Challenges to the Fundamental Rights and Freedoms Including Patient Rights During the COVID-19 Pandemic in Turkey

2022 ◽  
pp. 124-147
Author(s):  
Maral Törenli Çakıroğlu
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
Patient Rights ◽  
Fundamental Rights ◽  
World Health ◽  
The World ◽  
Experience Effects ◽  
Health Organization ◽  
Fundamental Rights And Freedoms ◽  
The Right

The COVID-19 virus, which first appeared in Wuhan, China in December 2019 and spread quickly to the whole world in a few months, was defined as a pandemic by the World Health Organization on 12 March 2020. This process has inevitably brought along problems in many areas, including health, education, social, economics, law, psychology, politics, and international relations. The pandemic era is a period when we appreciate more than ever how valuable our fundamental rights and freedoms are. Of these rights, the right to health and patient rights are significantly adversely impacted. This chapter will evaluate human rights, especially patient rights, mostly affected during this pandemic period in Turkey. This chapter further presents that other states are also continuing to experience effects of the pandemic. Both Turkey and other states must be prepared for the patients to properly benefit from the healthcare system in future outbreaks and pandemics. Otherwise, human and patient rights will continue to suffer.

Human Rights Responsibilities of Pharmaceutical Companies in Relation to Access to Medicines

2012 ◽  
Vol 40 (2) ◽  
pp. 220-233 ◽  
Author(s):  
Joo-Young Lee ◽  
Paul Hunt
Keyword(s):  
Human Rights ◽  
Access To Medicines ◽  
Right To Health ◽  
Fundamental Rights ◽  
Essential Medicines ◽  
World Health ◽  
The World ◽  
Access To Essential Medicines ◽  
Health Organization ◽  
The Right

The Constitution of the World Health Organization (WHO) affirms that “the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being.” The Universal Declaration of Human Rights lays the foundations for the international framework for the right to health. This human right is now codified in numerous national constitutions, as well as legally binding international human rights treaties, such as the International Covenant on Economic, Social and Cultural Rights.Although medical care and access to medicines are vital features of the right to health, almost two billion people lack access to essential medicines, leading to immense avoidable suffering. Improving access to essential medicines could save 10 million lives each year, four million of them in Africa and South-East Asia alone. Gross inequity is a shocking feature of the world pharmaceutical situation.

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).

Happiness as an Expression of Health

2022 ◽  
pp. 311-332
Author(s):  
Rodolfo Andrade de Carvalho ◽  
Jorge Lima de Magalhães
Keyword(s):  
Global Health ◽  
21St Century ◽  
Well Being ◽  
Right To Health ◽  
World Health ◽  
The World ◽  
Health Organization ◽  
The Individual ◽  
The Right ◽  
Legal Interventions

Health gained a global prominence and became a right declared by the World Health Organization in 1948. In the 21st century, it is understood as a complete well-being of the individual, far beyond the absence of disease. In this context, the right to happiness translates as an expression of the aspirations for the realization of the right to health. Thus, this chapter aims to understand, in the light of the Freudian perspective, the aspects of soul life that lead the individual to the exhausting task of seeking happiness and seeks to reflect the possible contributions that legal science can offer to the improvement of individual well-being as a right health in the context of global health. Freud's theories about the formation of the psychic apparatus, his conception of malaise caused by culture and legal interventions that can possibly contribute to the reduction of individual unhappiness are presented.

Universal Access to Effective Antibiotics is Essential for Tackling Antibiotic Resistance

2015 ◽  
Vol 43 (S3) ◽  
pp. 17-21 ◽  
Author(s):  
Nils Daulaire ◽  
Abhay Bang ◽  
Göran Tomson ◽  
Joan N. Kalyango ◽  
Otto Cars
Keyword(s):  
Universal Access ◽  
International Agreements ◽  
Right To Health ◽  
World Health ◽  
Health It ◽  
Middle Income ◽  
Middle Income Countries ◽  
The World ◽  
Health Organization ◽  
The Right

