scholarly journals Constitutional Cohesion and the Right to Public Health

2019 ◽  
pp. 173
Author(s):  
James Hodge ◽  
Daniel Aaron ◽  
Haley Augur ◽  
Ashley Cheff ◽  
Joseph Daval ◽  
...  
Keyword(s):  
Public Health ◽  
Health Outcomes ◽  
Health Needs ◽  
Morbidity And Mortality ◽  
Health Law ◽  
Public Health Law ◽  
Legal Reforms ◽  
General Obligation ◽  
Constitutional Right ◽  
The Right

Despite years of significant legal improvements stemming from a renaissance in public health law, Americans still face major challenges and barriers in assuring their communal health. Reversals of legal reforms coupled with maligned policies and chronic underfunding contribute to diminished public health outcomes. Underlying preventable morbidity and mortality nationally are realities of our existing constitutional infrastructure. In essence, there is no general obligation of government to protect or promote the public’s health. Under principles of “constitutional cohesion,” structural facets and rights-based principles interwoven within the Constitution protect individuals and groups from governmental vices (i.e., oppression, overreaching, tyranny, and malfeasance). Structural impediments and rights infringements provide viable options to challenge governmental efforts inapposite to protecting the public’s health. Through corollary applications framed as auxiliary, creative, and ghost righting, courts are also empowered to recognize core duties or rights that the Constitution may not explicitly denote but assuredly contains, to remedy identifiable vices. Notably, ghost righting charts a course for recognizing a constitutional right to public health that Americans are owed, and government must respect, to assure basic public health needs.

scholarly journals Building the Legal Capacity of the Public Health Workforce: Introducing the Public Health Law Academy

2019 ◽  
Vol 47 (S2) ◽  
pp. 80-82 ◽  
Author(s):  
Montrece McNeill Ransom ◽  
Rebecca Johnson ◽  
Marice Ashe ◽  
Matthew Penn ◽  
F. Abigail Ferrell ◽  
...  
Keyword(s):  
Public Health ◽  
Health Outcomes ◽  
Health Workforce ◽  
Public Health Practice ◽  
Public Health Workforce ◽  
Legal Capacity ◽  
Health Law ◽  
Health Practice ◽  
Public Health Law ◽  
The Public

Knowledge of the law and its impact on health outcomes is increasingly important in public health practice. The CDC's Public Health Law Academy helps satisfy this need by providing online trainings, facilitator toolkits, and legal epidemiology tools to aid practitioners in learning about the law's role in promoting public health.

Mapping the Scope and Opportunities for Public Health Law in Liberal Democracies

2007 ◽  
Vol 35 (4) ◽  
pp. 571-587 ◽  
Author(s):  
Roger S. Magnusson
Keyword(s):  
Public Health ◽  
Health Outcomes ◽  
Health Improvement ◽  
Health Law ◽  
Public Health Law ◽  
Liberal Democracies ◽  
Policy Tool ◽  
Improve Health

The two questions, “What is public health law?” and “How can law improve the public’s health?”, are perennial ones for public health law scholars. They are ideological questions because perceptions about the proper boundaries of law’s role will shape perceptions of what law can do, in an operational sense, to improve health outcomes. They are also theoretical questions, in the sense that, without closing down debate about the limits of public health law, these questions can be addressed by mapping the range of perspectives on how law might “go to work” for the public’s health. Finally, these are immensely practical questions. On our ability to understand the roles that law can play in public health improvement rests our capacity, as a society, to use law strategically as a policy tool.

Major Trends in Public Health Law and Practice: A Network National Report

2013 ◽  
Vol 41 (3) ◽  
pp. 737-745 ◽  
Author(s):  
James G. Hodge ◽  
Leila Barraza ◽  
Jennifer Bernstein ◽  
Courtney Chu ◽  
Veda Collmer ◽  
...  
Keyword(s):  
Public Health ◽  
Health Outcomes ◽  
Health Law ◽  
Public Health Law ◽  
Public And Private ◽  
The Public ◽  
Competing Interests ◽  
Public Health Officials ◽  
Practice Skills ◽  
Improve Health

Public health law research reveals significant complexities underlying the use of law as an effective tool to improve health outcomes across populations. The challenges of applying public health law in practice are no easier. Attorneys, public health officials, and diverse partners in the public and private sectors collaborate on the front lines to forge pathways to advance population health through law. Meeting this objective amidst competing interests requires strong practice skills to shift through sensitive and sometimes urgent calls for action to address known threats to the health of individuals and the community. It also necessitates objective, timely information and national and regional legal support.

