scholarly journals Personal Rights and Public Health: Legal Basis of Balance in a Pandemic

2021 ◽  
pp. 35-47
Author(s):  
Galyna A. MYRONOVA

In a pandemic, it is not easy for many European countries to resolve new legal dilemmas based on values and individual freedoms. Therefore, the author have chosen as the object of this article the legal balance of private rights and public health in a pandemic, and the subject is justification of legal grounds for restricting some rights and freedoms for the implementation of others. The source base of the study is international and national regulations, expert judgments on human rights. The methodological basis of the study is a human-centered, value-oriented approach, which is a part of the concept of private law of the Western tradition. The main research goal of the article is to analyze the legal means chosen by the domestic authorities to influence the balance of private rights and public interests in a pandemic on the basis of comparing the values protected by law. As you know, a significant proportion of countries have applied restrictive measures at various levels, bans and restrictions have been imposed on the exercise of a number of citizens’ rights: freedom of movement, peaceful assembly (including religious), work, education, health care. During the discussion of the problem of limiting the share of human rights, two opposing theoretical doctrines were formed: the first doctrine insists on the observance of human rights under any circumstances, the second doctrine justifies the need to limit human rights by accepting the inconvenience. From the above analysis of international and domestic legal acts, the arguments of experts, an important intermediate conclusion follows that the value of health is a necessary component of a modern understanding of the well-being of both the individual and society as a whole. Thus, a socially significant goal of saving lives, as well as reducing risks to public health is a sufficient basis for legitimate interference in other private rights of citizens. The study confirms the initial hypothesis that human life and health belong to the highest level of social values and take precedence over other personal goods and subjective rights. Although the human rights to education, work, freedom of movement, and peaceful assembly are fundamental and recognized in the European legal tradition as the basis for human development and self-esteem, the content of the public interest in saving lives and protecting them in a pandemic prevails. Therefore, the legislature has the right to formulate special rules of conduct for all subjects of law, including those that restrict to some extent human rights and freedoms.

Author(s):  
V. B. Zamkevich ◽  
M. D. Diachuk ◽  
T. S. Gruzieva

Introduction. The development of the public health system provides for the solution of the basic operational functions of public health, including surveillance and assessment of the state of health and well-being of the population, taking into account risks to public health.Given the importance of alcohol as a risk factor for the development of diseases, the study of its prevalence in the population, consumption patterns and health effects is an important public health problem. The aim of the study. To identify current trends in alcohol consumption and the associated risk factor for health damage in Ukraine and countries of the WHO European Region.Materials and methods. Bibliographic, medical, statistical and information-analytical methods were used in the study. The key  scientific base were the European Health for All Database, the Global Information System on Alcohol and Health (GISAH) and the European Information System on Alcohol and Health (EISAH). Results. Significant differences were found in the prevalence of alcohol consumption by population in different regions of the world per capita per year, up to 16 times, with the highest rates in the WHO ER. Ukraine is characterized by high levels of alcohol consumption (8.6 liters) and negative tendencies for their growth during 1991-2016 by 45.8%. At the same time, in Ukraine the consumption of strong alcoholic drinks predominates, while in the countries of the European Union - wine and beer. The increase in alcohol consumption in Ukraine and the prevalence of strong drinks in the structure of consumed products (51.5%) is an unfavorable prognostic indicator and requires the adoption of preventive measures. The negative consequences of alcohol consumption are the prevalence of alcohol dependence (2.2%), alcohol-related disorders (6%), a significant proportion of deaths (20.5%) due to this risk factor in the overall structure of all deaths, etc. Significant is the contribution of alcohol to the formation of indicators of road traffic injuries, including those with a fatal outcome, crime rates, etc. Conclusions. Surveillance of the prevalence of alcohol use, patterns of consumption and assessment of alcohol-related public health problems is an important basis for determining directions, justification and taking countermeasures.