The right to health is enshrined in the constitution of the World Health Organization and numerous other international agreements. Yet today, an estimated 5.7 million people die each year (Table 1) from treatable infectious diseases, most of which are susceptible to existing antimicrobials if they were accessible. These deaths occur predominantly among populations living in poverty in low- and middle-income countries, and they greatly exceed the estimated 700,000 annual deaths worldwide currently attributed to antimicrobial resistance (AMR). Ensuring universal appropriate access to antimicrobials is not only a critical part of realizing the right to health, it is necessary for mobilizing effective collective action against the development and spread of AMR.

scholarly journals Political, Historical and Social Features of the Human Right to Health

2019 ◽  
Vol 7 (12) ◽  
pp. 554-561
Author(s):  
Luis Henrique Almeida Castro ◽  
Cristiane Martins Viegas de Oliveira ◽  
Diego Bezerra de Souza ◽  
Geanlucas Mendes Monteiro ◽  
Gildiney Penaves de Alencar ◽  
...  
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
World Health ◽  
Human Right ◽  
Role Of The State ◽  
Access To Health ◽  
Health Organization ◽  
The Right ◽  
Globalized World ◽  
Right Of Access

The consecration of the right to physical and mental integrity at the time of the establishment of the World Health Organization (WHO) in 1946 and the United Nations Universal Declaration of Human Rights (UN) in 1948 established the human right of access to health. Conversely, the practical guarantee of this right has gone through many nuances since then, so that today the process of its implementation is closely related to the political, historical and social aspects of each country, demanding from the administrative power an interdisciplinary look for this issue. The problem that involves this conjuncture drives the researchers of this field to question themselves: what is the role of the State in this right? What is the performance of health professionals in fact? Is it possible to achieve the universality of human rights in an economically and culturally globalized world? In the light of the above, this narrative review aimed to collect in the literature the scenarios that permeate this reality providing tacit examples of how the human right to health is shaped according to the conjunctures of insertion of each community that tries to implement it

Right diagnosis, right treatment: SAFER PRACTICES

2019 ◽  
Vol 1 (7) ◽  
pp. 356-360 ◽  
Author(s):  
Paul Silverston
Keyword(s):  
Clinical Practice ◽  
Health Professionals ◽  
Diagnostic Errors ◽  
Integrated Approach ◽  
Diagnostic Error ◽  
World Health ◽  
Formal Training ◽  
The World ◽  
Health Organization ◽  
The Right

Choosing the right treatment for the patient requires that the right diagnosis is made first. In primary and ambulatory care, however, diagnostic errors are both common and commonly preventable. The World Health Organization has recommended that all health professionals should receive formal training in the principles of diagnostic reasoning and the causes of diagnostic error, and that strategies and interventions to reduce the risk of diagnostic error should be used in clinical practice. This article describes a mnemonic checklist, SAFER PRACTICES, which can be used in an integrated approach to the prevention and detection of diagnostic errors that starts in the classroom and continues through to the consulting room.

Privileges and Immunities of the World Health Organization

2014 ◽  
Vol 10 (2) ◽  
pp. 349-372
Author(s):  
Gian Luca Burci ◽  
Egle Granziera
Keyword(s):  
Human Rights ◽  
International Organizations ◽  
Legal Protection ◽  
Added Value ◽  
World Health ◽  
National Courts ◽  
The World ◽  
Democratic Control ◽  
Protection Of Human Rights ◽  
Health Organization

This paper presents a brief overview of the World Health Organization’s experience with privileges and immunities, focusing on the sources of its privileges and immunities and the challenges encountered in asserting them and securing their respect. This overview will demonstrate how complex and sometimes elusive the legal protection afforded to the WHO can be. Although the rationale for the WHO’s privileges and immunities is constitutionally founded on the notion of functional necessity,1 the scope and limits of its functions can be blurred or shifting. While the WHO has not faced the dramatic challenges to or denials of its privileges and immunities that other organizations have encountered, the trend of progressive erosion of legal protection in the name of accountability, democratic control by national courts, the protection of human rights and shifting perceptions of the ‘added value’ of international organizations may eventually require a conscious and strategic revision by the international community of the model of international cooperation represented by international organizations.

