scholarly journals National legal system in relation to vulnerable population groups

Stanovnistvo ◽  
2015 ◽  
Vol 53 (1) ◽  
pp. 19-38
Author(s):  
Marta Sjenicic
Keyword(s):  
Health Care ◽  
Palliative Care ◽  
Health System ◽  
Legal System ◽  
Maternity Leave ◽  
Vulnerable Groups ◽  
Mental Disabilities ◽  
Persons With Disabilities ◽  
The Law ◽  
Rare Illnesses

Vulnerable social groups can be recognized in everyday life, and local legal regulations identify them as well. Strategies and laws clearly identify the increased needs of vulnerable groups. Local legislation, for example, observes comparative law trends and attempts to prevent discrimination of persons with disabilities, emphasizes their human rights and creates the legal framework for taking these persons out of the institutional form of protection and including them into the community. In Serbia however, strategies and laws, as well as by-laws, are written in sectors, and not in cross-sectors manner. Proper caring for persons with disabilities, including persons with mental disabilities, requires an integral approach, namely a mutual approach of the social, health, educational and other sectors. True enough, local regulations stress the need for an intersectional approach, but such an approach is scantily applied in practice, so the comprehensive care that would satisfy the multiple needs of persons with mental disabilities often turns out to be less than expected in the community. Pursuant to national laws and basic ethic principals, all citizens of the Republic of Serbia have the right to health protection without discrimination. Therefore, methods for using health protection, easier than the existing ones, should be found for certain vulnerable groups, depending on their characteristics, and so for the Roma as well, and bearing in mind that systemic health regulations in Serbia open the door to special treatment of these groups. The inaccessible approach to health care of the Roma population persists primarily due to insufficient basic health documentation and basic personal documentation. Personal documents are linked with the registered place of residence, which the Roma, largely do not have. The problem is thus on a wider scale and is not only focused on the health sector. As such, it requires a wider, intersectional approach and a coordinated solution to the problem. In the field of palliative care of terminally ill persons, a solution is on the way to be reached through the Strategy for Palliative Care, by reorganizing the health system. The health system as it is cannot fulfill the needs of persons requiring palliative care. Coextensive systems enable establishing hospices as charity organizations in the non-governmental sector, mainly financed from donations. They represent a support to the health system in taking care of terminally ill patients. For now, our legal system does now allow non-governmental organizations to engage in health activities, although there were initiatives in that direction. To some extent, national regulations offer a basis for treatment of patients with rare illnesses, but without specifying their rights to a diagnosis or treatment and without more detailed regulations on the allocation of funds directed towards diagnosing rare illnesses and treatment of the ill. A lack of legal and financial prerequisites makes them subject to discrimination. The very fact that a large number of these patients are children makes them twice as endangered category of population. The legal system has recently started dealing with a regulation that would support persons suffering from rare illnesses, but the implementation of these provisions has still not completely become a reality. The Law on Health Care and Insurance defines children and women in their reproductive period as an especially vulnerable group. The Law on Rights to Healthcare for Children, Pregnant Women and Women on Maternity Leave, has recently been brought. The Law has been brought with an aim of ensuring rights to health care and transportation costs benefits for children, pregnant women and mothers during maternity leave, regardless of the basis on which they have health insurance. The reason for bringing such a law is noble, but the form of the legal act, which was supposed to realize the set goal, was overemphasized and contributed to the already existing over-norming of Serbian legislature. The legal basis for regulating this issue already existed in the umbrella health laws and should have been realized through by-law regulations.

History and organization of palliative care in Poland

2009 ◽  
Vol 27 (15_suppl) ◽  
pp. e20749-e20749
Author(s):  
E. Swietlik ◽  
A. Doboszynska
Keyword(s):  
Health Care ◽  
Palliative Care ◽  
Social Insurance ◽  
Hospice Care ◽  
Public Health Care ◽  
Full Time ◽  
Voluntary Service ◽  
Terminally Ill Cancer Patients ◽  
Health Care Institutions ◽  
The Law

