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1.
Wiad Lek ; 77(1): 126-134, 2024.
Artigo em Inglês | MEDLINE | ID: mdl-38431817

RESUMO

OBJECTIVE: Aim: To determine the problematic issues of ensuring the rights and freedoms of persons suffering from mental disorders and to whom CMM are applied in criminal proceedings under the legislation of Ukraine and the legislation of the states that adhere to the modern concepts of international standards of human rights ensuring to a person the CMM are applied to. PATIENTS AND METHODS: Materials and Methods: Legal positions of the ECHR, criminal procedural legislation of a number of states, and a survey of scientists and practitioners conducted by the authors are used in this paper (total number of respondents was 168). A set of general scientific and special methods are used to achieve the aim of the study. CONCLUSION: Conclusions: The practice of applying СMM to persons suffering from mental disorders in criminal proceedings in Ukraine and other states does not fully meet international standards and needs improvement. It was suggested to make changes to the legal acts on the use of CMM in criminal proceedings.


Assuntos
Criminosos , Transtornos Mentais , Médicos , Humanos , Direitos Humanos , Ucrânia , Transtornos Mentais/terapia
2.
BMC Public Health ; 24(1): 761, 2024 Mar 11.
Artigo em Inglês | MEDLINE | ID: mdl-38468194

RESUMO

BACKGROUND: Accessing health rights is an integral component of people's aspirations for a better life. Existing discussions and evaluations regarding the accessibility of health rights for minority rural migrants are insufficient. In comparison to objective health conditions, inequalities in health rights lead to chronic and long-term depletion of human capital among minority rural migrants. This study aimed to assess the overall impact, heterogeneity effects, and mechanisms of health rights accessibility on the urban integration of minority rural migrants. METHODS: Based on the 2017 China Migrants Dynamic Survey Data (CMDS), this study employs OLS models, 2SLS models, conditional mixed process (CMP) methods, and omitted variable tests to estimate the impact of health rights accessibility on the urban integration of minority rural migrants. Additionally, from the perspectives of migration scope and illness experience, this study explored the heterogeneity in the relationship between health rights accessibility and urban integration. Finally, using the Karlson-Holm-Breen (KHB) model, this study dissects the mechanisms through which health rights accessibility influences the urban integration of minority rural migrants. RESULTS: Health rights accessibility significantly enhances the urban integration of minority rural migrants. Moreover, compared to minority rural migrants who move across provinces and who have no history of illness, those who migrate within the same province and who have experienced illness are more sensitive to the positive impact of health rights accessibility. However, the enhancing effect of health rights accessibility does not significantly differ between the new and old generations of minority rural migrants. Furthermore, health rights accessibility can indirectly improve the urban integration of minority rural migrants by elevating health levels, improving health habits, and reinforcing health behaviors. Among these, the indirect effects mediated by health habits are more pronounced. CONCLUSION: The research conclusions underscore the issue of health accessibility and urban integration among minority rural migrants, providing a reexamination and clarification of the policy effects of health rights in promoting the urban integration of minority rural migrants. Relevant policy design should commence with improving the health rights of minority rural migrants, enhancing their health integration capabilities, and effectively boosting their ability to integrate into urban life.


Assuntos
Direito à Saúde , Migrantes , Humanos , Acesso aos Serviços de Saúde , Estudos Transversais , População Urbana , Direitos Humanos , China , População Rural
3.
Glob Public Health ; 19(1): 2326016, 2024 Jan.
Artigo em Inglês | MEDLINE | ID: mdl-38471035

RESUMO

To achieve Sustainable Development Goal 5 for gender equality by 2030, it is crucial for health and development professionals and governmental officials to understand how legal systems empower or oppress populations on the basis of gender worldwide, including opportunities and challenges of statutory provisions created by legal pluralism. Using Ethiopia as a case study, this paper examines how local laws applied in Sharia and Customary Dispute Resolution courts impact gender equality and the health of women and girls inspite of the inculcation of human rights statutes into national legislation, including the Constitution. We identify several key issues with the substantive law and its enforcement. First, laws which have been instituted at the national level to improve gender equally have been poorly enforced at the local level. Second, there is a sustained enforcement of laws that oppress women and that protect male perpetrators of gender-based violations. Third, local courts limit female representation and uphold patriarchy. To improve the health of women and girls, stakeholders must take into consideration the ways in which legal systems uphold harmful gender norms and obstruct and/or advance progress towards equal representation, opportunities, and constitutionally-mandated protections for all.


