of strategic importance for the sustainable development of society and related to urgent tasks of development of the modern state and pledges of favorable social-moral atmosphere and trust to the state. It has been found out that in the process of state-legal regulation in the field of health care it is possible to distinguish the following components: the system of state authorities and local self-government involved in the process of state regulation of relations (institutional component of state-law regulation in the field of health care) and the system of normative legal acts, which constitutes the legal basis of the process of state-legal regulation in the field of health care (the normative component of state-legal regulation in the field of health care). It is proposed to highlight the priority points of state regulation in the field of health care, in particular, the state should clearly define the health of the population as a priority condition for ensuring national security; An important step of the state in the field of health care is to choose the optimal model of the health care system that can take into account and realize the interests of all subjects; Priority direction of the state legal regulation in the field of health care should be a systematic normative basis, which stipulates both the regulation of the existing legal framework in the field of health care and creation of preconditions for ensuring its harmonization with the European legislation; public health regulation should focus on the priority of preserving the health of the population as an important prerequisite for the development and stability of human capital, and therefore the appropriate level of competitiveness of the state; strategic orientation of the state legal regulation in the field of health care is ensuring the effective protection of the environment, which is manifested in the implementation of the state proper ecological function, the combination of effective state regulation of defining areas of environmental safety of the population with the activities of environmental organizations and structures capable of producing new technology. Keywords: public health, regulation, health care, environment.

scholarly journals Evolution of constitutional and legal regulation of human right in Ukraine in the context of development of political systems

2020 ◽  
Vol 4 (92) ◽  
pp. 54-62
Author(s):  
І. Є. Словська
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Social Space ◽  
Legal Regulation ◽  
The State ◽  
Annual Reports ◽  
Individual Rights ◽  
Political Systems ◽  
Public Control ◽  
Protection Of Human Rights

The article examines the evolution of the constitutional and legal regulation of human rights in Ukraine in the context of the development of political systems - from the Marxist-Leninist type to the free European one. It is emphasized that, despite the positivist position on the interpretation of human rights, the ideologues of the modern state interpret it and law, as well as other social phenomena, through the prism of new idealistic concepts. In their opinion, the legal act synthesizes the state will, which is reflected in the legal norm and is obligatory for the competent body applying this norm. Subjective right of a person is interpreted as a measure of possible behavior, devoid of class features. It is emphasized that the Constitution of Ukraine declares the highest social value of a person for his life and health, honor and dignity, inviolability and security. It is stressed that the establishment and protection of human rights and freedoms is the main duty of the state. Thus, according to the constitutional norms, the state is not a passive observer of the realization of the rights and freedoms of citizens, but an active participant in their protection. The existence of state control over the observance and protection of individual rights and freedoms (activities of the state apparatus in the field of protection of rights) and public (control over the redistribution of social space between the state and civil society, coverage of problems between the state and citizens; control over the responsibility of the constitutional state before civil society) is examined. Emphasis is placed on the unity between state and public control over the implementation of social tasks, the effectiveness of social policy and, consequently, the effective protection of the rights, freedoms and legitimate interests of the individual. It is stressed that the shortcomings of law enforcement practice, insufficient protection of individual rights by the state arise for a number of objective reasons.The annual reports of the Verkhovna Rada of Ukraine Commissioner for Human Rights on the observance and protection of the human rights and freedoms of citizens of Ukraine are based on these phenomena. The documents show shortcomings in the protection of all categories of rights and freedoms by public authorities. The author emphasizes that an important factor in the effective functioning of the rule of law is the filling of state-power relations with real legal mechanisms. Real protection of human rights and freedoms is possible if all levels of public power are involved in improving the constitutional order. The number of reforms should be combined with their quality content.

