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1.
J Am Acad Psychiatry Law ; 52(2): 186-195, 2024 Jun 04.
Article En | MEDLINE | ID: mdl-38834363

The care and housing of transgender (TGD) incarcerated persons is a complex concern that is growing because of the increased recognition and diagnosis of gender dysphoria in society. To remain current in this evolving landscape, there have been updates to federal manuals and state guidelines regarding the medical care and housing of the TGD population. Since the publication by Glezer and colleagues in 2013, there has not been a comprehensive overview of current federal and state guidelines, and legal and other considerations on this topic. We provide an update with special consideration given to housing practices, safety, and access to care. A review of the literature shows that the World Professional Association for Transgender Health (WPATH) standards and Prison Rape Elimination Act (PREA) requirements are not uniformly implemented and enforced on a state level. In fact, some states have policies that are in direct conflict with federal requirements. The safety and equitable treatment of both TGD and cisgender populations is an important topic that merits attention. As new challenges emerge, an increase in federal enforcement and consistency is needed to ensure the humane treatment and protection of TGD inmates.


Housing , Prisoners , Transgender Persons , Humans , Transgender Persons/legislation & jurisprudence , Prisoners/psychology , United States , Housing/legislation & jurisprudence , Male , Health Services Accessibility/legislation & jurisprudence , Female
3.
Pediatr Ann ; 53(5): e183-e188, 2024 May.
Article En | MEDLINE | ID: mdl-38700918

Many children in immigrant families may qualify for legal protection-for themselves if unaccompanied, or as a derivative on parents' claims-on humanitarian grounds related to persecution or forced migration. Pediatric providers can offer a spectrum of multidirectional medical-legal supports to increase access to medical-legal services and support children who are undocumented or in mixed-status families. These activities can include providing trusted information, incorporating screening for health-related social needs, establishing networks for multidirectional referrals, and providing letters of support for legal protection. To expand workforce capacity for medical-legal services related to immigration, pediatric providers can also receive training to conduct specialized, trauma-informed forensic evaluations and can advocate at individual, local, state, federal, and global levels to address factors leading to persecution and forced migration while supporting individuals who may be eligible for legal protection. [Pediatr Ann. 2024;53(5):e183-e188.].


Altruism , Humans , Child , Relief Work/legislation & jurisprudence , United States , Refugees/legislation & jurisprudence , Health Services Accessibility/legislation & jurisprudence , Emigrants and Immigrants/legislation & jurisprudence , Pediatrics/legislation & jurisprudence , Undocumented Immigrants/legislation & jurisprudence
4.
Health Aff (Millwood) ; 43(5): 682-690, 2024 May.
Article En | MEDLINE | ID: mdl-38709960

Women who are pregnant or recently gave birth are significantly more likely to be killed by an intimate partner than nonpregnant, nonpostpartum women of reproductive age, implicating the risk of fatal violence conferred by pregnancy itself. The rapidly increasing passage of state legislation has restricted or banned access to abortion care across the US. We used the most recent and only source of population-based data to examine the association between state laws that restrict access to abortion and trends in intimate partner violence-related homicide among women and girls ages 10-44 during the period 2014-20. Using robust difference-in-differences ecologic modeling, we found that enforcement of each additional Targeted Regulation of Abortion Providers (TRAP) law was associated with a 3.4 percent increase in the rate of intimate partner violence-related homicide in this population. We estimated that 24.3 intimate partner violence-related homicides of women and girls ages 10-44 were associated with TRAP laws implemented in the states and years included in this analysis. Assessment of policies that restrict access to abortion should consider their potential harm to reproductive-age women through the risk for violent death.