scholarly journals Democracy Backsliding as a Danger of Sustainable Development in the Post-Pandemic Period: Social and Legal aspects of Decision

2021 ◽  
Vol 126 ◽  
pp. 06007
Author(s):  
Oleg Tkach ◽  
Оleh Batrymenko ◽  
Dmytro Nelipa ◽  
Mykola Khylko
Keyword(s):  
Human Life ◽  
Legal Aspects ◽  
World Health ◽  
Global Pandemic ◽  
The World ◽  
The Government ◽  
Democratic Principles ◽  
Health Organization ◽  
The Individual ◽  
The Right

The article considers topical issues of the threat of collapse of democracy. Examples of the democracy collapse have shown the lack of free and fair elections in the world, which threatens the independence of the judiciary, restrictions on the right to freedom of speech, which limits the ability of the political opposition to challenge the government, to prosecute, to offer alternatives to the regime. The collapse of democracy in connection with the spread of COVID-19 is being considered, as the democratic spectrum has repeatedly resorted to excessive control, discriminatory restrictions on freedoms such as movement and assembly, and arbitrary or coercive coercion. Attention is drawn to the fact that the outbreak of coronavirus COVID-19 has led to the introduction in all countries of restrictions on the rights and freedoms of the individual in order to prevent the spread of this infectious disease, declared a global pandemic by the World Health Organization. Thus, the unusual nature of the COVID - 19 coronavirus pandemic poses numerous dilemmas to the public, governments, parliaments, the judiciary, law enforcement and many other actors when it comes to the need for effective protection of health and, ultimately, human life, as well as adherence to and ensuring the fundamental democratic principles of man and society.

scholarly journals A Política Internacional da Saúde: a UNITAID e o acesso a medicamentos | The International Politics of Health: UNITAID and access to medicines

2017 ◽  
Vol 7 (1) ◽  
pp. 03-10
Author(s):  
Celso Luiz Nunes Amorim
Keyword(s):  
Patent Protection ◽  
Political Process ◽  
Access To Medicines ◽  
Right To Health ◽  
World Health ◽  
Human Right ◽  
The Sustainable Development ◽  
Health Organization ◽  
The Right ◽  
Hiv Aids

O direito à saúde é um direito fundamental. Várias iniciativas no âmbito da Assembleia Geral da ONU e no Conselho de Direitos Humanos reforçam esse pensamento. Neste particular, a criação da UNITAID, em 2006, foi uma forma de facilitar o acesso a medicamentos a populações mais pobres utilizando fontes inovadoras de financiamento. A instituição, hospedada pela Organização Mundial da Saúde (OMS), busca melhores formas de prevenir, tratar e diagnosticar o HIV/AIDS, a tuberculose e a malária de forma mais rápida, eficaz e acessível, buscando conciliar a discussão de patentes com o direito inalienável à saúde. O artigo analisa o processo político e as negociações que levaram à Declaração de Doha sobre TRIPS e Saúde Pública, cuja importância é destacada, entre outros, pelos Objetivos de Desenvolvimento Sustentável aprovado por todos os Chefes de Estado das Nações Unidas.ABSTRACTThe right to health is a fundamental, inalienable human right. A number of initiatives within the UN General Assembly and the Human Rights Council reinforce this concept. Established in 2006 and hosted by the World Health Organization (WHO), UNITAID is engaged in finding new ways to prevent, treat and diagnose HIV/AIDS, tuberculosis and malaria more quickly, more cheaply and more effectively. It plays an important role in the global effort to defeat these lethal diseases, by facilitating and speeding up the availability of improved health tools and trying to reconcile patent protection with the right to health.  The article analyzes the political process and the negotiations which led up to the Doha Declaration on TRIPS and Public Health, whose importance – among others – is highlighted on the Sustainable Development Objectives approved by all United Nations Heads of State.Palavras-chave: UNITAID, acesso a medicamentos, saúde global, TRIPS, Doha.Keywords: UNITAID, access to medicines, global health, TRIPS, Doha.DOI: 10.12957/rmi.2016.27034Recebido em 28 de dezembro de 2016 | Received on December 28, 2016.

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