The intertwining of discourses in the diagnostic construction of cystic fibrosis: a perspective on access and barriers. / A tessitura dos discursos na construção diagnóstica da fibrose cística: uma perspectiva sobre acesso e barreiras.

The complexities referred to in the search for "accuracy" in the diagnosis of cystic fibrosis (CF) point to reflections around "what is needed" in the current situation of "precision medicine". We analyzed the discourses of 19 social actors belonging to the community of specialists in cystic fibrosis, exploring the semantic meanings of the word "precision", and the barriers to diagnosis and innovations in therapeutics. We adopted the critical discourse analysis (CDA) of Norman Fairclough in order to achieve the discursive constructions around the integrality of care, the guarantee and equitable supply of basic social needs. Access was identified as an emic category when in the social arenas of dispute are health needs and the right to life.

As complexidades referidas na busca pela "exatidão" no diagnóstico da fibrose cística (FC) apontam para reflexões em torno de "o que é preciso" na atual conjuntura da "medicina de precisão". Analisamos os discursos de 19 atores sociais pertencentes à comunidade de especialistas na fibrose cística, explorando as acepções semânticas do vocábulo "precisão" e as barreiras ao diagnóstico e às inovações na terapêutica. Adotamos a análise crítica do discurso de Norman Fairclough a fim de alcançar as construções discursivas em torno da integralidade do cuidado, da garantia e oferta equitativa dos básicos sociais. O acesso foi identificado como categoria êmica quando nas arenas sociais de disputa estão as necessidades de saúde e o direito à vida.

An analysis of Nepal's Draft Mental Health Acts 2006-2017: competing values and power.

This qualitative study maps the process of drafting and consulting on Nepal's mental health legislation from 2006 to 2017. A total of 14 people were interviewed and interviews were analysed thematically. These themes were subsequently interpreted in light of Shiffman and Smith's policy analysis framework, as the process was found to be at the agenda-setting stage. Two groups of actors were identified with different views on appropriate policy content and how the policy process should be conducted. The first group included psychiatrists who initiated and controlled the drafting process and who did not consider people with psychosocial disabilities to be equal partners. The psychiatrists viewed forced detention and treatment as upholding people's right to health and lobbied the Ministry of Health and Population (MoHP) to pass the draft acts to parliament. The second included the rights-based civil society actors and lawyers who saw the right to equality before the law as of utmost priority, opposed forced detention and treatment, and actively blocked the draft acts at the MoHP. There is no clear legal definition of mental health and illness in Nepal, legal and mental capacity are not differentiated, and people with mental and behavioural conditions are assumed to lack capacity. The analysis indicates that there were few favourable conditions to support the progression of this policy into law. It is unclear whether the drafters or blockers will prevail in the future, but we predict that professionals will continue to have more input into content than service users due to national policy dynamics.

Analysing governments' progress on the right to health.

Objective: To examine the influence of varying articulations of the right to health under domestic constitutions, legislation and jurisprudence on the scope of legal protection for health. Methods: We investigated legal recognition of the right to health, by conducting a three-level search. First, we searched databases containing constitutional texts. Second, we did a thematic analysis of those constitutional texts with explicit constitutional recognition of health rights, employing NVivo for coding. For the 54 World Health Organization (WHO) Member States without explicit constitutional provisions, we explored statutory paths, judicial constructions and instances where both methods contributed to the acknowledgement of health rights. Lastly, we confirmed evidence of jurisprudence constructing a right to health based on a combination of domestic law and international human rights norms incorporated directly into the text. Findings: We identified 140 WHO Member States with a constitutionalized right to health. Our analysis suggests there are notable variations in the legal scope of protection for health, including breadth of entitlements and the possibility of enforcing these rights through the legal system. We also highlight the critical importance of constitutional acknowledgement, legislative measures, and judicial interpretations in shaping the legal entitlements to health-care services, affecting their accessibility and financial support. Conclusion: The analysis offers insights for policy-makers to assess different approaches to health-related entitlements, with implications for health financing and the evaluation of Member States' strides towards universal access to comprehensive care. This analysis also illuminates how distinct formulations of the right to health have varied effects on reducing health disparities.

Effect of health rights accessibility on the urban integration of minority rural migrants in China: a cross-sectional study.

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.