Abortion, Induced , Homicide , Intimate Partner Violence , Humans , Female , Intimate Partner Violence/statistics & numerical data , Intimate Partner Violence/legislation & jurisprudence , Homicide/statistics & numerical data , Homicide/legislation & jurisprudence , United States , Adolescent , Pregnancy , Adult , Abortion, Induced/legislation & jurisprudence , Abortion, Induced/statistics & numerical data , Child , Young Adult , State Government , Health Services Accessibility/legislation & jurisprudence , Abortion, Legal/legislation & jurisprudence , Abortion, Legal/statistics & numerical data
5.
Clin Ter ; 175(3): 163-167, 2024.
Article En | MEDLINE | ID: mdl-38767073

Abstract: The law (No.40/2004) stipulates that consent to Medically Assisted Procreation (MAP) remains irrevocable post ovum fertilization. Cryo-preservation introduces complexities, enabling embryo implantation requests after a couple's separation and the dissolution of the original parenthood plan. Constitutional Court Ruling No.161 in 2023 affirmed that the prohibition of revoking consent to MAP aligns with the Italian Constitution and the jurisprudence of the European Court of Human Rights. This delicate equilibrium of conflicting interests upholds human freedom, allowing consent revocation prior to ovocyte fertilization. Permitting revocation until implantation could inflict more significant harm: the infertile woman can in fact miss the opportunity to become a mother, impacting her psychophysical well-being and freedom of self-determination. Moreover, the embryo loses the chance to live, remaining in cryopreservation, which violates its dignity. Addressing this issue requires thorough communication by medical profession-als to inform couples about the limitations on consent revocation. An element of objectivity in terms of standards and evidence-based guidelines, from which norms must originate, is of utmost importance. Relying on broadly shared rules, especially at the international level, is vital in light of the unremitting scientific advances in MAP, as in other areas of medicine, which will open up new opportunities for which current legal/regulatory frameworks are inadequate.


Reproductive Techniques, Assisted , Humans , Reproductive Techniques, Assisted/legislation & jurisprudence , Reproductive Techniques, Assisted/ethics , Italy , Female , Male , Health Services Accessibility/legislation & jurisprudence , Cryopreservation , Parental Consent/legislation & jurisprudence , Informed Consent/legislation & jurisprudence
6.
J Law Med ; 31(1): 42-69, 2024 May.
Article En | MEDLINE | ID: mdl-38761389

People are sent to prison as punishment and not to experience additional punishment. Nevertheless, this principle is habitually violated in Australia: prisoners frequently receive health care that is inferior to health care that is available in the general community. Numerous official inquiries have identified deficiencies in prisoner health services, notwithstanding the apparent intention of legislative provisions and non-statutory guidelines and policies in various jurisdictions to ensure prisoners receive appropriate health care. This article proposes law reforms to address this human rights crisis. It recommends the passage of uniform legislation in all Australian jurisdictions that stipulates minimum prison health care service standards, as well as mechanisms for ensuring they are implemented. The article also suggests that, in the short-term, until prison health care is significantly improved, substandard health care for prisoners should be treated as a potentially mitigating sentencing factor that can reduce the length of a defendant's prison term.


Human Rights , Prisoners , Humans , Prisoners/legislation & jurisprudence , Australia , Human Rights/legislation & jurisprudence , Prisons/legislation & jurisprudence , Delivery of Health Care/legislation & jurisprudence , Health Services Accessibility/legislation & jurisprudence
7.
J Law Med ; 31(1): 185-200, 2024 May.
Article En | MEDLINE | ID: mdl-38761396

The realisation of the right to health is vulnerable to the interventions of strangers, acting on the belief that certain health care should not be permissible under the law or accessible in practice. In Australia, the key arena for such interventions has been abortion services. Drawing on empirical research undertaken by the authors, this article examines the impact of these interventions and the effectiveness of "safe access zone" laws that now operate nationwide to constrain them. After examining the unsuccessful constitutional challenge to these laws in the High Court of Australia, it considers whether safe access zones may have utility in other health care contexts.