Author(s):  
Qutaiba Ibrahim Ali ◽  
Mustafa Siham Qassab

Abstract : In the last few decades, Information and Communication Technology (ICT) has been introduced which aims to bring more comfort to human life by integrating smartness into daily objects, yields to the idea of the smart city. Guaranteeing the well-being of residents and assessing industry and urban planning from an ecological and sustainable perspective are the main goals for the smart city. Great potentials are brought to the public and civil areas by the Aerial Ad Hoc Network (AANET) concept, especially in applications that are risky to human lives. AANET, like any emerging technology, comes with many challenges that have to be overcome to be employed efficiently. In this paper, we make a detailed survey on current literature, standards, and projects of self-organizing AANET in smart cities. Also, we intend to present a profound knowledge of this active research area by identifying features, design characteristics, architectures, routing protocols, and security aspects for the design and implementation of self-organizing AANET. Furthermore, we discuss existing solutions, indicate assessment metrics along with current applications, finally we highlight the main research scope for further developments. This article surveys the work done toward AANET-related outstanding issues, intending to encourage further research in this field.


Author(s):  
Meier Benjamin Mason ◽  
Murphy Thérèse ◽  
Gostin Lawrence O

This chapter examines the historical origins of human rights as a basis for public health. Tracing the idea of rights from philosophical notions of natural rights to human rights under international law, the normative foundations underlying rights have long been seen as central to health and well-being—from the political engagement with underlying determinants of health in 1848 to the international codification of the Universal Declaration of Human Rights (UDHR) in 1948. The modern human rights system that frames public health arose in response to the deprivations and atrocities of World War II. Giving rise to the notion of human rights under international law, the postwar creation of the United Nations (UN) provided the structure for a new legal regime under which individuals were seen as having certain rights by virtue of their humanity, ensuring a foundation for the evolution of rights to advance health.


Author(s):  
Marie Thoma ◽  
Carie Cox ◽  
Jasmine Fledderjohann ◽  
Rudolph Kantum Adageba

This is an advance summary of a forthcoming article in the Oxford Research Encyclopedia of Global Public Health. Please check back later for the full article. Infertility remains a neglected area in sexual and reproductive health, yet its consequences are staggering. Infertility is estimated to impact about 15% (estimates range from 48 million to 180 million) of couples of reproductive age worldwide. It is associated with adverse physical and mental health outcomes, financial distress, severe social stigma, increased risk of domestic abuse, and marital instability. While men and women are equally likely to be infertile, women often bear the societal burden of infertility, particularly in societies where a woman’s identity and social value is closely tied to her ability to bear children. Despite these consequences, disparities in access to infertility treatment between low- and high-income populations persist, given the high cost and limited geographic availability of diagnostic services and assisted reproductive technologies. In addition, a significant proportion of infertility arises from preventable factors, such as smoking, sexually transmitted infections, pregnancy-related infection or unsafe abortion, and environmental contaminants. Accordingly, programs that address the equitable prevention and treatment of infertility are not only in keeping with a reproductive rights perspective, but can also improve public health. However, progress on infertility as a global concern in the field of sexual and reproductive health and rights is stymied by challenges in understanding the global epidemiology of infertility, including its causes and determinants, barriers to accessing quality infertility care, and a lack of political will and attention to this issue. Tracking and measurement of infertility is highly complex, resulting in considerable ambiguity about its prevalence and stratification of reproduction globally. A renewed global focus on infertility epidemiology, risk factors, and access to and receipt of quality of care will support individuals in trying to reach their desired number and spacing of children and improve overall health and well-being.


BJPsych Open ◽  
2019 ◽  
Vol 5 (4) ◽  
Author(s):  
Karen A. Cocksedge ◽  
Joshana Guliani ◽  
William Henley ◽  
Tamsyn Anderson ◽  
Sara Roberts ◽  
...  