e20749 Beginning of the hospice care in Poland is associated with democratic opposition in the eighties of the XX century and social movement Solidarity. In 1978, C. Saunders visited Gdansk, Warsaw, and Krakow, supporting an organization of palliative care in Poland. Polish hospice care, similarly to other countries,originated from the necessity of special care of terminally ill cancer patients. Palliative care societies, initially informal, then registered formally, emerged in Poland in 1981. Hospices, both institutional and house hospice care, came into being in all larger cities in Poland to the nineties of the XX century. In 1991, National Forum of the Hospice Movement was founded. This Forum, gathering the majority of hospices, is actually transformed into the association of societies: Forum of the Polish Hospices. In the nineties of the XX century, professional palliative care developed. Since 1998, specialization in the palliative care for both physicians and nurses is available. From the very beginning, hospice care based on the volunteers gathered at the Roman Catholic parish and several priests first organized palliative care. In 1991, The Sejm (lower chamber of the Polish Parliament) passed the law Health care institutions, enabling various societies and associations to establish health care institutions, whereas the law The Social Insurance Act (1997) gives an opportunity to get financial means for hospice care from the State. Actually, there are hospices acting on voluntary service (the number of such hospices decreases), partial voluntary service and also paid employees, and institutions which activities are based on full-time employment and financed by the National Health Fund. About 130 non-profit societies and hospice foundations both secular andchurch exist in Poland. Non-public health care institutions founded 99 hospices. About 70 hospices (both public and private) are stationary. No significant financial relationships to disclose.

scholarly journals Violations of the Right to Health due to Limited Access to Protection of Health during the COVID-19 Pandemic in the Republic of Croatia and Possible Legal ImplicationsL

2021 ◽  
Vol 14 (2) ◽  
Author(s):  
Nina Mišić Radanović
Keyword(s):  
Health Care ◽  
Health System ◽  
Medical Research ◽  
Cancer Detection ◽  
Right To Health ◽  
Vulnerable Groups ◽  
The Republic ◽  
The Right ◽  
Harmful Effects ◽  
Legal Consequences

The battle against the COVID-19 pandemic is still the most important problem and a great challenge for the overburdened health system in the Republic of Croatia. This paper examines the research into how violations of humans’ right to health occurred due to the inaccessibility to health protection for uninfected persons during the COVID-19 pandemic. The research implemented showed that a system of anti-epidemic measures which completely suspended or significantly reduced the possibility to access primary and hospital health care, stopped preventive programs of cancer detection. Much medical research has already revealed the possible harmful effects to people's health in the increase in cases of the contraction of and death from cancer and other serious illnesses, particularly in relation to certain vulnerable groups for example, women and oncology patients. The author concludes that the right to access protection of health during the COVID-19 pandemic in the Republic of Croatia was significantly limited and analyzes possible legal consequences which could occur due to the suspension or limitation to the right to access health care as a violation of the right to health.

scholarly journals The Functionalization of Law and Criminal Procedures to Confront Health Care Fraud in Hospitals

2021 ◽  
Vol 8 (3) ◽  
pp. 332-355
Author(s):  
Musa Pane ◽  
Diah Pudjiastuti
Keyword(s):  
Health Care ◽  
Health Service ◽  
Health Services ◽  
Legal System ◽  
Descriptive Study ◽  
Literature Study ◽  
Proper Place ◽  
Health Care Fraud ◽  
Service Institution ◽  
The Law

Fraud is a systematic crime that has a very broad impact. It can happen in any fields, including in hospitals. Fraud is a form of corruption. Hospital is a health service institution. Corruption in hospitals has the potential to lead to ineffective health services for people. The phenomenon of health care fraud in hospital is an indication the law does not function in accordance with the objective. This study aims to determine the functionalization of law and sentence for fraudulent acts as a form of corruption in hospitals based on justice values. This study is a descriptive study with normative juridical method that employed statutory and conceptual approaches. The data were collected through a literature study. It was subsequently analyzed qualitatively. This study is of the position to view that prosecution of criminal acts of corruption requires functionalization of law. The functionalization of law must be interpreted as positioning everything in its proper place. It is the synergy of the legal system, which consists of formulative, judicial, and executive policies. The criminal procedures can apply the punishment system for perpetrators of fraudulent acts in hospitals that includes extended alternative punishment.

