scholarly journals FOOD SECURITY AS A GUARANTEE OF THE REALIZATION OF THE RIGHT TO HUMAN HEALTH

2021 ◽  
Vol 74 (11) ◽  
pp. 3072-3076
Author(s):  
Olena M. Batyhina ◽  
Bogdan V. Derevyanko ◽  
Tetiana V. Khailova
Keyword(s):  
Food Security ◽  
Human Health ◽  
Scientific Work ◽  
Legal Framework ◽  
Right To Health ◽  
Point Of View ◽  
Human Right ◽  
Fundamental Factor ◽  
The Individual ◽  
The Right

The aim: To investigate the theoretical and legal framework governing the relevant areas of food security, ensuring healthy, adequate and safe nutrition. To consider human rights to food security as a basis for health care, a basis for the realization of the right to health and life. Materials and methods: The study analyzes and uses the normative legal acts of national legislation, international acts, data from international organizations and the results of scientific work of scientists. With the help of scientific methods, medical and legal point of view, the problems of ensuring food security are identified as a guarantee of the realization of the right to human health. Сonclusions: Food security and nutrition are central to the individual and fundamental factor to the whole of society in respect of human right to health. An adequate level of food security must be ensured by individual governments and the international community through the development, approval or implementation of an appropriate regulatory framework, as well as through the establishment of a political and institutional framework.

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 Legal Exploration of Right to Health

2021 ◽  
Vol 29 (S2) ◽  
Author(s):  
Tengku Noor Azira Tengku Zainudin ◽  
Mohd Zamre Mohd Zahir ◽  
Ahmad Azam Mohd Shariff ◽  
Ramalinggam Rajamanickam ◽  
Ong Tze Chin ◽  
...  
Keyword(s):  
Legal Status ◽  
World Health Organisation ◽  
Legal Framework ◽  
Right To Health ◽  
World Health ◽  
Health It ◽  
Physical And Mental Health ◽  
Human Right ◽  
The Right ◽  
Legal Mechanism

The right to health is recognised as a fundamental human right in the World Health Organisation (WHO) Constitution. In Malaysia, the enjoyment of the highest attainable standard of physical and mental health is a fundamental human right without discrimination for every human being. Consequently, the principle of the “right to health,” regardless of the legal status of an individual, is the driving force in creating acceptable standards of health care for all citizens. Even for individual who suffers from Covid-19, he still has a fundamental right to health. The issue of the right to health is whether the patients have any rights of their health? If they do have the right to health, the next issue is whether the hospitals are legally bound to follow such right, i.e. the right to health of the patients. Therefore, this paper aims to analyse and discuss the issues regarding the rights to health of the patients. Without the legal mechanism in recognising the right to health, it pointed out that is no such right. The method employed in this paper is qualitative based. The paper finds that although Malaysia does not have any specific legal framework about the right to health, the application of international legal mechanism can be referred to a guideline. Thus, it is important to have a specific legal framework by applying international legal mechanism in order to address this issue.

scholarly journals Acción social colectiva por el derecho a la salud, Bogotá, 1994-2010

2011 ◽  
pp. 232-269
Author(s):  
Mauricio Torres Tovar
Keyword(s):  
Health System ◽  
Social Action ◽  
Collective Identity ◽  
Right To Health ◽  
Political Struggle ◽  
Human Right ◽  
Social Actions ◽  
Negative Impacts ◽  
The Individual ◽  
The Right