Background Public health strategies have focused largely on physical health. However, there is increasing recognition that raising mental health awareness and tackling stigma is crucial to reduce disease burden. National campaigns have had some success but tackling issues locally is particularly important. Aims To assess the public's awareness and perception of the monthly BBC Cornwall mental health phone-in programmes that have run for 8.5 years in Cornwall, UK (population 530 000). Method A consultation, review and feedback process involving a multiagency forum of mental and public health professionals, people with lived experience and local National Health Service trust's media team was used to develop a brief questionnaire. This was offered to all attendees at two local pharmacies covering populations of 27 000 over a 2-week period. Results In total, 14% (95% CI 11.9–16.5) were aware of the radio show, 11% (95% CI 9.0–13.1) have listened and the majority (76%) of those who listened did so more than once. The estimated reach is 70 000 people in the local population, of whom approximately 60 000 listen regularly. The show is highly valued among respondents with modal and median scores of 4 out of 5. Conclusions Local radio is a successful, cost-effective and impactful way to reach a significant proportion of the population and likely to raise awareness, reduce stigma and be well received. The format has been adopted in other regions thus demonstrating easy transferability. It could form an essential part of a public health strategy to improve a population's mental well-being. Declaration of interest W.H. received support from the National Institute for Health Research (NIHR) Collaboration for Leadership in Applied Health Research and Care (CLAHRC) for the South West Peninsula UK. The views expressed in this publication are those of the authors and not necessarily those of the NHS, the NIHR or the Department of Health. L.R. and D.S. were involved in delivering the programmes but had no role in their evaluation.


2016 ◽  
Vol 41 (1) ◽  
pp. 119-128 ◽  
Author(s):  
Amy L. Fairchild ◽  
Ronald Bayer

AbstractSurveillance is the radar of public health. Without tracking, often by name, the incidence and prevalence of both infectious and chronic disease, health officials would be unable to understand where and how to potentially intervene or what resources might be required to protect populations. Surveillance without individual informed consent has been challenged in the name of both bioethics and human rights. In this article we contend that a robust conception of public health not only justifies surveillance but, without disregarding the need to respect individuals, provides an affirmative duty to engage in surveillance. There may be social and political circumstances in which the names of those reported cannot be protected from unwarranted disclosure and misuse for ends that have little to do with protecting the public's health. But while the potential for misuse requires an ongoing, searching scrutiny of disease surveillance, remote or hypothetical threats should not serve to undermine this vital public health activity.


Author(s):  
Benjamin Mason Meier ◽  
Thérèse Murphy ◽  
Lawrence O. Gostin

This chapter examines the historical origins of human rights as a basis for public health. Tracing the idea of rights from philosophical notions of natural rights to human rights under international law, the normative foundations underlying rights have long been seen as central to health and well-being—from the political engagement with underlying determinants of health in 1848 to the international codification of the Universal Declaration of Human Rights (UDHR) in 1948. The modern human rights system that frames public health arose in response to the deprivations and atrocities of World War II. Giving rise to the notion of human rights under international law, the postwar creation of the United Nations (UN) provided the structure for a new legal regime under which individuals were seen as having certain rights by virtue of their humanity, ensuring a foundation for the evolution of rights to advance health.


1987 ◽  
Vol 28 (2) ◽  
pp. 296-322 ◽  
Author(s):  
Jeremy Waldron

There is talk today of a ‘new generation’ of human rights. An idea which was associated in the first instance with civil and political liberties (‘first generation’ rights), and which was used after the Second World War to express popular aspirations to economic and social well-being (‘second generation’ rights), is now being invoked as a vehicle for claims about the importance of the environment, peace, and economic development, particularly in the Third World. No one doubts that these are worthy aims. But instead of merely saying that Third World countries need to develop their economies, instead of saying simply that peace is essential in a nuclear world, and that we must maintain and respect the eco-systems on which human life depends, the proclamation is being made that these are human rights —things to which people are entitled in the same way that they are entitled to democratic freedom or the right not to be tortured.


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