scholarly journals 新冠瘟疫蔓延時的「知情同意」原則

2020 ◽  
Vol 18 (1) ◽  
pp. 67-88
Author(s):  
Ellen Y. ZHANG
Keyword(s):  
Public Health ◽  
Informed Consent ◽  
Ethical Issues ◽  
Civil Liberties ◽  
Relevant Information ◽  
Common Morality ◽  
Individual Autonomy ◽  
Individual Rights ◽  
Middle Point ◽  
Health Crisis

LANGUAGE NOTE | Document text in Chinese; abstract also in English.本文就此次爆發的心冠病毒疸疫，探討中國在對抗疫情過程中所帶出的幾個倫理議題，尤其是如何把握傳染病突發處理中「知情同意」的倫理原則。根據世界衛生組織的規定，「知情同意」意指有行為能力的個體根據充分的相關信息採取行動的主動權，這個行動不能受到強制或謗導。然而在疫情突發時期，知情同意所涵蓋的諸如知情、能力、自願等原則在公共衛生受到挑戰之時也會受到一定的限制。如何在個人自主、個人權利與公共衛生、公共利益之間找到平衡？如何在最低限度的道德言語中找到共同的道德原則，這是疫情中值得探討的倫理議題。本文從世衛《傳染爆發倫理問題指南》出發，對其具 體的倫理原則進行分析，並將其原則放在此次爆發的疫情情境中加以説明，刨析這些原則在具體操作上的困境。作者最後試圖從儒家倫理學的角度闡述如何在東方的「家長主義式干預」和西方的「個體自主式不干預」中找到平衡點，如何在保護公民權利與保證公共衛生中找到平衡點。This paper addresses the question of informed consent during the COVID-19 pandemic. Informed consent is “the process in which a competent individual authorizes a course of action based on sufficient relevant information, without coercion or undue inducement” (WHO, 2016). However, informed consent based on disclosure, capacity, and voluntariness has been seriously challenged during the public health crisis we are facing today. How should we resolve the ethical conflict between individual autonomy and individual rights and public health and public good? How should we attain social consensus through “the minimum grammar” of common morality? In this paper, I first introduce the WHO’s “Guidance for Managing Ethical Issues in Infectious Disease Outbreaks” (2016) and its seven basic principles: justice, beneficence, utility, respect for persons, liberty, reciprocity, and solidarity. I then explain how those principles could face challenges in implementation during the pandemic, as there will always be tensions between individual rights, state interference, and health paternalism. Finally, I explore from a Confucian perspective the possibility of seeking the “middle point” between paternalism and individual autonomy, and between civil liberties and public health.DOWNLOAD HISTORY | This article has been downloaded 26 times in Digital Commons before migrating into this platform.

scholarly journals THE CONCEPT AND CURRENT TRENDS OF PUBLIC HEALTH SYSTEM IN UKRAINE

2021 ◽  
pp. 31-35
Author(s):  
A. H. Shulhai ◽  
H. S. Saturska ◽  
O. V. Saturskyi ◽  
N. O. Terenda ◽  
N. Ya. Panchyshyn ◽  
...  
Keyword(s):  
Public Health ◽  
Health System ◽  
Public Health System ◽  
Well Being ◽  
The State ◽  
Epidemiological Surveillance ◽  
Regulation System ◽  
Social Programs ◽  
The Public ◽  
Further Development