Assuntos
Diversidade Cultural , Direitos Humanos , Feminino , Humanos , Masculino , Etiópia
4.
J Int Bioethique Ethique Sci ; 34(4): 79-99, 2024.
Artigo em Francês | MEDLINE | ID: mdl-38480273

RESUMO

The impact of climate change on PDO and PGI production can provide an excellent laboratory for verifying precisely whether, and to what extent, climate risks are perceived in a sector so closely linked to territories and climate; whether climate change requires a modification of the agricultural production model and the legal model to enable production to adapt to climate risks and sustainability requirements, particularly in the light of new « sui generis » human rights such as biocultural rights.


Assuntos
Agricultura , Mudança Climática , Humanos , Direitos Humanos
5.
J Int Bioethique Ethique Sci ; 34(4): 57-77, 2024.
Artigo em Francês | MEDLINE | ID: mdl-38480271

RESUMO

This article discusses the right to a clean, healthy and sustainable environment (hereinafter “right to a healthy environment”) within the framework of a “food systems approach” and from the perspective of the three main functions of law in the transition to sustainable and equitable food systems (hereinafter “SAD”). The article aims to demonstrate that the right to a healthy environment is an indispensable right for achieving the transition to SADs through the building blocks of food systems, namely food supply chains, food environments and consumer behavior. First of all, the article notes that the right to a healthy environment has been at the heart of SAD since it was recognized as a human right by Resolution 48/13 of the Human Rights Council and Resolution 76/300 of the United Nations General Assembly. As well as underpinning the sustainability and equity of food systems, the right to a healthy environment is inseparable from the realization of other human rights, most notably the right to adequate food, itself at the heart of food systems. Secondly, the article argues that the operationalization of the right to a healthy environment by States would benefit from a “food systems approach” to ensure the transition to SADs. In this perspective, the right to a healthy environment constitutes a genuine vector for the development and adoption of legal and policy measures that improve the sustainability and equity of food systems, and the implementation of the CFS Voluntary Guidelines on Food Systems and Nutrition adopted in 2021.


Assuntos
Meio Ambiente , Nações Unidas , Humanos , Direitos Humanos
7.
Int J Law Psychiatry ; 93: 101966, 2024.
Artigo em Inglês | MEDLINE | ID: mdl-38430626

RESUMO

The Convention on the Rights of Persons with Disabilities (CRPD) sets out a new vision for mental health care with equality and self-determination as its core standards. The CRPD fundamentally challenges long-standing practices in Sweden including the use of involuntary hospitalization, treatment without consent, and the use of restraints. This article discusses the impact of this new vision on Swedish mental health law and policy. An examination of mental health law inquiries from 2008 to 2023 reveals a notable lack of attention from policymakers towards the CRPD. Nevertheless, the Convention has emerged as a vital advocacy instrument for disability organizations and others opposing proposals that seek to broaden doctors' authority to employ coercion. In addition, the many efforts undertaken to reduce the use of coercion and to enhance the involvement of individuals with psychosocial disabilities in policy development align seamlessly with the principles of the Convention. This article concludes with a reflection on why the CRPD has not assumed a more prominent role in shaping mental health law in Sweden and calls on the government to seriously consider the CRPD's call for equality.


Assuntos
Pessoas com Deficiência , Saúde Mental , Humanos , Suécia , Nações Unidas , Direitos Humanos
10.
J Int Bioethique Ethique Sci ; 34(3): 69-81, 2024.
Artigo em Francês | MEDLINE | ID: mdl-38423979

RESUMO

INTRODUCTION: A legal exception to the principle of equal health rights, discriminatory subsidies often pose an ethical dilemma in the field of application. AIM: To analyze discriminatory subsidies for healthcare in the light of the ethical principle of justice and to propose alternatives to any inherent legal and ethical conflicts. METHOD: This was a qualitative, descriptive and analytical study based on semi-structured interviews with caregivers. RESULTS: Participants felt that the application of discriminatory subsidies has a negative impact on substantial distributive justice. The infringements of the award conditions were exclusively for the benefit of the patients concerned. Their impact was considered positive on distributive justice and negative on formal justice. DISCUSSION: Discriminatory care subsidies generally stem from a legal requirement whose application should not be ambiguous. It is apparent that the infringements of the conditions for attribution were in favour of substantial distributive justice. This opposition is a potential source of decision-making difficulties for caregivers who often choose to violate conditions for the benefit of their indigent patients. There are therefore violations of ethically understandable standards, which must be admitted. This could be done through the provision of exceptions for the application of standards for ”noble causes” and conscientious objection clauses in health policy texts. CONCLUSION: The legitimacy of health policy norms is essential for their effective application, hence the interest of taking distributive justice into account in the genesis of formal norms.