Health Services Accessibility , Australia , Humans , Health Services Accessibility/legislation & jurisprudence , Health Care Reform/legislation & jurisprudence , Female , Pregnancy , Right to Health/legislation & jurisprudence , Abortion, Induced/legislation & jurisprudence
8.
J Law Med Ethics ; 52(1): 172-177, 2024.
Article En | MEDLINE | ID: mdl-38818589

A deluge of state "anti-equity" legislative bills seek to reverse prevailing trends in diversity, equity, and inclusion; withdraw protections of LGBTQ+ communities; and deny access to gender-based care for trans minors and adults. While the political and constitutional fate of these acts is undetermined, profound impacts on patients and their providers are already affecting the delivery of health care and public health services.


Public Health , Humans , United States , Public Health/legislation & jurisprudence , Health Services Accessibility/legislation & jurisprudence , Sexual and Gender Minorities/legislation & jurisprudence , Delivery of Health Care/legislation & jurisprudence , Health Equity/legislation & jurisprudence , Male , Female , Transgender Persons/legislation & jurisprudence
9.
J Law Med Ethics ; 52(1): 136-147, 2024.
Article En | MEDLINE | ID: mdl-38818599

Medical legal partnerships address individual legal needs that can create impediments to health. Little is known about outcomes from medical legal partnerships and their relationship to access to justice. This paper reports outcomes from one medical legal partnership from the perspective of the client, with specific emphasis on impact on health and concepts related to access to justice. We suggest a conceptual model for incorporating medical legal partnerships into a broader framework about access to justice.


Parents , Humans , Qualitative Research , Interviews as Topic , Female , Child , Male , Social Justice , Health Services Accessibility/legislation & jurisprudence
10.
JAMA Netw Open ; 7(5): e2413847, 2024 May 01.
Article En | MEDLINE | ID: mdl-38809551

Importance: The Supreme Court decision Dobbs v Jackson Women's Health Organization (Dobbs) overturned federal protections to abortion care and altered the reproductive health care landscape. Thus far, aggregated state-level data reveal increases in the number of abortions in states where abortion is still legal, but there is limited information on delays to care and changes in the characteristics of people accessing abortion in these states after Dobbs. Objective: To examine changes in abortion provision and delays to care after Dobbs. Design, Setting, and Participants: Retrospective cohort study of all abortions performed at an independent, high-volume reproductive health care clinic network in Washington state from January 1, 2017, to July 31, 2023. Using an interrupted time series, the study assessed changes in abortion care after Dobbs. Exposure: Abortion care obtained after (June 24, 2022, to July 31, 2023) vs before (January 1, 2017, to June 23, 2022) Dobbs. Main Outcome and Measure: Primary outcomes included weekly number of abortions and out-of-state patients and weekly average of gestational duration (days) and time to appointment (days). Results: Among the 18 379 abortions during the study period, most were procedural (13 192 abortions [72%]) and funded by public insurance (11 412 abortions [62%]). The mean (SD) age of individuals receiving abortion care was 28.5 (6.44) years. Following Dobbs, the number of procedural abortions per week increased by 6.35 (95% CI, 2.83-9.86), but then trended back toward pre-Dobbs levels. The number of out-of-state patients per week increased by 2 (95% CI, 1.1-3.6) and trends remained stable. The average gestational duration per week increased by 6.9 (95% CI, 3.6-10.2) days following Dobbs, primarily due to increased gestations of procedural abortions. The average gestational duration among out-of-state patients did not change following Dobbs, but it did increase by 6 days for in-state patients (5.9; 95% CI, 3.2-8.6 days). There were no significant changes in time to appointment. Conclusions and Relevance: These findings provide a detailed picture of changes in abortion provision and delays to care after Dobbs in a state bordering a total ban state. In this study, more people traveled from out of state to receive care and in-state patients sought care a week later in gestation. These findings can inform interventions and policies to improve access for all seeking abortion care.