A finales del año 1993 Colombia estableció a través de la Ley 100 una política de Estado en salud que tiene como base el aseguramiento individual a un mercado de servicios de atención a la enfermedad. El desarrollo de este sistema de salud ha generado impactos negativos sobre la garantía del derecho a la salud de la población, razón por lo cual se fue estableciendo un campo de contienda política por el control de la salud en el país. L articulo describe y analiza las acciones sociales colectivas por el derecho a la salud realizadas después de la expedición de la Ley 100 y hasta el 2010, teniendo como estudio de caso la ciudad de Bogotá. Se hace una caracterización de lo que fueron estas acciones sociales colectivas tanto contenciosas como no contenciosas, permitiendo evidenciar que, producto de la realización de estas acciones colectivas se pudo avanzar en la construcción de una identidad colectiva alrededor de la comprensión de la salud como derecho humano y se configuro un movimiento social capaz de ganar la contienda política y establecer las decisiones necesarias para transformación el campo de la salud a favor de los sectores sociales que demandan la garantía del derecho a la salud. Collective Social Action for the Right to Health, Bogotá, 1994-2010 Through the law 100 Colombia established at the end of 1993 a health policy that is based on the individual access of services market of the care disease. The development of this health system has resulted in negative impacts on the guaranteed right to health for the population, and it was establishing a field of political struggle for control of health in the country. The article describes and analyzes the collective social actions for the right to health made after the expedition of law 100 until 2010, taking Bogota as a case study. A characterization of these collective social actions, both contentious and non-contentious, shows how it has advanced in the construction of a collective identity around the understanding of health as a human right. The article also pinpoints how social movement for the right to health was configured, but without producing a political subject capabla of winning in the political contest, and establishing the necessary decisions for transforming the health field for the social sectors that demand the guarantee of the right to health. Keywords: Colombia, Right to Health, Collective Action, Political Struggle, Health System. 

scholarly journals Il diritto alla salute e l’autodeterminazione del paziente tra guarigione effettiva e pericoloso sviluppo della tecnologia

2015 ◽  
Vol 64 (3) ◽  
Author(s):  
Nicola Posteraro
Keyword(s):  
Right To Health ◽  
Human Right ◽  
The Public ◽  
The Past ◽  
Medicine Today ◽  
The Individual ◽  
The Right ◽  
Article 5 ◽  
The Relationship ◽  
Italian Constitution

In questo lavoro, si propone uno studio del diritto alla salute quale diritto fondamentale della persona. Anzitutto, si analizza l’evoluzione interpretativa subita dall’articolo 32 della Costituzione italiana e si cerca di capire, da un lato, come tale diritto fosse considerato prima d’oggi; dall’altro, come sia considerato attualmente, invece, anche alla luce delle decisioni della giurisprudenza. Lo scopo è quello di rilevare le connessioni esistenti tra il diritto alla salute, il principio della libertà personale e i limiti apparentemente imposti dall’ordinamento italiano. Si analizzano, perciò, i rapporti esistenti tra esso e l’interesse della collettività, oltre che tra esso e l’articolo 5 del codice civile (il quale ultimo sembrerebbe condizionarlo quando vieta, all’individuo, la piena disposizione del proprio corpo). Si considerano, poi, i problemi creati dalla esasperata indipendenza del singolo, il quale si rivolge alla medicina, oggi, spesso, solo con lo scopo di realizzare i propri desideri. Quali i riflessi sul piano etico e giuridico? Questa situazione è pericolosa? Se sì, in quali casi? Quali le conseguenze sul corpo del paziente? C’è crisi dell’identità? ---------- This paper proposes a study of the right to health as a fundamental human right. Firstly, it analyzes the evolution of interpretation of health of the Article 32 of the Italian Constitution and it tries to comprehend how this right was considered in the past and how it is regarded in the present in light of jurisdictional decisions. Secondly, it aims to detect the links between the principle of personal freedom and the limits apparently imposed by the Italian system. We analyze, therefore, the relationship between the right to health and the public interest, as well as the relationship between this right and Article 5 of the Civil Code (which would seem to limit the individual when prohibiting the full exercise of its body). It considers, then, the problems created by an exasperated independence of the individual, which is often targeted by medicine today, only in order to achieve their desires. What are the reflections on the ethical and juridical plans? Is this situation dangerous? If yes, in what cases? What are the consequences on the patient’s body? Is there a crisis of identity?

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.

scholarly journals Covid-19 Vaccination as Part of The Basic Right to Health, Should it be Mandatory During The Covid-19 Pandemic

SASI ◽  
2021 ◽  
Vol 27 (4) ◽  
pp. 423
Author(s):  
Lefri Mikhael
Keyword(s):  
Public Health ◽  
Human Health ◽  
Right To Health ◽  
Vaccination Policy ◽  
Literature Study ◽  
Conceptual Approach ◽  
Human Right ◽  
The World ◽  
The Government ◽  
The Right

The 2019 Coronavirus disease virus that shocked the world at the beginning of 2020 as a pandemic had consequences for several sectors of life, especially human health. Health as a fundamental human right that is owned by every human being needs to be considered during the Pandemic. Various efforts have been made by the Government to deal with this situation, one of them is the Covid-19 vaccination. Then, the question is whether the vaccination is optional or mandatory. The research carried out is a normative juridical research with a conceptual approach and a statutory approach related to the Covid-19 vaccination policy and the collection of legal materials obtained through a literature study. In summary, this article explains that the Covid-19 vaccination is part of the fulfillment of the right to health during the Pandemic and it can be said as an obligation for those who are prioritized as vaccine recipients, with the main reason of achieving public health.

