Interpreting International Humanitarian Law to Guarantee Abortion and Other Sexual and Reproductive Health Services in Armed Conflict.

The provision of basic sexual and reproductive health services in humanitarian settings, including armed conflict, is extremely limited, causing preventable mortalities and morbidities and violating human rights. Over 50% of all maternal deaths occur in humanitarian and fragile settings. International humanitarian law falls short in guaranteeing access to the full range of sexual and reproductive health information and services for all persons. Guaranteeing access to sexual and reproductive health services under international humanitarian law can increase access to services, improving the health and well-being of civilians in conflict zones. This paper sets forth ways in which international human rights law on sexual and reproductive health and rights should be incorporated into the forthcoming International Committee of the Red Cross Commentary on Geneva Convention IV, regarding the protection of civilians, to ensure services in the context of armed conflict.

Wars in Gaza and Beyond: Why Protecting the Sacredness of Health Matters.

This Viewpoint discusses the importance of safeguarding health access in times armed conflict worldwide and the need to bolster compliance with international humanitarian law.

Assessing the Human Rights Framework on Private Health Care Actors and Economic Inequality.

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.

Decolonization of Global Health Law: Lessons from International Environmental Law.

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.

Equity in the Pandemic Treaty: Access and Benefit-Sharing as a Policy Device or a Rhetorical Device?

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).

The Impact of the Implementation of International Law on Marine Environmental Protection on International Public Health Driven by Multi-Source Network Comment Mining.

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.

Transcending the Gender Binary under International Law: Advancing Health-Related Human Rights for Trans* Populations.

Despite a recent wave in global recognition of the rights of transgender and gender-diverse populations, referred to in this text by the umbrella label of trans*, international law continues to presume a cisgender binary definition of gender - dismissing the lived realities of trans* individuals throughout the world. This gap in international legal recognition and protection has fundamental implications for health, where trans* persons have been and continue to be subjected to widespread discrimination in health care, longstanding neglect of health needs, and significant violations of bodily autonomy.

The impact of mandatory waiting periods on abortion-related outcomes: a synthesis of legal and health evidence.

This review follows an established methodology for integrating human rights to address knowledge gaps related to the health and non-health outcomes of mandatory waiting periods (MWPs) for access to abortion. MWP is a requirement imposed by law, policy, or practice, to wait a specified amount of time between requesting and receiving abortion care. Recognizing that MWPs "demean[] women as competent decision-makers", the World Health Organization recommends against MWPs. International human rights bodies have similarly encouraged states to repeal and not to introduce MWPs, which they recognize as operating as barriers to accessing sexual and reproductive healthcare. This review of 34 studies published between 2010 and 2021, together with international human rights law, establishes the health and non-health harms of MWPs for people seeking abortion, including delayed abortion, opportunity costs, and disproportionate impact. Impacts on abortion providers include increased workloads and system costs.

Chapitre 2. El papel de las organizaciones internacionales: objetivos de desarrollo sostenible y cuestiones de responsabilidad global.

The objective of this article is first of all to identify the role that international organizations and especially the United Nations have played in the elaboration and the implementation of sustainable development strategies. Secondly, based on the assessment of the prevalence of the environmental aspect in the implementation of sustainable development policies, this paper discusses the existing difficulties in establishing global governance in this area and the mechanisms that could provide effective responses in the field of international environmental law.

Sovereignty, sanctions, and data sharing under international law.

Pathogen samples and scientific data are bargaining chips in a global argument about who gets what in a pandemic.

Dinámicas y tensiones entre los fines retributivos y los fines restaurativos de la pena en el modelo de justicia transicional colombiano. Un análisis desde el Acuerdo Final de paz de 2016 / Dynamics and tensions between the retributive and restorative purposes of punishment in the Colombian transitional justice model. An analysis from the 2016 Final Peace Agreement / Dinâmica e tensões entre os propósitos retributivos e restaurativos de punição no modelo de justiça transicional colombiano. Uma análise do Acordo Final de Paz de 2016

El 24 de noviembre del 2016 se firmó en Bogotá el Acuerdo final para la terminación del conflicto y la construcción de una paz estable y duradera, por el gobierno colombiano y la guerrilla de las Farc-EP. Este acuerdo creó la Jurisdicción Especial para la Paz (JEP) como parte central de un sistema de justicia transicional que privilegia la restauración frente a la retribución tradicional. Asimismo, estableció las sanciones que pueden ser impuestas a los responsables de delitos cometidos en el marco del conflicto armado colombiano y que no implican necesariamente la cárcel, lo que ha dado lugar a un abierto debate social y político. Aquí se analiza la concepción tradicional y los fines de la pena en el Derecho Penal para establecer sus diferencias con las sanciones y fines de la justicia transicional colombiana. Se concluye que este modelo trasciende los límites del Derecho Penal retributivo y ha sido desarrollado por una legislación que respeta la Constitución y los estándares del Derecho Internacional y de los derechos humanos, al tiempo que contribuye al logro de una paz con justicia en Colombia.

