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6.
JAMA ; 331(3): 191-192, 2024 01 16.
Artigo em Inglês | MEDLINE | ID: mdl-38055704
7.
Health Hum Rights ; 25(2): 125-139, 2023 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-38145134

RESUMO

Private actors' involvement in health care financing, provision, and governance contributes to economic inequality. This paper provides an overview of emerging normative trends regarding private actors' involvement in health care by reviewing and critically analyzing international and regional human rights standards on the right to the highest attainable standard of physical and mental health. Specifically, we survey statements from United Nations human rights treaty bodies and recent jurisprudence of the African Commission on Human and Peoples' Rights that discuss private actors' involvement in health care. We then identify strengths and weaknesses of the current international human rights law framework to address the human rights and inequality impacts of private health care actors, before concluding with a series of recommendations to further develop existing standards.


Assuntos
Atenção à Saúde , Direitos Humanos , Humanos , Cooperação Internacional , Direito Internacional , Instalações de Saúde
8.
Global Health ; 19(1): 83, 2023 11 10.
Artigo em Inglês | MEDLINE | ID: mdl-37950291

RESUMO

BACKGROUND: A shortage of healthcare workers can hinder the ability to prepare for and respond to global security threats caused by diseases that are prone to pandemics. During the COVID-19 pandemic, the shortage of healthcare workers became a growing concern worldwide. Recognizing these challenges, countries adopted measures to ensure healthcare workers' freedom of movement in the face of the COVID-19 pandemic. As the WHO continues the negotiation process to reform the 2005 International Health Regulations and to adopt a new Pandemic Treaty, with one key provision relating to healthcare workers' mobility, questions remain as to whether States will actually adopt a binding international legal instrument or whether its effectiveness will be watered down by the intrinsic vulnerabilities of an international legal system that has (too) often been unable to tame geopolitical interests. Considering these challenges, we assessed the emergence of a norm of customary international law allowing the free movement of healthcare workers during pandemics. METHODS: Our study examined the laws and policies adopted during the COVID-19 pandemic concerning healthcare workers' mobility in 10 countries, representing all continents. The country selection was based on regional representation and a preliminary analysis indicating their early adoption of measures related to healthcare workers' mobility. Temporal limits were set. To gather relevant data, we employed various methods including research databases, media sources, and the COVID-19 Law Lab database. RESULTS: Our research identified and assessed instances of state practice and evidence of opinio juris to determine whether a norm of customary international law mandating states to ensure healthcare workers' freedom of movement during pandemics exists. The findings indicate a strong consensus towards ensuring the free movement of healthcare workers in times of pandemics as a way to respond to outbreaks of disease. Within months, Argentina, Colombia, Kenya, South Africa, India, Japan, Spain, the United Kingdom, Canada, and the United States, ten nations representing most regions of the world, recognized, as law, the practice of excluding healthcare workers from prohibitions on movement. CONCLUSION: Ultimately, this discussion is critical for global health because if a norm does exist in this regard, it will further strengthen pandemic legal preparedness efforts. As such, it becomes clear that the reform of the 2005 International Health Regulations and/or the adoption of a new pandemic treaty will bolster the strength of this emerging norm of customary international law and crystallize it. These legal instruments would propel a norm that is already in the process of formulation into existence. Thus, crystallizing a norm that is otherwise emerging among states.


Assuntos
COVID-19 , Pandemias , Humanos , Estados Unidos , Liberdade de Circulação , Direito Internacional , COVID-19/epidemiologia , Pessoal de Saúde
9.
J Law Med Ethics ; 51(2): 450-453, 2023.
Artigo em Inglês | MEDLINE | ID: mdl-37655572

RESUMO

Global health law for pandemics currently lacks legal obligations to ensure distributional and reparative justice. In contrast, international environmental law contains several novel international legal mechanisms aimed at addressing the effects of colonialism and global injustices that arise from the disproportionate contributions to - and impacts of - climate change and biodiversity loss.


Assuntos
Saúde Global , Direito Internacional , Humanos , Mudança Climática , Pandemias/prevenção & controle , Justiça Social
10.
Lancet ; 402(10407): 1097-1106, 2023 09 23.
Artigo em Inglês | MEDLINE | ID: mdl-37678291

RESUMO

Across multiple pandemics, global health governance institutions have struggled to secure the compliance of states with international legal and political commitments, ranging from data sharing to observing WHO guidance to sharing vaccines. In response, governments are negotiating a new pandemic treaty and revising the International Health Regulations. Achieving compliance remains challenging, but international relations and international law research in areas outside of health offers insights. This Health Policy analyses international relations research on the reasons why states comply with international law, even in the absence of sanctions. Drawing on human rights, trade, finance, tobacco, and environmental law, we categorise compliance mechanisms as police patrol, fire alarm, or community organiser models. We show that, to date, current and proposed global health law incorporates only a few of the mechanisms that have shown to be effective in other areas. We offer six specific, politically feasible mechanisms for new international agreements that, together, could create compliance pressures to shift state behaviour.