Are we Ready for a “Microbiome-Guided Behaviour” Approach?

2019 ◽  
Vol 28 (04) ◽  
pp. 708-724
Author(s):  
ANDREA LAVAZZA ◽  
VITTORIO A. SIRONI
Keyword(s):  
Fecal Microbiota Transplantation ◽  
Negative Attitude ◽  
Well Being ◽  
Fecal Microbiota ◽  
Point Of View ◽  
Brain Functioning ◽  
The Central Nervous System ◽  
The Individual ◽  
The Right ◽  
The Mind

Abstract:The microbiome is proving to be increasingly important for human brain functioning. A series of recent studies have shown that the microbiome influences the central nervous system in various ways, and consequently acts on the psychological well-being of the individual by mediating, among others, the reactions of stress and anxiety. From a specifically neuroethical point of view, according to some scholars, the particular composition of the microbiome—qua microbial community—can have consequences on the traditional idea of human individuality. Another neuroethical aspect concerns the reception of this new knowledge in relation to clinical applications. In fact, attention to the balance of the microbiome—which includes eating behavior, the use of psychobiotics and, in the treatment of certain diseases, the use of fecal microbiota transplantation—may be limited or even prevented by a biased negative attitude. This attitude derives from a prejudice related to everything that has to do with the organic processing of food and, in general, with the human stomach and intestine: the latter have traditionally been regarded as low, dirty, contaminated and opposed to what belongs to the mind and the brain. This biased attitude can lead one to fail to adequately consider the new anthropological conceptions related to the microbiome, resulting in a state of health, both physical and psychological, inferior to what one might have by paying the right attention to the knowledge available today. Shifting from the ubiquitous high-low metaphor (which is synonymous with superior-inferior) to an inside-outside metaphor can thus be a neuroethical strategy to achieve a new and unbiased reception of the discoveries related to the microbiome.

scholarly journals Disputes Resolution

Sæculum ◽  
2019 ◽  
Vol 47 (1) ◽  
pp. 73-83
Author(s):  
Ionel Nariţa
Keyword(s):  
The State ◽  
Point Of View ◽  
Reference Mark ◽  
Objective Reference ◽  
The Individual ◽  
The Right

AbstractBy „dispute” we mean an argumentative dialog where each of the two parts state opposite theses. Two sentences can be contrary if they have similar reference, but incompatible predicates (SIP – sentences with incompatible predicates). Usually, the disputes are solved using force in different ways, but that does not mean that the winner is right and his thesis is true. Therefore, we cannot evaluate a thesis on the ground of its success, but we need a reference mark for that. According to the Sophist school, the individual is the only reference mark, so any SIP is equally justified. The absolutist point of view claims that there is an objective reference mark and, consequently, the truth is, at its turn, objective and unique. Finally, the relativist orientation rejects any objective reference mark, but the right thesis is not arbitrary, as the sophists thought, it is true relatively to the state of the evaluator to a given moment. It follows that, for any evaluator, at a moment of time, only one SIP is true.

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.

The Human Right to Health and the Virtue of Creative Resolve

2020 ◽  
pp. 36-58
Author(s):  
Nicole Hassoun
Keyword(s):  
Distributive Justice ◽  
Right To Health ◽  
Human Right ◽  
Scarce Resources ◽  
Creative Solutions ◽  
The Right

Some maintain that people lack a human right to health because this right cannot provide guidance for distributing scarce resources. Even if the skeptics are right on this point, the second chapter suggests that is not a reason to reject the right; the role of the human right to health is to provide a kind of hope that can foster the virtue of creative resolve. This resolve is a fundamental commitment to finding creative solutions to what appear to be tragic dilemmas. Rather than helping one decide how to ration scarce resources, the human right to health provides reason to find ways to fulfill everyone’s claims. The hope this right provides gives us a response to apparent tragedy in motivating us to search for ways of avoiding it—rather than an account of distributive justice.

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