On November 24, 2016, the Final Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace, was signed in Bogota by the Colombian government and the Farc-EP (Fuerzas Armadas Revolucionarias de Colombia-Ejército del Pueblo) guerrillas. This Final Agreement created a SPJ or Special Peace Jurisdiction (J.E.P.), and a transitional justice system that privileges restoration over traditional retribution. It also established the sanctions that can be imposed on those responsible for crimes committed in the context of the Colombian armed conflict, and which do not necessarily involve prison, which has given rise to an open social and political debate. This paper analyses the traditional conception and the purposes of punishment in criminal law to establish its differences with the sanctions and purposes of Colombian transitional justice. It is concluded that this model transcends the limits of retributive criminal law and has been developed by legislation that respects the Constitution and the standards of international law and human rights, while contributing to the achievement of peace with justice in Colombia.

Em 24 de novembro de 2016, o Acordo Final para o Término do Conflito e a Construção de uma Paz Estável e Duradoura foi assinado em Bogotá pelo governo colombiano e pelos guerrilheiros das FARC-EP. Este acordo criou a Jurisdição Especial para a Paz (JEP) como parte central de um sistema de justiça de transição que privilegia a restauração em detrimento da retribuição tradicional. Também estabeleceu as sanções que podem ser impostas aos responsáveis por crimes cometidos no contexto do conflito armado colombiano e que não necessariamente envolvem a prisão, o que deu origem a um debate social e político aberto. Aqui analisamos a concepção tradicional e os objetivos da punição no direito penal a fim de estabelecer como ela difere das sanções e dos objetivos da justiça transicional colombiana. Conclui-se que este modelo transcende os limites do direito penal retributivo e foi desenvolvido por uma legislação que respeita a Constituição e as normas do direito internacional e dos direitos humanos, ao mesmo tempo em que contribui para a conquista da paz com justiça na Colômbia.

Access to Maternal Health Care for Indigenous Australians under International Law.

Health disparities for Indigenous Australians when compared to non-Indigenous Australians are a consequence of colonial policies which have applied a Westernised biomedical view on health, often ignoring the spiritual and cultural aspects that are crucial to Indigenous health. This disparity has also manifested in maternal health care for Indigenous women, which leads to poorer health outcomes for women and their babies. This article reveals that there are many areas of current Australian legislation and policy which violate Australia's obligations under international law in the right to health. There are inherent power structures that are contained within judgments of law and policy which have dominated the development of international law and domestic law as it relates to vulnerable groups. Finally, a better engagement in bi-cultural partnerships in policy and cultural competency training can better the health outcomes in maternal health care.

MECHANISM OF STATE REGULATION OF MEDICAL RESPONSE TO EMERGENCIES AS AN ELEMENT OF THE CIVIL PROTECTION SYSTEM.

OBJECTIVE: The aim: Conducting a comprehensive analysis on ensuring the mechanism of state regulation of the development of medical emergency response as an element of the civil protection system of Ukraine in the context of dynamic changes of external and internal factors of its functioning. PATIENTS AND METHODS: Materials and methods: The data of the state statistical reporting for the period 2010-2019 and the legislative acts of Ukraine on medical emergency response were used as the materials of study. Bibiliosemantic and statistical method and the method of structural-and-logical analysis were applied in the course of study. CONCLUSION: Conclusions: The sustainable socio-economic development of Ukraine should be accompanied by the formation of a safe environment for the society and each individual, guaranteeing an acceptable level of risk and a modern security system based on the principles of international law. The high degree of the Ukrainian industry concentration is currently in a conflict with the low technological discipline of production, which creates objective preconditions for the growth of man-made and technologically-environmental disasters, catastrophes, and other emergencies. Outbreaks of particularly dangerous and infectious diseases, which are of concern not only because of their prevalence but also because of the potential danger to the health of the nation, its economy and international reputation of the state can pose a significant threat to the socio-political and socioeconomic stability of the state. Ukraine is a potentially vulnerable area for epidemics due to a number of natural, geographical and geopolitical factors. Therefore, the health consequences (real and potential) of any emergency are certainly a threat to the national security of Ukraine both directly and due to the extremely negative impact on the socio-economic, socio-political and psychological conditions of the population. Increasing the level of public administration for medical emergency response will increase the effectiveness of emergency response measures.

The role of intellectual property rights on access to medicines in the WHO African region: 25 years after the TRIPS agreement.