Purpose: to highlight the concept of public health system and public health services in Ukraine. Materials and Methods. Scientific methods of analysis, synthesis and generalization were used in order to achieve this goal. Results. Considering in detail the functioning of public health institutions in Ukraine at the national and regional levels, we can note that to ensure the epidemiological surveillance and assessment of health and well-being of the population modern new tools were created. These tools have been used to monitor public health. The basic standards of activity and priorities are used. There are new structures, such as a clear reporting system, financing, monitoring of the quality of labor resources and rendering of services to consumers. The current state of social programs in public health research has shown the presence of a number of theoretical, methodological, economic, organizational, legal problems. Evidence suggests that investing in public health is generally cost-effective for the health care sector, other sectors, and the economy in a broad sense. A clear position of the state is important for the further development of social programs in public health. The state created the basic conditions for the development of such programs and these conditions were important for the initial stage of their formation. It is a need for creation a regulation system of such programs, which will reflect not only tax benefits, but also other preferences for developers of such programs. Particular attention should be paid to overcome the COVID-19 pandemic, which has made significant changes to the number of chronic and acute diseases and to the public health system. Conclusions. The adoption of the Concept for the Development of the Public Health System in Ukraine in 2016 was a driving stage in the modernization of public health in Ukraine and had a positive impact on its development. There are still problems with the need to improve the further development and modernization of the public health system in Ukraine, which ought to be addressed at the national and regional levels, taking into account the international experience of the highly efficient systems in Europe and the World.

Race and Seat Belts in North Carolina

1996 ◽  
Vol 1560 (1) ◽  
pp. 1-7 ◽  
Author(s):  
Julian M. Benjamin ◽  
Gregory N. Price ◽  
Donald Reinfurt
Keyword(s):  
North Carolina ◽  
Factor Analysis ◽  
Racial Differences ◽  
Seat Belt ◽  
The State ◽  
Random Utility Model ◽  
Random Utility ◽  
Seat Belts ◽  
Utility Model ◽  
Seat Belt Use

An analysis of the determinants of seat-belt use for automobile drivers in the state of North Carolina is presented. A factor analysis and random utility model capture the attributes of seat-belt use that plausibly govern the choice of whether to use them. The principal findings are that enforcement measures such as the levying of fines for not wearing a seat belt are effective in encouraging seat-belt use and that racial differences play a role in the response to enforcement measures in that black drivers are more sensitive to seat-belt enforcement measures than other drivers.

scholarly journals Impacts of COVID-19 lockdowns and stimulus payments on low-income population’s spending in the United States

PLoS ONE ◽  
2021 ◽  
Vol 16 (9) ◽  
pp. e0256407
Author(s):  
Kangli Li ◽  
Natasha Zhang Foutz ◽  
Yuxin Cai ◽  
Yunlei Liang ◽  
Song Gao
Keyword(s):  
Public Health ◽  
Low Income ◽  
Spatial Association ◽  
Well Being ◽  
The United States ◽  
The State ◽  
Low Income Population ◽  
Daily Average ◽  
The Difference ◽  
Zip Code

The COVID-19 pandemic has profoundly impacted the economy and human lives worldwide, particularly the vulnerable low-income population. We employ a large panel data of 5.6 million daily transactions from 2.6 million debit cards owned by the low-income population in the U.S. to quantify the joint impacts of the state lockdowns and stimulus payments on this population’s spending along the inter-temporal, geo-spatial, and cross-categorical dimensions. Leveraging the difference-in-differences analyses at the per card and zip code levels, we uncover three key findings. (1) Inter-temporally, the state lockdowns diminished the daily average spending relative to the same period in 2019 by $3.9 per card and $2,214 per zip code, whereas the stimulus payments elevated the daily average spending by $15.7 per card and $3,307 per zip code. (2) Spatial heterogeneity prevailed: Democratic zip codes displayed much more volatile dynamics, with an initial decline three times that of Republican zip codes, followed by a higher rebound and a net gain after the stimulus payments; also, Southwest exhibited the highest initial decline whereas Southeast had the largest net gain after the stimulus payments. (3) Across 26 categories, the stimulus payments promoted spending in those categories that enhanced public health and charitable donations, reduced food insecurity and digital divide, while having also stimulated non-essential and even undesirable categories, such as liquor and cigar. In addition, spatial association analysis was employed to identify spatial dependency and local hot spots of spending changes at the county level. Overall, these analyses reveal the imperative need for more geo- and category-targeted stimulus programs, as well as more effective and strategic policy communications, to protect and promote the well-being of the low-income population during public health and economic crises.

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