Assuntos
Acesso aos Serviços de Saúde , Direitos Humanos , Humanos , Burkina Faso , Justiça Social
11.
Cien Saude Colet ; 29(2): e02222023, 2024 Feb.
Artigo em Português, Inglês | MEDLINE | ID: mdl-38324819

RESUMO

We conducted a socio-historical study covering the period 1979-2014 to explore the genesis of LGBT health policy in Bahia, Brazil, drawing on Pinell's theoretical framework for the sociological analysis of public policy. To analyze the social space, we investigated the trajectories of the agents involved in policy formulation and the relations between these agents and the national social space and field of State power. The agents were predominantly from the scientific, human rights, sexual rights, feminism and AIDS fields, and had a high level of bureaucratic and militant capital, meaning they were well-versed in LGBT health issues. The historical conditions of possibility underlying the formulation of LGBT health policy included the formalization of the State Technical Committee on LGBT Health in 2014, in an effort to improve access to comprehensive health care for vulnerable groups; and the Bahia without Homophobia plan, which helped expand dialogue around with civil society and social movements and address the main criticisms of policy making.


Com o objetivo de descrever a gênese de propostas para a saúde da população de LGBT na Bahia, foi realizado um estudo sócio histórico entre 1979 e 2014. Adotou-se as proposições de Patrice Pinell para a análise sociológica de políticas públicas. A análise do espaço social compreendeu a identificação das trajetórias dos agentes envolvidos com as propostas no estado da Bahia e as relações entre esses agentes e o espaço social nacional, assim como, o campo do poder do Estado. Na Bahia, destacaram-se agentes com trajetórias vinculadas ao campo científico, dos direitos humanos, dos direitos sexuais, do feminismo e do espaço AIDS, com alto capital burocrático e militante, que propiciou aproximação às questões relacionadas a saúde LGBT local. As condições de possibilidade que permitiram a formulação de propostas políticas baseadas na integralidade e na universalidade da atenção à saúde foram a formalização do Comitê Técnico Estadual de Saúde Integral LGBT da Bahia, em 2014, onde buscou-se ampliar a Atenção Integral à Saúde voltada às populações de maior vulnerabilidade; e o Plano Bahia sem homofobia, que permitiu ampliar o diálogo com a sociedade civil e os movimentos sociais e abarcar as principais críticas para a formulação de propostas políticas.


Assuntos
Dissidências e Disputas , Minorias Sexuais e de Gênero , Humanos , Brasil , Direitos Humanos , Política de Saúde
13.
AMA J Ethics ; 26(2): E184-190, 2024 Feb 01.
Artigo em Inglês | MEDLINE | ID: mdl-38306209

RESUMO

This article interrogates anthropocentrism and nonhuman animal instrumentalization in One Health (OH). It argues that OH's approach to human health and zoonosis focuses too narrowly on furthering certain human interests at the expense of nonhuman animals, which is not sustainable, just, or compassionate. This article also offers an alternative vision for protecting and promoting health for all over the long term that includes the human right to self-determination and the nonhuman animal right to not be exploited or abused. This rights-based approach recognizes that the root causes of zoonosis should be identified and addressed via policies and actions that challenge nonhuman animal exploitation.


Assuntos
Saúde Única , Animais , Humanos , Direitos Humanos , Políticas , Autonomia Pessoal
16.
Child Adolesc Psychiatr Clin N Am ; 33(2): 151-161, 2024 Apr.
Artigo em Inglês | MEDLINE | ID: mdl-38395502

RESUMO

This article addresses the mental health rights of unaccompanied children, the ways in which the US immigration system does not sufficiently support children's mental health, and how clinicians can play a role in meeting immigrant children's mental health needs.