BACKGROUND: It is now 25 years since the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the same concerns raised during its negotiations such as high prices of medicines, market exclusivity and delayed market entry for generics remain relevant as highlighted recently by the Ebola and COVID-19 pandemics. The World Health Organization's (WHO) mandate to work on the interface between intellectual property, innovation and access to medicine has been continually reinforced and extended to include providing support to countries on the implementation of TRIPS flexibilities in collaboration with stakeholders. This study analyses the role of intellectual property on access to medicines in the African Region. METHODS: We analyze patent data from the African Regional Intellectual Property Organization (ARIPO) and Organisation Africaine de la Propriété Intellectuelle (OAPI) to provide a situational analysis of patenting activity and trends. We also review legislation to assess how TRIPS flexibilities are implemented in countries. RESULTS: Patenting was low for African countries. Only South Africa and Cameroon appeared in the list of top ten originator countries for ARIPO and OAPI respectively. Main diseases covered by African patents were HIV/AIDS, cardiovascular diseases, cancers and tumors. Majority countries have legislation allowing for compulsory licensing and parallel importation of medicines, while the least legislated flexibilities were explicit exemption of pharmaceutical products from patentable subject matter, new or second use of patented pharmaceutical products, imposition of limits to patent term extension and test data protection. Thirty-nine countries have applied TRIPS flexibilities, with the most common being compulsory licensing and least developed country transition provisions. CONCLUSIONS: Opportunities exist for WHO to work with ARIPO and OAPI to support countries in reviewing their legislation to be more responsive to public health needs.

THE INVALIDITY OF CONTRACTS IN THE FIELD OF MEDICAL SERVICES AS A WAY TO PROTECT THE RIGHTS OF THE PATIENT.

OBJECTIVE: The aim of this article is to reveal the essential features of contracts providing medical services. The author also focused on the grounds for the invalidity of such contracts - entering into medical services contract without license or permission, prohibition of some medical services or methods of treatment, the imposing of unnecessary medical services, a contradiction to corporate regulations, fraud. A significant part of the work is devoted to the consequences of the invalidity of the contract - the restitution of the money received under the contract and compensation of harm. PATIENTS AND METHODS: Materials and methods: The study is based on the statutory acts of European Union countries, the USA, and others. The author also uses acts of international law in the field of medical services and cases of court practice. CONCLUSION: Conclusions: Although the invalidity of contracts in the field of medical services is not one of the most common ways to protect a patient's rights, it is in many cases essential to the reliable delivery of medical services. The patient has the right to initiate a legal dispute regarding the invalidity of the contract. The restitution of the money paid by the patient, as well as compensation for the harm caused, can be applied not only within the framework of tort law but also under the responsibility for the breach of the contract.

Challenges to sovereign ambitions: forces of convergence and divergence within the global pharmaceutical sector and the UK's withdrawal from the European Union.

This paper maps key regulatory, governance and legal challenges associated with the UK's withdrawal from the European Union (EU) in terms of convergent and divergent pressures within the global pharmaceutical sector. These include (i) convergent regulatory pressures associated with the European framework for pre-market licensing; (ii) convergent and divergent industry pressures with regard to drug discovery and manufacturing; and (iii) divergent and convergent market pressures associated with the supply, pricing and assessment of medicines. The UK's sovereign ambitions risk a loss of influence over the licensing and surveillance of pharmaceuticals under convergent regulatory and industry pressures to engage in unilateral participation in the European regime. Further, they also risk a loss of influence over processes for pricing and assessing the effectiveness of new treatment regimens under divergent market pressures from larger pharmaceutical markets outside the EU, notably the United States.

Indigenous ontology, international law and the application of the Convention to the over-representation of Indigenous children in out of home care in Canada and Australia.

This paper explores the efficacy of the United Nations Convention on the Rights of the Child (Convention, UN General Assembly, 1989) through the lens of the over-representation of First Nations children placed in out-of-home care in Canada and Aboriginal and Torres Strait Islander children in Australia. A general overview of Indigenous worldviews frames a discussion on the coherence of international human rights law and instruments, including the Convention, account for Indigenous Peoples' ontologies. The authors argue that the United Nations Declaration on the Rights of Indigenous Peoples (UN General Assembly, 2007) and a new theoretical framework published by the Pan American Health Organization (2019) on health equity and inequity are useful tools to augment the Convention's coherence with Indigenous ontologies. The paper discusses how the Convention can be applied to structural and systemic risks driving the over-representation of First Nations and Aboriginal and Torres Strait Islander children in out of home care in Canada and Australia. These two countries are included as First Nations and Aboriginal and Torres Strait Islander peoples in these countries have both had significant impact in advocating for their children despite experiencing similar barriers including contemporary colonialism. The advocacy work of the First Nations Child and Family Caring Society in Canada and the Victorian Aboriginal Child Care Agency in Victoria, Australia are discussed. The paper ends by outlining some of the challenges ahead that include the need to meaningfully recognize Indigenous self-determination and equitable funding and resources to enable the actualization of self-determination. Further research contrasting international human rights instruments with Indigenous ontologies could help inform possible amendments to international human rights treaties and general comments.