How accessible is the Serbian health system? Main barriers and challenges ahead

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
C Hernandez-Quevedo ◽  
V Bjegovic-Mikanovic ◽  
M Vasic ◽  
D Vukovic ◽  
J Jankovic ◽  
...  
Keyword(s):  
Health Care ◽  
Health System ◽  
Medical Care ◽  
Access To Health Care ◽  
Unmet Need ◽  
Policy Issue ◽  
Vulnerable Groups ◽  
Free Access ◽  
Access To Health ◽  
Underlying Causes

Abstract Background Access to health care is a key health policy issue faced by countries in the WHO European Region and Serbia is not an exception. There is increasing concern that financial and economic crisis may have delay progress regarding the performance of the Serbian health system. While substantial development has been experienced by the Serbian health system since 2000, we analyse whether barriers to health care access exist in the country and the underlying causes. Methods We combine quantitative and qualitative methods to assess the accessibility of the Serbian health system. We use the latest data available both at national (e.g. National Health Survey) and European (EUSILC) level to understand whether barriers to access exist and the underlying causes. On the qualitative side, we analyse the different policies implemented by the Serbian government to improve the accessibility of the health system in the last decade, identifying the challenges ahead for the country. Results We find that, in 2018, 5.8% of the Serbian population reported unmet need for medical care due to costs, travel distances or waiting lists, well above the EU28 average and much higher than in neighbouring countries. Financial constraints are reported to be the main reason for unmet needs for medical care. Long waiting times also impede the accessibility of health services in Serbia. Conclusions Serbia has a comprehensive universal health system with free access to health care, however, some vulnerable groups, such as those living in poverty or Roma people in settlements, have more barriers in accessing health care. It is expected that Serbia will continue to develop policies focused on reducing barriers to accessing health care and improving the efficiency of the health system, supported by international organisations and in the context of the EU accession negotiations. Key messages Some vulnerable groups have more barriers in accessing adequate care in Serbia. National initiatives are in place to increase access to the health system but there is scope for further work.

scholarly journals INTERDEPENDENCE, INDIVISIBILITY AND THE SOCIAL RIGHTS OF PERSONS WITH DISABILITIES IN THE LAW OF QATAR

2017 ◽  
pp. 49
Author(s):  
MARÍA DEL CARMEN BARRANCO AVILÉS ◽  
KHALID AL ALI ◽  
PATRICIA CUENCA GÓMEZ ◽  
RAFAEL DE ASÍS ROIG ◽  
PABLO RODRÍGUEZ DEL POZO
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Social Protection ◽  
Social Rights ◽  
Persons With Disabilities ◽  
Good Level ◽  
The Social ◽  
Protection Of Human Rights ◽  
The Law ◽  
Human Rights Based Approach

Based on the description of the situation of some social rights of persons with disability in Qatar, this article is aimed to highlight the need to address the protection of human rights from interdependence and indivisibility. The analysis of Qatar Law reveals that social protection alone is not sufficient guarantee of dignity, as would not be a system based exclusively on freedom as not interference. Although providing noteworthy resources for persons with disabilities along with a good level of social protection and health care, Qatar does not base its system on autonomy and inclusion and this is a shortcoming to move towards a human rights-based approach.

scholarly journals Modified Palliation in Cancer Patients during COVID-19 Pandemic

2020 ◽  
Vol 4 (1) ◽  
pp. 8-10
Author(s):  
Bhawna Wagle ◽  
Eliza Koirala
Keyword(s):  
Health Care ◽  
Palliative Care ◽  
Health Care Services ◽  
Psychosocial Support ◽  
Virus Disease ◽  
Vulnerable Groups ◽  
Early Palliative Care ◽  
Health Delivery ◽  
Care Services ◽  
Demand For Health

Corona virus disease 2019 (COVID 19) has put huge challenge to the health delivery system all across the globe. The risk of mortality due to COVID 19 is highest on critically ill patients and those with preexisting disease. Palliative and end of life care are no exceptions to the surge in increased demand for health care services. It is now an essential part of global health care. The benefits of early palliative care are already well established. In the pandemic like this, we must not pull back the services, particularly in these vulnerable groups. It is important to determine how best to deliver palliative care during this crisis. It may include preparedness to shift the focus of resources to community level and the innovative use of telemedicine. Use of telemedicine is to ease patients and minimize caregiver distress, and to prevent hospitalizations. The fear of contracting COVID-19 and the emotional burden during diagnosis requires the need of continuous psychosocial support. These challenges should be handled by specialized and skilled interdisciplinary palliative care team.