The Natural Environment as an Object of Public Health Law: Addressing Health Outcomes of Climate Change through Intersections with Environmental and Agricultural Law

2020 ◽  
Vol 48 (4) ◽  
pp. 664-680
Author(s):  
Jill Krueger ◽  
Betsy Lawton
Keyword(s):  
Public Health ◽  
Climate Change ◽  
Health Outcomes ◽  
Natural Environment ◽  
Health Impacts ◽  
Health Law ◽  
Public Health Law ◽  
Health Concerns ◽  
Impacts Of Climate Change

The power to change the natural environment has received relatively little attention in public health law, yet is a core concern within environmental and agricultural law. Examples from environmental and agricultural law may inform efforts to change the natural environment in order to reduce the health impacts of climate change. Public health lawyers who attend to the natural environment may succeed in elevating health concerns within the environmental and agricultural law spheres, while gaining new tools for their public health law toolbox.

Teaching Population Health Outcomes Research, Advocacy, and the Population Health Perspective in Public Health Law

2016 ◽  
Vol 44 (S1) ◽  
pp. 41-44
Author(s):  
Robert Gatter
Keyword(s):  
Public Health ◽  
Health Outcomes ◽  
Population Health ◽  
Outcomes Research ◽  
Law Reform ◽  
Health Law ◽  
Public Health Law ◽  
Health Outcomes Research ◽  
Legal Advocacy

The goal of this project was to expand an existing public health law curriculum to incorporate lessons on population health outcomes research, extra-legal advocacy, and the population health perspective. The project also created opportunities for students not only to read about and discuss concepts, but also to employ the lessons more practically through exercises and by writing white papers on public health law reform topics relevant to population health in Missouri. To do this, the project expanded an existing didactic course and created a new credit-bearing, experiential “Lab.”

scholarly journals 30.I. Round table: Human rights and the right to health – implications for day to day public health practice

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
◽  
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Right To Health ◽  
Health Law ◽  
Strategic Partnerships ◽  
Improve Population Health ◽  
Public Health Law ◽  
The Right ◽  
Health Laws ◽  
And Training

Abstract Public health laws have significant impact to improve public's health and essential to achieving the sustainable development goals. Human Rights legislation and advancing the Right to Health approaches are seen as key to tackling social determinants of health and widening health inequalities. Health law is not just the work of lawyers, legislators and enforcers. There is growing expectations and need for public health practitioners and leaders to understand local and international legal systems and obligations and their critical role in improving and protecting the public's health, and to work in strategic partnership to improve population health through law and policy. Yet such issues are often neglected in educational and training programmes in public health and their practical implications poorly understood and appreciated by practitioners. The purpose of this workshop is to highlight the nature and key role of law in improving public's health in practice, and to share the work by NHS Scotland and Wales in considering human rights and right to health approaches in their day to day to day activities and projects in public health. It will highlight practical issues and ideas in advancing the political goal of public health law reform and getting the right to health approaches into day to day practice and activities. This will include options to include educational and training activities for the public health workforce, including its practical inclusion in public health curriculum. It will share case study of the innovative and powerful “Wellbeing of Future Generations Act” in Wales and its implications for public's health and practice. The panel for the workshop will be senior expert experienced public health legal scholars, practitioners and policy makers who will briefly share their expert perspectives on the issue and the projects. One of the elements of the roundtable workshop will be to reflect and consult with the participants around their experience and insights in considering public law and right to health approaches in their practice and the needs, opportunities and barriers to engage more systematically in strategic partnerships and activities around better understanding and use of public health law to protect and improve public's health and the training and educational needs to advance the agenda. Key messages Strengthening public health laws and advancing right to health approaches are vital to improving public’s health and tackling health inequalities. There is need to build capacity and competency of public health leaders and practitioners around public health law and strategic partnerships to improve population health.

Guidelines for Reviewing National Public Health Law

Medicne pravo ◽  
2017 ◽  
Vol 2017 (2) ◽  
pp. 11-22
Author(s):  
Andre den Exter ◽  
◽  
Alexey Goryainov ◽  
Keyword(s):  
Public Health ◽  
Health Law ◽  
Public Health Law ◽  
National Public Health

Synergising International Public Health Law and International Disaster Law

2020 ◽  
pp. 1-11
Author(s):  
Pratik DIXIT
Keyword(s):  
Public Health ◽  
International Health ◽  
Health Law ◽  
Global Public Health ◽  
Public Health Law ◽  
Health Crisis ◽  
Response Strategies ◽  
Public Health Crisis ◽  
International Public Health ◽  
Health Regulations

There is no time more opportune to review the workings of the International Health Regulations (IHR) than the present COVID-19 crisis. This article analyses the theoretical and practical aspects of international public health law (IPHL), particularly the IHR, to argue that it is woefully unprepared to protect human rights in times of a global public health crisis. To rectify this, the article argues that the IHR should design effective risk reduction and response strategies by incorporating concepts from international disaster law (IDL). Along similar lines, this article suggests that IDL also has a lot to learn from IPHL in terms of greater internationalisation and institutionalisation. Institutionalisation of IDL on par with IPHL will provide it with greater legitimacy, transparency and accountability. This article argues that greater cross-pollination of ideas between IDL and IPHL is necessary in order to make these disciplines more relevant for the future.

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