Assuntos
Incêndios , Direito Internacional , Humanos , Pandemias/prevenção & controle , Saúde Global , Cooperação Internacional
11.
Eur J Health Law ; 30(3): 365-377, 2023 03 31.
Artigo em Inglês | MEDLINE | ID: mdl-37582524
12.
Front Public Health ; 11: 1193236, 2023.
Artigo em Inglês | MEDLINE | ID: mdl-37377554

RESUMO

Introduction: Although HIV has been part of our reality for over 30 years, people living with HIV (PLHIV) still experience restrictions regarding their access to healthcare. This poses a significant ethical problem, especially as it endangers achieving the goal of ending the HIV epidemic worldwide. The aim of this paper is to analyze the rulings of the European Court of Human Rights (ECtHR) regarding cases where PLHIV experienced restrictions on their access to healthcare. Methods: We conducted an analysis of the ECtHR database and were able to identify N = 28 cases dealing with restricted access to healthcare for PLHIV. A descriptive and thematic analysis was conducted to identify ways in which access to healthcare for PLHIV was restricted. Results: We were able to identify a total of four main categories, with denial of adequate therapeutic support as the main category with N = 22 cases (78.57%). Most of the judgments examined were filed against Russia (N = 12, 42.86%) and Ukraine (N = 9, 32.14%). A large proportion of PLHIV in the cases studied (N = 57, 85.07%) were detainees. Discussion: The analysis shows a clear condemnation of limited access to healthcare for PLHIV by the ECtHR. Ethical implications of the analyzed cases are discussed in detail.


Assuntos
Atenção à Saúde , Infecções por HIV , Acesso aos Serviços de Saúde , Humanos , Infecções por HIV/psicologia , Infecções por HIV/terapia , Direitos Humanos , Europa (Continente) , Estereotipagem , Ética Médica , Direito Internacional , Julgamento
14.
J Law Med Ethics ; 51(1): 217-220, 2023.
Artigo em Inglês | MEDLINE | ID: mdl-37226758

RESUMO

Equity is a foundational concept for the new World Health Organization (WHO) Pandemic Treaty. WHO Member States are currently negotiating to turn this undefined concept into tangible outcomes by borrowing a policy mechanism from international environmental law: "access and benefit-sharing" (ABS).


Assuntos
Cooperação Internacional , Pandemias , Humanos , Direito Internacional , Políticas , Organização Mundial da Saúde
15.
Torture ; 33(1): 79-91, 2023.
Artigo em Inglês | MEDLINE | ID: mdl-37115308

RESUMO

INTRODUCTION: Deprivation of sunlight (DoS) should be considered independently as a method of torture. We review the definition and the spectrum of DoS, and the harms it causes that may rise to the level of torture. METHOD: We review relevant international case law, and highlight how the harms of DoS have historically not been fully considered in torture cases, possibly legitimizing its use. CONCLUSION: A standardized definition of deprivation of sunlight be developed and in-cluded in the Torturing Environment Scale, we call for an explicit international prohibi-tion of DoS.


Assuntos
Tortura , Humanos , Escuridão , Luz Solar , Direito Internacional
16.
Artigo em Inglês | MEDLINE | ID: mdl-36982037

RESUMO

With the increase of people's living space, global warming caused by the decrease of greening urban spaces and the serious decline of greenspace quality has led to extreme weather events and coastal erosion, which has become the biggest threat to the ocean and has also led to the occurrence of international public safety incidents. Therefore, it is of great practical significance to explore the tense relationship between the current marine environmental protection and global public safety for the development of an international healthy community. Firstly, this paper discusses the influence of implementing the international law of marine environmental protection on global public health after the reduction of green urban space and the decline of green space quality. Secondly, K-means and discrete particle swarm optimization algorithms are introduced and the particle swarm optimization-K-means clustering (PSO-K-means) algorithm is designed to screen and deal with the mapping relationship between latent variables and word sets about the impact of implementing the international marine ecological protection law on the international public health community in network data information. Moreover, the influencing factors are clustered and the scenarios are evaluated. The results show that the clustering analysis of the marine environment can promote the clustering of marine characteristic words. Meanwhile, the PSO-K-means algorithm can effectively cluster vulnerability data information. When the threshold is 0.45, the estimated recall rate of the corresponding model is 88.75%. Therefore, the following measures have been formulated, that is, increasing greening urban spaces and enhancing the quality of green space to enhance the protection of marine environment, which has practical reference value for realizing the protection of marine environment and the sustainable development of marine water resources and land resources.