Protección constitucional del derecho a la salud en la República del Paraguay / Constitutional protection of the right to health in the Republic of Paraguay

Con la sanción de la Constitución Nacional en 1992 de la Repúblicadel Paraguay, se declara en sus artículos 68 y 69 "que el Estado protegerá y promoverá el derecho a la salud como fundamental, proveyendo las condiciones dentro del Sistema Nacional de Salud, recursos, planes y políticas integradas al desarrollo". Este marco constitucional ha sido la base y el fundamento de la Ley 1.032/96, que crea el Sistema Nacional de Salud, el cual está compuesto por los subsectores públicos, mixtos y privados, caracterizado por un modelo segmentado y fragmentado, reglamentado por el Decreto Ley N°21.376 del año 1998 bajo la rectoría del Ministerio de Salud Pública y Bienestar Social, actualmente la salud paraguaya está fundamentada en los ejes estratégicos basados en la creación e implementación de unidades de salud familiar y se define con un enfoque basado en la atención primaria de la salud. Palabras clave: Paraguay; derecho a la salud; sistemas nacionales de salud; constitución y estatutos; atención primaria de salud

With the enactment of the National Constitution of the Republic of Paraguay in 1992, articles 68 and 69 state that "the State will protect and promote the right to health as fundamental, providing the conditions within the National Health System, resources, plans and policies integrated to development". This constitutional framework has been the basis and foundation of Law 1.032/96, which creates the National Health System, which is composed of public, mixed and private subsectors, characterized by a segmented and fragmented model, regulated by the Decree Law No. 21,376 of 1998, under the Ministry of Public Health and Social Welfare, Paraguayan health is currently based on strategic axes based on the creation and implementation of family health units and is defined with an approach based on primary health care. Key words: Paraguay; right to health; national health systems; constitutionand bylaws; primary health care

The ubiquity of 'self-care' in health: Why specificity matters.

Despite increased interest in self-care for health, little consensus exists around its definition and scope. The World Health Organization has published several definitions of self-care, including in a 2019 Global Guideline rooted in sexual and reproductive health and rights (SRHR), later expanded to encompass health more generally. To establish a robust understanding of self-care, this exploratory study inventorises, consolidates, presents and analyses definitions of self-care beyond the SRHR field. A pragmatic review identified definitions and conceptualisations of self-care from peer-reviewed and grey literature published between 2009 and 2021. The search identified 91 definitions of self-care from 116 relevant publications. Data extraction informed analysis to identify recurring themes and approaches, revealing three key areas of variation: self-care being: (1) defined directly or descriptively; (2) situated within individual, interpersonal or structural contexts; (3) defined broadly or topic-specifically. A multilevel conceptualisation can guide a more broadly applicable understanding of self-care: first, as an aspect of healthcare; second, as a concept operating at individual, interpersonal and institutional levels; third, as a concept that impacts specific health fields and contexts differently. A comprehensive but adaptable framework works in service of improving health and wellbeing for all, acknowledging the linkages between self-care and health-related human rights.

Minimally good life and the human right to health.

In Global Health Impact: Extending Access to Essential Medicines, Nicole Hassoun argues that the concept of a minimally good life grounds the human right to health, which in turn implies the human right to access essential medicines in developing countries. This article argues that Hassoun's argument must be revised. If the temporal unit of a minimally good life is identified, her argument faces a substantive problem, which undermines an important part of her argument. This article then proposes a solution to this problem. If this proposed solution is accepted, Hassoun's project turns out to be more radical than her argument is supposed to be.

Healthcare Services for Asylum-Seekers: Untangling the European Social Charter.

Asylum-seekers, like any population, need healthcare services, yet national laws sometimes restrict access to such services. The European Social Charter (revised) protects the right to health and medical services. However, the Charter has a complex application, and its scope is limited concerning foreigners. This article analyses to what extent the provisions of the Charter on the right to health and medical assistance apply to adult asylum-seekers. It shows that the Charter may apply to various degrees to asylum-seekers depending on several circumstances, such as the national definition of residence or regular work, grounds for seeking asylum, citizenship or lack thereof. Depending on these factors, some asylum-seekers may receive full healthcare services, whereas others may have only limited rights. The article shows that the migrant statuses created by national and EU law do not fit in the system of statuses in the Charter, which might produce legal hindrances to accessing health-related rights for asylum-seekers. The article also discusses the possible ways for the European Committee of Social Rights to further expand the scope of the Charter's application.

Migration and health right: Probabilistic estimate of the factors that impact on health right of the migrant population, Peru 2019-2021.

The study aims to identify factors associated with the violation of the right to health of the regular migrant population with respect to the nonmigrant population in Peru during the period 2019-2021, based on the complaints of health services users. It is a three-year cross-sectional and retrospective study on a total population of 122,505 complainants to the National Superintendency of Health (SUSALUD). The types of health rights used were those established in Peruvian Law No. 29414. An unordered multinomial probability model was used to estimate the probability of belonging to five types of violated rights based on the regular migrant and nonmigrant population, and the exogenous variables that affect this probability. The individual significance tests of the model, the tests for combining categories and the test of independence of irrelevant alternatives by means of the Wald and Hausman-McFadden tests were previously taken. The results indicated an increase in complaints from regular migrants of 5.6% in the 2019-2021 period unlike nonmigrants who had a decrease of 12.2%. The greatest probability that health rights of regular migrants are violated refers to access to information and the right to care and recovery, where their probability of violation is 27.7% and 25.4%, respectively (p-v < 0.05, CI = 95%). Likewise, health rights are more likely to be violated if they are women; if they are adults (41 years old on average); if they do not possess any type of health insurance; if they use Peruvian Ministry of Health (MINSA) services; and if they are located in metropolitan cities, such as Lima and Callao.

