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2.
Eur J Health Law ; 28(1): 81-101, 2021 01 04.
Article in English | MEDLINE | ID: mdl-33652383

ABSTRACT

This article reflects on COVID-19 restrictions imposed on elders in Ireland through the lens of the right to private and family life (Article 8 ECHR), focusing on stay at home orders and recommendations advising elders to avoid social contact. Furthermore, we examine restrictions on visiting nursing homes given the high death toll in that setting. In our analysis, we zero in on the principles of foreseeability and proportionality, highlighting areas of concern and aspects that we submit should be considered in a proportionality assessment. Ultimately, we argue that it is a mistake to view the COVID-19 pandemic solely as an emergency. In this manner, the solutions suggested through the law - restrictions on movement and visitation bans - are too narrow and fail to address the underlying structures, such as, issues in the healthcare system, the limited home help for elderly and poor conditions in nursing homes.


Subject(s)
COVID-19/prevention & control , Disease Outbreaks/legislation & jurisprudence , Family , Patient Isolation/legislation & jurisprudence , Privacy , Visitors to Patients/legislation & jurisprudence , Aged , Freedom of Movement/legislation & jurisprudence , Homes for the Aged/standards , Humans , Ireland/epidemiology , Nursing Homes/standards
3.
J Health Polit Policy Law ; 46(1): 147-175, 2021 02 01.
Article in English | MEDLINE | ID: mdl-33085963

ABSTRACT

The effect of EU policy and its legal framework on health care in CEE member states has been complex. In relation to health care access and financial sustainability, it has been detrimental in certain parts of CEE. This has primarily been the result of economic/fiscal governance instruments of the EU and free-movement rules facilitating outflows of health care professionals. Although there has been a general improvement in access to health care since accession to the EU, the instruments the EU has used to handle the economic crisis have somewhat offset this improvement. Additionally, outflow of health care professionals has resulted in retention strategies such as salary increases and investments in medical infrastructure in some CEE member states, increasing the standard of health care. Still, differences between East and West in terms of important health indicators continue to exist, and EU instruments aimed at compensating this generally lack power to provide meaningful solutions. It seems more solidarity between member states is the only way to increase legitimacy of the European integration in CEE member states and thus prevent them from feeling as outsiders within the EU. Without such a development, CEE countries will continue to lag behind other parts of the Union.


Subject(s)
Economics , European Union , Health Policy , Health Resources/standards , Health Services Accessibility/economics , Economic Recession , Europe, Eastern , Freedom of Movement/legislation & jurisprudence , Health Personnel/legislation & jurisprudence , Humans
4.
Acta sci., Health sci ; 42: e44453, 2020.
Article in English | LILACS | ID: biblio-1370880

ABSTRACT

The rights of children and adolescents are provided by law and it is the duty of the State, family and society to care for them. Health and education professionals are responsible for reporting suspected or confirmed cases of rights violation. This study aimed to investigate the prevalence and qualification of violation of children's and adolescents' rights in the State of Paraná between 2009 and 2014. A descriptive and observational quantitative study was carried out based on the records of the Child Protective Services in Paraná, accessed through the Information System for Childhood and Adolescence (SIPIA). A total of 129.123 violations of rights were found. Among those cases, the right to familiar and communitarian companionship stands out with the greatest number of violations, followed by the right to education, culture, sports and leisure. Mothers were found to be the main aggressors, followed by fathers, and sexual violence/abuse was the most prevalent type of violence. In conclusion, there was a significant amount of violation of children's and adolescents' rights in the State of Paraná during the period covered by this research, and it has increased over the years. Besides, we found out that there is a predisposition of gender and age group for each variable analyzed.


Subject(s)
Humans , Male , Female , Child Advocacy/legislation & jurisprudence , Prevalence , Human Rights/legislation & jurisprudence , Violence/legislation & jurisprudence , Child Abuse, Sexual/statistics & numerical data , Child , Records/statistics & numerical data , Adolescent/legislation & jurisprudence , Civil Rights/legislation & jurisprudence , Parenting , Value of Life , Health Law , Notification/statistics & numerical data , Freedom of Movement/legislation & jurisprudence
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