scholarly journals Palliative Care in Brazil: A Challenge to the Health-Care System

2008 ◽  
Vol 2 ◽  
pp. 117822420800200 ◽  
Author(s):  
Ciro Augusto Floriani
Keyword(s):  
Health Care ◽  
Palliative Care ◽  
Developing Countries ◽  
Health System ◽  
Health Systems ◽  
Health Care System ◽  
Hospice Care ◽  
Global Expansion ◽  
Hospice Movement ◽  
Care System

The global expansion of the modern hospice movement has been fast and impressive, and in developing countries this phenomenon has also been registered, despite the structural and operational difficulties of their health systems. This article will address the scenario of palliative and hospice care in Brazil, pointing to the challenges and difficulties for the implementation of this comprehensive programme within its health system.

Homeless people in the legal system

2020 ◽  
Vol 35 (1) ◽  
pp. 135-153
Author(s):  
Jolanta Zozula
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Legal System ◽  
Homeless People ◽  
Voting Rights ◽  
Practical Implementation ◽  
Legal Provisions ◽  
Legal Situation ◽  
Housing Needs ◽  
The Law

The article is devoted to the legal situation of people in a crisis of homelessness from the perspective of the implementation of human and citizen rights. To this end, the law was reviewed in the scope of satisfying housing needs, the possibility of obtaining an ID card, employment, active voting rights and health care. These are, of course, only selected areas in which the particular situation of homeless people is reflected. Attempts have been made to indicate that the legislator, as a rule, takes into account the specific conditions of existence of homeless people by introducing regulations that allow them to use the full catalogue of human rights and freedoms while respecting the principle of non-discrimination due to the lack of housing or residence. Despite this, there are still areas where the welfare of homeless people is not properly protected. The reason for this situation are difficulties in the practical implementation of solutions contained in normative acts, imprecise legal provisions, as well as the very diverse situation of people experiencing homelessness.

scholarly journals Challenges to Manage Pandemic of Coronavirus Disease (COVID-19) in Iranian Special Situation: A Qualitative Multi-Method Study

2021 ◽  
Author(s):  
Hamidreza Khankeh ◽  
Mehrdad Farrokhi ◽  
Juliet Roudini ◽  
Negar Pourvakhshoori ◽  
Shokoufeh Ahmadi ◽  
...  
Keyword(s):  
Health Care ◽  
Health System ◽  
Health Care Workers ◽  
Social Inequalities ◽  
Patient Flow ◽  
Lessons Learned ◽  
Vulnerable Groups ◽  
Contact Tracing ◽  
Cultural Issues ◽  
Care Workers

Abstract BackgroundWith the unprecedented expansion of COVID-19 in the world since December 2019, the Iranian health system like other countries faced various challenges in managing the disease, which led to obtaining numerous experiences and lessons learned. The aim of this study is to identify these challenges, in regard with unique political, economic, and cultural issues which could help to other countries with similar situation.MethodsThe present study was performed using a qualitative multi-method approach with a content analysis method. The data were collected through in-depth and semi-structured interviews and Focused Group Discussions with 60 key persons, policy makers, health care workers and affected people by the disease, and the review of all available national reports between February 21, 2020, and December 22, 2020. The data collection and analysis process took place simultaneously.ResultsIn this study, critical challenges related to the management of COVID-19 in the health system were, including; The limited evidence and scientific controversies, Poor social prevention and social inequalities, Burnout and sustained workload among health care workers, Improper management of resources and equipment, Lack of guideline for case contact tracing and patient-flow, Community mental health problem. ConclusionsAccording to the study, measurements should be taken to conduct a continuous comprehensive risk assessment and develop a national response plan with an emphasis on exact case contact tracing, active screening, patient flow, paying attention to the psychological and social dimensions of the disease and also transparency of social inequalities in the face of risk factors of the COVID-19. And finally, supporting vulnerable groups using community capacity and cooperating international community to provide vaccine which is difficult to procure due to the sanction.

Sign in / Sign up

Export Citation Format

Share Document