Continuing education for forensic medical analysis of the constitutional appeals in Costa Rica / Formação acadêmica contínua para análise médico forense de recursos de amparo na Costa Rica / Formación académica continua para el análisis médico forense de recursos de amparo en Costa Rica

Introduction: Judicially demanding the right to health involves different elements and can lead to changes in continuing education programs. The current trend is to follow this pathway to access low-frequency and high-cost medications. In addition, the Constitutional Court of Costa Rica requests a technical concept from forensic doctors. Objective: To raise the need for continuous updating in specific theoretical-practical academic knowledge required by forensic doctors to guarantee the right to health services. Reflection: The training of forensic medical doctors is focused on evidence and encourages continuous education. Nevertheless, a commitment is necessary in continuing medical education programs such as literature search strategies, critical assessment of evidence, and academic practices that incorporate particular circumstances comparing them with scientific studies. These programs must take into account prevalent medications and pathologies as well as technical-scientific factors that differ in each service provider. Conclusion: A continuing education program about the interpretation and assessment of scientific evidence for proper decision making on health issues would allow medical doctors to judge existing health problems and choose a medication that is the most beneficial for a patient.

Introducción: La judicialización del derecho a la salud involucra a distintos actores y puede propiciar cambios en programas de educación continua; pues la tendencia actual es recurrir a esta vía para acceder a medicamentos de baja frecuencia y alto costo. Adicionalmente, en Costa Rica la Sala Constitucional solicita el criterio técnico a médicos forenses. Objetivo: Plantear la necesidad de actualización continua en conocimientos académicos teóricos-prácticos específicos que requiere el médico forense para garantizar el derecho a los servicios de salud. Reflexión: El médico forense cuenta con formación basada en evidencias y se incentiva su formación continua, sin embargo, es necesario un compromiso con los programas de educación médica continua: en estrategias de búsqueda de literatura, valoración crítica de la evidencia encontrada y práctica académica que incorpore las circunstancias particulares, comparándolo con los resultados de estudios científicos; tomando en cuenta medicamentos y patologías prevalentes y los factores técnico-científicos de divergencia entre los prestadores de servicios. Conclusión: Un programa de formación continua sobre interpretación y valoración de la evidencia científica para la toma de decisiones en salud, permitiría a estos especialistas responder con mejor criterio si un medicamento es el tratamiento más beneficioso para un paciente debido a sus problemas de salud.

Introdução: A judicialização do direito à saúde envolve diferentes atores e pode promover mudanças nos programas de educação continuada; porque a tendência atual é recorrer a esta via para ter acesso a medicamentos de baixa frequência e alto custo. Além disso, na Costa Rica, o Tribunal Constitucional solicita critérios técnicos aos médicos forenses. Objetivo: Levantar a necessidade de atualização contínua em conhecimentos acadêmicos teórico-práticos específicos que o médico forense necessita para garantir o direito aos serviços de saúde. Reflexão: O médico forense tem formação baseada em evidências e sua formação continuada é incentivada, porém é necessário o compromisso com programas de educação médica continuada: em estratégias de busca bibliográfica, avaliação crítica das evidências encontradas e prática acadêmica que incorpore as circunstâncias particulares , comparando-o com resultados de estudos científicos; levando em consideração medicamentos e patologias prevalentes e fatores técnico-científicos de divergência entre prestadores de serviços. Conclusão: Um programa de formação contínua sobre interpretação e avaliação de evidências científicas para a tomada de decisões em saúde, permitiria a estes especialistas responder com melhores critérios se um medicamento é o tratamento mais benéfico para um paciente devido aos seus problemas de saúde.

The COVID-19 Pandemic as a Tipping Point: What Future for the Right to Health?

"Building back better" post-pandemic, as advocated by the Organisation for Economic Co-operation and Development, could advance the realization of health as a human right. However, the COVID-19 pandemic is more likely to represent a tipping point into a new and even more unequal normal, nationally and internationally, that represents a hostile environment for building back better. This paper begins with a brief explanation of the tipping point concept. It goes on to describe the mechanisms by which the pandemic and many responses to it have increased inequality, and then identifies three political dynamics that are inimical to realizing health as a human right even in formal democracies, two of them material (related to the unequal distribution of resources within societies and in the global economy) and one ideational (the continued hegemony of neoliberal ideas about the proper limits of public policy). Observations about the unequal future and what it means for health conclude the paper.