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 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 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 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?

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.

The Human Right to Health and Access to Essential Medicines

2020 ◽  
pp. 13-35
Author(s):  
Nicole Hassoun
Keyword(s):  
Good Life ◽  
Right To Health ◽  
Essential Medicines ◽  
Human Right ◽  
Basic Equality ◽  
Access To Essential Medicines ◽  
The Right ◽  
Complete Account

Living with untreated AIDS is devastating. Patients often suffer from terrible lesions, pneumonia, and nausea; become emaciated; have seizures; and eventually die. The first chapter argues that there should be an enforceable legal human right to health that includes a right to access essential medicines to treat diseases like AIDS. The chapter does not provide a complete account of the right’s basis; the right may also have to protect our basic equality and dignity, for instance. Nevertheless, it argues that health is necessary for, and partly constitutive of, a minimally good life. Lack of access to essential medicines characteristically undermines individuals’ ability to live such lives. So people should have a human right to health that grounds rights to access essential medicines.

The Right to Health

2018 ◽  
pp. 231-264
Author(s):  
Sandra Fredman
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Final Section ◽  
Right To Health ◽  
Individual Rights ◽  
Personal Integrity ◽  
Human Right ◽  
The Right ◽  
The Way

Is health a human right? Many would maintain that it is not. On this view health and ill-health are due to natural causes, not to State actions. Others are concerned that health raises too many polycentric problems to be dealt with through justiciable human rights. These contestations have shaped the way in which the right to health is understood. Section II sketches out the health context. Section III considers jurisdictions in which there is no express right to health, but a right has been derived from rights to life, personal integrity, or privacy. Section IV contrasts this approach with jurisdictions with an express right to health. Section V examines the role of the right to equality, while section VI focuses on reproductive health. The final section returns to the challenges of polycentricity and the extent to which a justiciable right can address systemic issues rather than individual rights to medication.

scholarly journals Pravo na palijativnu skrb za djecu u Republici Hrvatskoj

2020 ◽  
Vol 55 (2) ◽  
pp. 82-91
Author(s):  
Marina Milić Babić ◽  
Marina Hranj
Keyword(s):  
Palliative Care ◽  
Right To Health ◽  
Human Right ◽  
Her Family ◽  
Right To Health Care ◽  
Starting Point ◽  
The Family ◽  
The Republic ◽  
The Right

Palliative care for children means active, complete care on physical, psychological, social and spiritual levels, and it includes collaboration and active work with the family. Palliative care for children lasts during the period of illness and continues after the death of the child in the form of expert assistance to the family in their grief. Such care follows the principles of individual, holistic, transdisciplinary and biopsychosocial-spiritual approaches that come together in promoting the quality of life of a child and his or her family. Numerous legal sources are the starting point for defining palliative care for children as a fundamental human right to health care, as well as for defining basic actions within this fundamental right. The right to palliative care includes rights from different systems, and collaboration and linking of different disciplines are needed in order to meet the needs of the child and his family. The aim of this paper is to present crucial knowledge in the field of palliative care for children and to examine how this right is implemented and legally regulated in the Republic of Croatia.

The human right to health and the struggle for recognition

2011 ◽  
Vol 38 (3) ◽  
pp. 569-588 ◽  
Author(s):  
PATRICK HAYDEN
Keyword(s):  
Health Inequalities ◽  
Political Action ◽  
Right To Health ◽  
Human Condition ◽  
World Health ◽  
Human Right ◽  
Treatment Action Campaign ◽  
The Face ◽  
The Right ◽  
Struggle For Recognition

AbstractPersistent health inequalities exist globally, affecting high-income countries and blighting the developing world. Health inequalities currently are one of the greatest challenges facing realisation of the human right to health. This article argues that the struggle for the right to health in the face of such inequalities requires embracing three critical considerations: redistribution, representation, and recognition. While the analysis of the right to health has been formulated predominantly around theories of distributive justice, I suggest that a more normatively compelling account will link the politics of economic redistribution to the politics of sociocultural recognition. A recognition approach, which views rights claims as grounded on the vulnerability of the human condition, can show how rights are emergent in political action and that the ability to claim and exercise the human right to health is contingent upon recognition of diverse sociopolitical statuses. From this perspective, there are no ‘neutral’ constructions of the rights-bearing subject and conflict between different political framings of the right to health is a consequence of the struggle for recognition. This theme is illustrated by comparing conservative, affirmative, and transformative processes of recognition in the struggle for access to essential antiretroviral medicines by South Africa's Treatment Action Campaign.

Advancing Health Rights in a Globalized World: Responding to Globalization through a Collective Human Right to Public Health

2007 ◽  
Vol 35 (4) ◽  
pp. 545-555 ◽  
Author(s):  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Medical Care ◽  
Health Systems ◽  
Health Inequities ◽  
Right To Health ◽  
Human Right ◽  
Public Health Systems ◽  
The Right ◽  
Health Rights ◽  
Globalized World

In confronting the insalubrious ramifications of globalization, human rights scholars and activists have argued for greater national and international responsibility pursuant to the human right to health. Codified seminally in Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), the right to health proclaims that states bear an obligation to realize the “highest attainable standard” of health for all. However, in pressing for the highest attainable standard for each individual, the right to health has been ineffective in compelling states to address burgeoning inequalities in underlying determinants of health, focusing on individual medical treatments at the expense of public health systems. This article contends that the paradigm of individual health, focused on a right to individual medical care, is incapable of responding to health inequities in a globalized world and thereby hampers efforts to operationalize health rights through public health systems. While the right to health has evolved in international discourse over time, this evolution of the individual right to health cannot address the harmful societal ramifications of economic globalization. Rather than relying solely upon an individual right to medical care, envisioning a collective right to public health – a right applied at the societal level to address underlying determinants of health – would alleviate many of the injurious health inequities of globalization.

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