scholarly journals DINAMIKA POLITIK HUKUM DALAM PEMENUHAN HAK ATAS KESEHATAN DI INDONESIA

2018 ◽  
Vol 4 (1) ◽  
pp. 227-251
Author(s):  
Rico Mardiansyah
Keyword(s):  
Health Care ◽  
Right To Health ◽  
Public Health Care ◽  
The Political ◽  
Health Care Insurance ◽  
Public Health Care System ◽  
National Health Care ◽  
Normative Approach ◽  
The Social ◽  
The Right

The right to health is widely recognized as basic human rights and consequently it is the state’s duty to guarantee its fulfilment.  The Indonesian government, in realization of this duty, develops and put in place a national health care (insurance) system, which successful working depend on citizens paying equal amount of the premium needed to sustain this public health care system.  However, the same state, in the context of social justice and welfare, provide poor citizens with monetary aid. This article discusses, by using a juridical normative approach, supplemented by an inter-multi disciplinary approach, the political dynamics underpinnings influencing the social or health care system’s implementation.

scholarly journals NEPRUŽANJE ZDRAVSTVENE SKRBI KAO POVREDA ČLANKA 3. EUROPSKE KONVENCIJE S POSEBNIM OSVRTOM NA PRAKSU SUDA U PREDMETIMA IZVAN KONTEKSTA ZADRŽAVANJA

2021 ◽  
Vol 37 (2) ◽  
pp. 83-104
Author(s):  
Maša Marochini Zrinski ◽  
Karin Derenčin Vukušić
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
European Convention ◽  
Political Rights ◽  
Right To Health Care ◽  
European Court ◽  
The Social ◽  
The Right ◽  
Political Character

The European Convention on Human Rights, as a main Council of Europe instrument for the protection of civil and political rights, does not guarantee the right to health care. However, the European Court of Human Rights broadly interprets Convention rights, and within the context of Articles 2, 3 and 8 of the Convention it gave certain indications that it might start dealing with the issue of health care. Without going into details of all the mentioned articles, this paper will analyse cases where the Court dealt with the issue of violation of Article 3 due to non-provision of health care outside the context of detention. Namely, within the context of detention, there is a clear obligation for states to provide health care, and the Court often relies on the reports of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. What we consider important to point out is the Court’s case-law on providing health care outside the context of detention, given the social character of the right to health care, which goes beyond the civil and political character of the Convention.

Health Care as Citizenship Development: Examining Social Rights and Entitlement

2002 ◽  
Vol 35 (1) ◽  
pp. 103-125 ◽  
Author(s):  
Candace Johnson Redden
Keyword(s):  
Health Care ◽  
Right To Health ◽  
Legal Rights ◽  
The Political ◽  
Social Rights ◽  
Political Debate ◽  
Liberal Democracies ◽  
Right To Health Care ◽  
Citizenship Development ◽  
The Right

The political importance of rights in liberal democracies, and of universally accessible health care in Canada, are trite observations. However, the increasing use of the language of rights to defend existing patterns of health care in Canada is a curious if not alarming phenomenon. What do citizens mean when they say that they have the right to health care? How can health care rights be defined philosophically and politically? This article examines the increasing popularity of rights claiming for health care, and argues that the ''right to health care'' has a non-possessive, normative nature that is at odds with legalistic individualistic rights claiming. This is a significant philosophical finding, one that informs the political debate over health care by revealing that legal rights claims are not sufficient to defend social entitlements. The conceptual project undertaken in this article illuminates directions of reform and suggests that differentiated citizenship provides a better model than legal rights to guide reform efforts.

scholarly journals The Albanian Social Security System and the Institutions of Social Protection in Albania

2015 ◽  
Vol 3 (2) ◽  
pp. 18
Author(s):  
Laureta Mano ◽  
Mirela Selita
Keyword(s):  
Health Care ◽  
Health Services ◽  
Social Security ◽  
Social Services ◽  
Social Insurance ◽  
Social Protection ◽  
Disabled Persons ◽  
Health Care Insurance ◽  
The Social ◽  
The Right

The social security system in Albania consists of social assistance and social services, health services and health care insurance and social insurance schemes. In the social objectives of the constitution are declared that the State within the constitutional competencies and the probable means as well as in the fulfillment of private initiatives and responsibilities, aims to higher possible standards of health, physical and mental; social care and services of elderly, orphan and invalids; medical rehabilitation, special education and integration in the community, of disabled persons. The Constitution foreseen that everyone has the right of social insurance when retired or in case of incapacity of work under a certain system established by a law. Everyone, when is unemployed for any reasons independent on individual will and when there is no living means, has the right of need under the conditions foreseen by law. Social insurance is a scheme protecting by benefits persons in respect of temporary incapacity due to sickness, maternity, old-age, disability and loss of breadwinner, employment accidents/occupational diseases, unemployment. Social Services are benefits in kind for disabled persons or vulnerable persons. Social Assistances are cash benefits given to families in need, that means families with lower incomes comparable with minimum standard of living or families without incomes. Health services consist of public health, primary health care, hospitalization services nurse's service, dental and pharmaceutical net. The Institutions of Social Protection in Albania are Social Insurance Institute, National Social Services and Health Care Insurance Fund.

scholarly journals Securing the right to health care: international legal aspects

2020 ◽  
Vol 10 (19) ◽  
pp. 103-111
Author(s):  
Halyna Muliar ◽  
Keyword(s):  
Health Care ◽  
Health Sector ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Right To Health ◽  
Right To Health Care ◽  
Legal Standards ◽  
The Social ◽  
Constitutional Right ◽  
The Right

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.