Abortion, Induced , Health Services Accessibility , Humans , Washington , Female , Retrospective Studies , Adult , Pregnancy , Abortion, Induced/legislation & jurisprudence , Abortion, Induced/statistics & numerical data , Health Services Accessibility/statistics & numerical data , Health Services Accessibility/legislation & jurisprudence , Ambulatory Care Facilities/statistics & numerical data , Abortion, Legal/legislation & jurisprudence , Abortion, Legal/statistics & numerical data , Young Adult , Time-to-Treatment/statistics & numerical data , Adolescent
12.
Sex Reprod Health Matters ; 32(1): 2336770, 2024 Dec.
Article En | MEDLINE | ID: mdl-38647261

Access to sexual health services and information is critical to achieving the highest attainable standard of sexual health, and enabling legal environments are key to advancing progress in this area. In determining overall alignment with human rights standards to respect, protect, and fulfil sexual health-related rights without discrimination, there are many aspects of laws, including their specificity and content, which impact which sexual health services and information are availed, which are restricted, and for whom. To understand the nature of existing legal provisions surrounding access to sexual health services and information, we analysed the content of 40 laws in English, French, and Spanish from 18 countries for the specific sexual health services and information to which access is ensured or prohibited, and the non-discrimination provisions within these laws. Overall, there was wide variation across countries in the types of laws covering these services and the types and number of services and information ensured. Some countries covered different services through multiple laws, and most of the laws dedicated specifically to sexual health addressed only a narrow aspect of sexual health and covered a small range of services. The protected characteristics in non-discrimination provisions and the specificity of these provisions with regard to sexual health services also varied. Findings may inform national legal and policy dialogues around sexual health to identify opportunities for positive change, as well as to guide further investigation to understand the relationship between such legal provisions, the implementation of these laws within countries, and relevant sexual health outcomes.


Access to sexual health services and information is important to being able to have good sexual health. Laws are relevant because what they include and how specific they are affects what types of sexual health services people can access, what types of services are illegal, and whether or not all people can access services equally. We reviewed 40 laws in English, French, and Spanish from 18 countries to understand how many and which sexual health services and information countries ensure in their laws, which sexual health services are illegal, and which people are protected from discrimination in accessing these services. We found that countries use many different types of laws to ensure access to sexual health services or information, and most countries do not cover the same types or number of sexual health services. There are also differences in which people are specifically protected from discrimination in the laws we reviewed. These findings are important because they may help countries identify ways that access to sexual health services and information could be improved so as to improve people's sexual health. They may also guide future research.


Health Services Accessibility , Sexual Health , Humans , Health Services Accessibility/legislation & jurisprudence , Sexual Health/legislation & jurisprudence , Reproductive Health Services/legislation & jurisprudence , Human Rights/legislation & jurisprudence , Access to Information/legislation & jurisprudence
13.
Article En | MEDLINE | ID: mdl-38563076

Cambodia has experienced exponential economic growth in recent years and is expected to graduate from least developed country (LDC) status within the next decade. Membership of the World Trade Organization (WTO) will require Cambodia to grant product and process patents for pharmaceuticals upon LDC graduation. This study aims to measure the impact of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on the price of HIV and hepatitis C medicine in Cambodia once it graduates from LDC status and is obliged to make patents available for pharmaceutical products and processes. Using scenarios based on likely outcomes of accession to the TRIPS Agreement, it measures the impact on the price of the HIV treatment program and compares that impact with the hepatitis C treatment program. Graduation from LDC status would be expected to result in a modest increase in the cost of the antiretroviral (ARV) treatment program and very large increases in the cost of the direct acting antivirals (DAA) treatment program. If annual treatment budgets remain constant, patent protection could see 1,515 fewer people living with HIV able to access ARV treatment and 2,577 fewer people able to access DAA treatment (a drop in treatment coverage of 93%).