Assuntos
Emigrantes e Imigrantes , Refugiados , Criança , Humanos , Saúde Mental , Acesso aos Serviços de Saúde , Direitos Humanos , Direitos Civis , Governo , Refugiados/psicologia
17.
Child Adolesc Psychiatr Clin N Am ; 33(2): 111-124, 2024 Apr.
Artigo em Inglês | MEDLINE | ID: mdl-38395499

RESUMO

Refugee children are often exposed to adversities and traumatic experiences that can harm the mental health and well-being of refugee children. These include human trafficking and exploitation and dangers in detention centers and refugee camps. All these adverse events can be traumatic and contribute to poor mental health, including posttraumatic stress, anxiety, depression, and substance use disorders. Therefore, the assessment of refugee children and adolescents should include screening and identification for these experiences, provision of evidence-based trauma treatment, and social supports to promote their well-being and thriving.


Assuntos
Refugiados , Transtornos de Estresse Pós-Traumáticos , Criança , Adolescente , Humanos , Transtornos de Estresse Pós-Traumáticos/diagnóstico , Transtornos de Estresse Pós-Traumáticos/terapia , Refugiados/psicologia , Ansiedade , Saúde Mental , Direitos Humanos
18.
Artigo em Inglês | MEDLINE | ID: mdl-38397703

RESUMO

The respect for human rights in mental health care services significantly contributes to organizational well-being and is evolving into an actual benchmark of quality standards. This study assesses the perception of the respect for human rights for users and staff, as well as organizational and job satisfaction among mental health professionals in three South American countries, through the well-being at work and respect for human rights (WWRR) questionnaire and assesses whether there are significant differences. Seven mental health facilities in Argentina, Colombia, and Peru were involved in this observational study. The sample comprised 310 mental health professionals. The three countries exhibited differences in WWRR, particularly in the staff's satisfaction with resources for care (η2 = 0.166) and staff's satisfaction with organizational aspects (η2 = 0.113). Colombia had the lowest scores in these factors but the highest in the perception of the respect for human rights for users and staff, although this difference did not reach a statistical significance. Despite the progress made in recent years towards coercion-free medical standards and an increased focus on mental health polices in Latin American countries, there is a need to enhance the quality standards of mental health services, recognizing the value that the respect for human rights holds for the organizational well-being of both mental health users and professionals.


Assuntos
Pessoal de Saúde , Saúde Mental , Humanos , Pessoal de Saúde/psicologia , América do Sul , Direitos Humanos , Percepção
19.
Rev Esp Salud Publica ; 982024 Feb 20.
Artigo em Espanhol | MEDLINE | ID: mdl-38385454

RESUMO

According to Sustainable Development Goals 10.2 and 10.3, it is imperative to promote the elimination of discriminatory laws, as well as implement policies and practices for the inclusion of vulnerable social groups on the social, economic and political fronts. In this regard, HIV-related discrimination and stigma remain unaddressed in many European Union countries. Fighting HIV-related stigma has been one of the main priorities of the Spanish Presidency of the Council of the European Union. This commitment was reflected in the High Level Meeting entitled HIV and Human Rights. Political action to achieve ZERO stigma. This meeting provided an opportunity to discuss a variety of strategies and agreements for eradicating stigma and discrimination associated with HIV in a variety of social, political, and institutional contexts.


Los objetivos de desarrollo sostenible 10.2 y 10.3 ponen de manifiesto la importancia de fomentar la eliminación de leyes discriminatorias, así como de implantar políticas y prácticas orientadas a la inclusión social, económica y política de los grupos sociales vulnerables. En este sentido, abordar la discriminación y el estigma asociados al VIH sigue siendo una asignatura pendiente dentro de los países que conforman la Unión Europea. De ahí que esta cuestión haya sido una prioridad política de la Presidencia española del Consejo de la Unión Europea, reflejada en la Reunión de Alto Nivel VIH y derechos humanos. Acción política para alcanzar CERO estigma. En esta reunión se abordaron diferentes estrategias y acuerdos para promover la eliminación del estigma y la discriminación asociada al VIH en diferentes ámbitos y dimensiones sociales, políticas e institucionales.


Assuntos
Infecções por HIV , Humanos , Infecções por HIV/prevenção & controle , Espanha , Estigma Social , Direitos Humanos , União Europeia
20.
Eur J Health Law ; 31(1): 122-127, 2024 Feb 06.
Artigo em Inglês | MEDLINE | ID: mdl-38378026
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