Nazistowski mord na Żydach w prasie polskich komunistów (1942–1944).

2006 ◽  
pp. 54-75
Author(s):  
Klaus Peter Friedrich
Keyword(s):  
Shared Responsibility ◽  
The Political ◽  
Right Wing ◽  
Social Democrats ◽  
The Social ◽  
The Government ◽  
Post War ◽  
Polish Government ◽  
The Right ◽  
Political Right

Facing the decisive struggle between Nazism and Soviet communism for dominance in Europe, in 1942/43 Polish communists sojourning in the USSR espoused anti-German concepts of the political right. Their aim was an ethnic Polish ‘national communism’. Meanwhile, the Polish Workers’ Party in the occupied country advocated a maximum intensification of civilian resistance and partisan struggle. In this context, commentaries on the Nazi judeocide were an important element in their endeavors to influence the prevailing mood in the country: The underground communist press often pointed to the fate of the murdered Jews as a warning in order to make it clear to the Polish population where a deficient lack of resistance could lead. However, an agreed, unconditional Polish and Jewish armed resistance did not come about. At the same time, the communist press constantly expanded its demagogic confrontation with Polish “reactionaries” and accused them of shared responsibility for the Nazi murder of the Jews, while the Polish government (in London) was attacked for its failure. This antagonism was intensified in the fierce dispute between the Polish and Soviet governments after the rift which followed revelations about the Katyn massacre. Now the communist propaganda image of the enemy came to the fore in respect to the government and its representatives in occupied Poland. It viewed the government-in-exile as being allied with the “reactionaries,” indifferent to the murder of the Jews, and thus acting ultimately on behalf of Nazi German policy. The communists denounced the real and supposed antisemitism of their adversaries more and more bluntly. In view of their political isolation, they coupled them together, in an undifferentiated manner, extending from the right-wing radical ONR to the social democrats and the other parties represented in the underground parliament loyal to the London based Polish government. Thereby communist propaganda tried to discredit their opponents and to justify the need for a new start in a post-war Poland whose fate should be shaped by the revolutionary left. They were thus paving the way for the ultimate communist takeover

Some Comments on the Highest Attainable Standard of Health

2020 ◽  
Vol 26 (2) ◽  
pp. 134-140
Author(s):  
Gabriela Belova ◽  
Stanislav Pavlov
Keyword(s):  
Health Resources ◽  
Right To Health ◽  
International Standards ◽  
Special Rapporteur ◽  
Health It ◽  
Significant Development ◽  
Cultural Rights ◽  
Optional Protocol ◽  
The Social ◽  
The Right

AbstractThe last decades present a significant development of the economic, social and cultural rights and specifically, the right to health. Until 2000, the right to health has not been interpreted officially. By providing international standards, General Comment No.14 on the right to the Highest Attainable Standard of Health has led to wider agreement that the right to health includes the social determinants of health such as access to various conditions, services, goods or facilities that are crucial for its implementation. The Reports of the Special Rapporteur on the right to health within the UN human rights system have contributed to the process of gaining the greater clarity about the right to health. It is obvious that achieving the highest attainable level of health depends on the principle of progressive implementation and the availability of the necessary health resources. The possibility individual complaints to be considered by the Committee on Economic Social and Cultural Rights was introduced with the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, entered into force in 2013.

scholarly journals An Economic Evaluation of Disallowing Body Checking in 11- to 12-Year-Old Ice Hockey Leagues

2021 ◽  
pp. 194173812110215
Author(s):  
Gillian R. Currie ◽  
Raymond Lee ◽  
Amanda M. Black ◽  
Luz Palacios-Derflingher ◽  
Brent E. Hagel ◽  
...  
Keyword(s):  
Public Health ◽  
Health Care ◽  
Health Care System ◽  
Policy Change ◽  
National Policy ◽  
Ice Hockey ◽  
Public Health Care ◽  
Public Health Care System ◽  
Body Checking ◽  
Care System

Background: After a national policy change in 2013 disallowing body checking in Pee Wee ice hockey games, the rate of injury was reduced by 50% in Alberta. However, the effect on associated health care costs has not been examined previously. Hypothesis: A national policy removing body checking in Pee Wee (ages 11-12 years) ice hockey games will reduce injury rates, as well as costs. Study Design: Cost-effectiveness analysis alongside cohort study. Level of Evidence: Level 3. Methods: A cost-effectiveness analysis was conducted alongside a cohort study comparing rates of game injuries in Pee Wee hockey games in Alberta in a season when body checking was allowed (2011-2012) with a season when it was disallowed after a national policy change (2013-2014). The effectiveness measure was the rate of game injuries per 1000 player-hours. Costs were estimated based on associated health care use from both the publicly funded health care system and privately paid health care cost perspectives. Probabilistic sensitivity analysis was conducted using bootstrapping. Results: Disallowing body checking significantly reduced the rate of game injuries (−2.21; 95% CI [−3.12, −1.31] injuries per 1000 player-hours). We found no statistically significant difference in public health care system (−$83; 95% CI [−$386, $220]) or private health care costs (−$70; 95% CI [−$198, $57]) per 1000 player-hours. The probability that the policy of disallowing body checking was dominant (with both fewer injuries and lower costs) from the perspective of the public health care system and privately paid health care was 78% and 92%, respectively. Conclusion: Given the significant reduction in injuries, combined with lower public health care system and private costs in the large majority of iterations in the probabilistic sensitivity analysis, our findings support the policy change disallowing body checking in ice hockey in 11- and 12-year-old ice hockey leagues.

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