HIV Infections , Health Services Accessibility , Hepatitis C , Intellectual Property , Cambodia/epidemiology , Humans , Hepatitis C/drug therapy , Hepatitis C/epidemiology , HIV Infections/drug therapy , HIV Infections/epidemiology , Health Services Accessibility/legislation & jurisprudence , Health Services Accessibility/statistics & numerical data , Patents as Topic/legislation & jurisprudence , Developing Countries/economics , Antiviral Agents/therapeutic use , Antiviral Agents/supply & distribution , Antiviral Agents/economics , International Cooperation/legislation & jurisprudence , Anti-HIV Agents/therapeutic use , Anti-HIV Agents/economics , Drug Costs
14.
Med Law Rev ; 32(2): 229-247, 2024 May 28.
Article En | MEDLINE | ID: mdl-38604662

How are we to understand and research health law under devolution in the UK? Building on work in law and geography, we argue that the figure of the border is key to the production and implementation of devolved health law and the variety of forms that this takes. The utility of border thinking in this context is shown through a review of thematic areas, including infectious disease control, access to health care, and abortion, each instantiating a distinct bordering process. In each, we consider recent developments in policy and legislation, framed with reference to constitutional change, and the politics of devolution in the UK. Taking Wales as an exemplary site, we argue that health law produces borders in traditional and non-traditional places. It creates and blurs territories. It is equally constituted by pluralistic bordering practices. On the basis of this theoretically informed review, we conclude by proposing a cross-disciplinary legal, ethical, and socio-legal research agenda for future research.


Health Services Accessibility , United Kingdom , Humans , Health Services Accessibility/legislation & jurisprudence , Communicable Disease Control/legislation & jurisprudence , Wales , Politics , Health Policy/legislation & jurisprudence , Abortion, Induced/legislation & jurisprudence
16.
Bull World Health Organ ; 102(5): 307-313, 2024 May 01.
Article En | MEDLINE | ID: mdl-38680460

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.


Right to Health , World Health Organization , Humans , Health Services Accessibility/legislation & jurisprudence , Global Health , Human Rights/legislation & jurisprudence , Health Policy
17.
JAMA ; 331(18): 1558-1564, 2024 05 14.
Article En | MEDLINE | ID: mdl-38526865

Importance: The Supreme Court decision in Dobbs v Jackson Women's Health Organization overturned the right to choose abortion in the US, with at least 16 states subsequently implementing abortion bans or 6-week gestational limits. Prior research indicates that in the 6 months following Dobbs, approximately 32 360 fewer abortions were provided within the US formal health care setting. However, trends in the provision of medications for self-managed abortion outside the formal health care setting have not been studied. Objective: To determine whether the provision of medications for self-managed abortion outside the formal health care setting increased in the 6 months after Dobbs. Design, Setting, and Participants: Cross-sectional study using data from sources that provided abortion medications outside the formal health care setting to people in the US between March 1 and December 31, 2022, including online telemedicine organizations, community networks, and online vendors. Using a hierarchical bayesian model, we imputed missing values from sources not providing data. We estimated the change in provision of medications for self-managed abortion after the Dobbs decision. We then estimated actual use of these medications by accounting for the possibility that not all provided medications are used by recipients. Exposure: Abortion restrictions following the Dobbs decision. Main Outcomes and Measures: Provision and use of medications for a self-managed abortion. Results: In the 6-month post-Dobbs period (July 1 to December 31, 2022), the total number of provisions of medications for self-managed abortion increased by 27 838 (95% credible interval [CrI], 26 374-29 175) vs what would have been expected based on pre-Dobbs levels. Excluding imputed data changes the results only slightly (27 145; 95% CrI, 25 747-28 246). Accounting for nonuse of medications, actual self-managed medication abortions increased by an estimated 26 055 (95% CrI, 24 739-27 245) vs what would have been expected had the Dobbs decision not occurred. Conclusions and Relevance: Provision of medications for self-managed abortions increased in the 6 months following the Dobbs decision. Results suggest that a substantial number of abortion seekers accessed services despite the implementation of state-level bans and restrictions.