Assuntos
Conservação dos Recursos Naturais , Saúde Pública , Humanos , Direito Internacional , Desenvolvimento Sustentável , Algoritmos
17.
Wiad Lek ; 76(1): 226-232, 2023.
Artigo em Inglês | MEDLINE | ID: mdl-36883514

RESUMO

OBJECTIVE: The aim: To reveal some features of medical contracts with conditions contrary to public policy. PATIENTS AND METHODS: Materials and methods: The study is based on the statutory acts of countries of European Union. The author also uses acts of international law in the field of medical services, the law and cases court practice of EU. CONCLUSION: Conclusions: The sphere of medical services objectively requires increased control by the state. There are various legal mechanisms for ensuring the rights of the patient and the proper level of medicine. It is important to invalidate the unfair terms of medical contracts, compensation for losses and moral damage. These remedies are obtained through judicial protection and, in some cases, through other jurisdictional means. It is important to implement European standards in national legislation.


Assuntos
Direito Internacional , Medicina , Humanos , União Europeia , Princípios Morais , Política Pública
18.
Ann Glob Health ; 89(1): 3, 2023.
Artigo em Inglês | MEDLINE | ID: mdl-36743284

RESUMO

Hybrid Warfare is on display because of the unjustified Russian invasion of Ukraine. This is characterized by numerous crimes against civilians as seen vividly during the occupation of the town of Bucha where rape, torture, murder, and looting seem to reflect Russian military policy, leadership, and command guidance. Of particular concern is the threat to hospitals and health care as well as vital life support. Numerous hospitals have been damaged and destroyed. Hospitals are not tactical military targets and targeting health care facilities and personnel ignores traditional jus in bello and ignores numerous conventions established to stabilize the global order. The Russian-proclaimed "special operation" in Ukraine has been characterized by barbarian warfare in which the Russian military uses weapons against the civilian population and civilian infrastructure. The aggressors have embarked on a purposeful terror campaign through infrastructure attacks, which are of little military value except to demoralize the nation's people. This is evident with Russian missile and drone attacks on electric, water, and health care in Ukraine. Warfare now and in the future may be increasingly aimed at demoralizing civilian populations and reducing the will of the people and their government to resist. The Ukrainian invasion clearly shows that this use of hybrid warfare should be met with a strong reaction of the international community at the earliest possible stage, especially the supposedly peace-loving neutral countries, or else the future is expanded unlawful and barbaric military conflict.


Assuntos
Direito Internacional , Guerra , Humanos , Ucrânia , Homicídio , Atenção à Saúde
19.
Environ Sci Pollut Res Int ; 30(7): 18380-18394, 2023 Feb.
Artigo em Inglês | MEDLINE | ID: mdl-36215011

RESUMO

Dispersants are approved for use in many countries (UK, South Korea, Australia, Egypt, France, Greece, Indonesia, Italy, Japan, Malaysia, Norway, Singapore, Spain, Thailand, and several coastal African, South American, and Middle Eastern countries). Here, the protocols of the most advanced (France, Norway, UK, Spain, Greece, Italy, USA, and Australia) are compared for identifying possible harmonization of approval procedures. Pre-toxicity testing, recognized oil datasets, common thresholds, standardized protocols, zoning, and monitoring are some of the aspects that can be discussed between countries.


Assuntos
Poluentes Químicos da Água , Poluição da Água , Poluição da Água/legislação & jurisprudência , Direito Internacional
20.
Am J Law Med ; 49(2-3): 267-285, 2023 Jul.
Artigo em Inglês | MEDLINE | ID: mdl-38344788

RESUMO

Propaganda and manipulation have long been employed to influence and shape individuals' thoughts and identities. In the advent of the digital era, these techniques have become more sophisticated and invasive, and are utilized to further various causes. This article investigates the extent to which international human rights law affords protection against manipulation techniques such as microtargeting and behavioral reading, which can negatively impact individuals' mental health and autonomy by threatening their right to construct their own identity. The right to freedom of thought in the Universal Declaration of Human Rights (Article 18), the International Covenant on Civil and Political Rights (Article 18), and the European Convention on Human Rights (Article 9) offers absolute protection to individuals' inner selves and covers the protection against manipulation on paper. However, in practice, the right has not received much attention and has not reached its full potential due to its abstract and ambiguous nature. This Article analyzes the preparatory works of these human rights law instruments, with a particular focus on the right to freedom of thought, to clarify its origins and the intention behind its creation. The Article contends that the historical origins of the right do not provide sufficient answers to the current issue and contribute to the ineffective application of the right against emerging manipulative practices. The Article also proposes potential ways to clarify and strengthen the legal framework related to the right to freedom of thought.


Assuntos
Liberdade , Direitos Humanos , Humanos , Direito Internacional
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