Abortifacient Agents , Abortion, Induced , Health Services Accessibility , Supreme Court Decisions , Female , Humans , Pregnancy , Abortifacient Agents/supply & distribution , Abortifacient Agents/therapeutic use , Abortion, Induced/legislation & jurisprudence , Abortion, Induced/methods , Abortion, Legal/legislation & jurisprudence , Abortion, Legal/methods , Cross-Sectional Studies , Health Services Accessibility/legislation & jurisprudence , Health Services Accessibility/statistics & numerical data , Health Services Accessibility/trends , Mifepristone/supply & distribution , Mifepristone/therapeutic use , Misoprostol/supply & distribution , Misoprostol/therapeutic use , Self Care/methods , Self Care/trends , United States/epidemiology
19.
Sante Publique ; 35(6): 53-63, 2024 02 23.
Article Fr | MEDLINE | ID: mdl-38388402

Objectives: Although access to abortion is a national priority in France, there is little documented evidence that it is actually respected. In the Grand Est region, the 2021­2023 plan for access to abortion includes a review of family planning practices and health care provision, to update the 2019 report. It raises the question of access to abortion in all its dimensions, and aims to implement improvement actions best suited to the region's problems. Method: An online questionnaire was sent to hospitals, local perinatal centers, sexual health centers, and independent professionals with presumed family planning activity. Of those who responded, only those with actual family planning activity were included. Results: The five-day deadline for the first appointment recommended by the HAS can be met by 73% of those surveyed. During pre- or post-abortion consultations, a psychosocial interview is offered to 92% of patients, and the detection of violence to 97%. Although 14 hospitals (38%) have extended their abortion access time to 16 weeks of amenorrhea, the number of facilities handling abortions beyond 13 weeks of amenorrhea has fallen since 2019. In primary care, 70% of private practitioners and 61% of sexual health centers offer abortions up to 9 weeks of amenorrhea. Conclusions: Access to abortion has weakened in the Grand Est region between 2019 and 2023. New laws and regulations could be a lever for improvement, provided that the professionals involved are given the means.


Objectifs: Si l'accès à l'IVG est une priorité nationale en France, son respect effectif n'est que peu documenté. Dans le Grand Est, le plan d'accès à l'IVG 2021-2023 inclut la réalisation d'un état des lieux des pratiques et de l'offre de soins en orthogénie, pour actualiser celui de 2019. Il pose la question de l'accès à l'IVG dans toutes ses dimensions et vise la mise en place des actions d'amélioration les plus adaptées aux problématiques de la région. Méthodes: Un questionnaire en ligne a été envoyé aux centres hospitaliers, aux centres périnataux de proximité, aux centres de santé sexuelle et aux professionnels libéraux ayant une activité d'orthogénie supposée. Parmi ceux qui y ont répondu, seuls ceux qui avaient une activité d'orthogénie effective ont été inclus. Résultats: Le délai de premier rendez-vous de cinq jours recommandés par l'HAS peut être respecté par 73 % des enquêtés. Lors des consultations pré- ou post-IVG, un entretien psychosocial est proposé à 92 % et un repérage des violences à 97 %. Bien que 14 centres hospitaliers (38 %) aient allongé leur délai d'accès à l'IVG jusqu'à 16 SA, le nombre d'établissements prenant en charge les IVG au-delà de 13 semaines d'aménorrhée a baissé depuis 2019. En médecine de ville, 70 % des professionnels libéraux et 61 % des CSS ont une offre IVG allant jusqu'à 9 SA. Conclusions: L'accès à l'IVG s'est fragilisé dans le Grand Est entre 2019 et 2023. Les nouvelles lois et réglementations pourraient être un levier d'amélioration à condition que des moyens soient donnés aux professionnels impliqués.


Abortion, Induced , Family Planning Services , Health Services Accessibility , Female , Humans , Pregnancy , Abortion, Induced/legislation & jurisprudence , Abortion, Induced/methods , Amenorrhea , Hospitals , Surveys and Questionnaires , France , Health Services Accessibility/legislation & jurisprudence
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