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1.
Torture ; 32(3): 16-30, 2022.
Artigo em Inglês | MEDLINE | ID: mdl-36519194

RESUMO

BACKGROUND: Deprivation of prisoner food, in terms of its quality and quantity, has generally been accepted as violating the prohibition of torture and related ill-treatment, particularly when combined with other factors (i.e., harmful conditions and practices). Aspects relevant to assessing when and how food provision is considered inadequate, however, remain complex and confusing. This article presents a doctrinal review which consolidates normative understandings of adequate prisoner food. METHOD: A systematic full-text search was made of international and regional normative standards, case-law and commentary in relevant databases. These were then selected based on their relevance for regulatory and explanatory specificity and pertinence to detention contexts. FINDINGS: International and regional bodies directly connect the adequacy of food to respect for dignity, freedom from torture and ill-treatment as well as the right to health - and particularly as depending on duration, quality, quantity and variety. What constitutes inadequate food remains complex as it is contingent on both material and non-material considerations, including its quality (content, nutritiousness, edibility, variety, wholesomeness), its quantity (calorie, substantiveness, balance), its preparation (hygiene, respect to the individual and community), its provision and consumption (when, how and where it is to be eaten, regularity, accessibility, warmth/cold), its socio-cultural suitability (to religious and cultural values) and its developmental suitability (for pregnant or breast-feeding mothers and children).


Assuntos
Prisioneiros , Tortura , Criança , Gravidez , Feminino , Humanos , Prisões , Direito Internacional , Fome
2.
Health Hum Rights ; 24(2): 125-140, 2022 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-36579305

RESUMO

Global disparities in access to COVID-19 vaccines have brought back into focus questions about whether the right to medicines has assumed any level of binding legality within international law. In this paper, we attempt to answer this question by considering if there is evidence of subsequent state agreement and practice to read the right to medicines into the rights to health and science protected in the International Covenant on Economic, Social and Cultural Rights. We adopt the interpretive framework in the Vienna Convention on the Law of Treaties and the International Law Commission's 2018 report to analyze the work of the United Nations Committee on Economic, Social, and Cultural Rights relevant to medicines, and its relationship to the content and voting in successive resolutions of the United Nations General Assembly. We find that these resolutions provide some evidence of state agreement that the rights to health and science, as enshrined in the International Covenant on Economic, Social and Cultural Rights, include access to affordable medicines. Yet the legal implications of this right remain highly contested, particularly when it comes to trade-related intellectual property rights. The negotiation of a pandemic treaty offers possibilities for codifying this right beyond these discursive instances, while political opposition remains likely to continue to undercut this emerging legal norm.


Assuntos
COVID-19 , Direitos Humanos , Humanos , Direito Internacional , Vacinas contra COVID-19 , Cooperação Internacional
3.
J Law Med Ethics ; 50(3): 409-424, 2022.
Artigo em Inglês | MEDLINE | ID: mdl-36398651

RESUMO

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.


Assuntos
Direito à Saúde , Pessoas Transgênero , Humanos , Direito Internacional , Identidade de Gênero , Direitos Humanos
4.
Adv Mar Biol ; 93: 117-145, 2022.
Artigo em Inglês | MEDLINE | ID: mdl-36435591

RESUMO

As a common concern of humankind, the governance of coastal and marine ecosystems is increasingly coming to the fore of the international community as part of the joint response to climate change. Since the signing of the Declaration of the United Nations Conference on the Human Environment and the United Nations Convention on the Law of the Sea several decades ago, the international community has been exploring how international law can be improved in this respect. At present, the governance and international law of coastal and marine ecosystems in response to climate change are studied from theoretical and methodological perspectives. Extensive empirical studies help pinpoint specific issues related to each topic and provide valuable empirical references for both developed and developing countries. Based on social science publications, the authors use technical means to visualize research related to this topic, and conduct comprehensive reviews of these papers. They reveal that research based on these topics started late and is characterized by fragmentation. The research potential related to mentioned topic has yet to be explored extensively.


Assuntos
Mudança Climática , Ecossistema , Humanos , Direito Internacional , Ciências Sociais , Cooperação Internacional
5.
Rev. bioét. derecho ; (56): 29-54, Nov. 2022.
Artigo em Espanhol | IBECS | ID: ibc-210235

RESUMO

En ausencia de instrumentos internacionales que establezcan pautas comunes sobre los acuerdos de gestación por sustitución transfronteriza, los ordenamientos que los prohíben o los consideran nulos han tenido que enfrentarse a la cuestión de sus efectos, lo que ya ha dado lugar a varios pronunciamientos del Tribunal Europeo de Derechos Humanos. A partir del precedente Mennesson c. Francia(2014), el trabajo analiza las diferentes aproximaciones al fenómeno que han sido objeto de escrutinio por parte del TEDH. El trabajo presta una atención especial, por su mayor frecuencia, a los casos que tienen origen en la negativa de un estado a reconocer la filiación resultante de un acuerdo de gestación por sustitución celebrado fuera de sus fronteras y, en particular, al peso otorgado a la exigencia de vínculo genético entre el menor y al menos un progenitor de intención. Los más recientes Valdís Fjölnisdóttir y otros c. Islandia(2021) y A.M. c. Noruega(2022) evidencian quelimitar el reconocimiento de efectos de estos acuerdos a los casos en que existe dicho vínculo no es coherentecon el interés superior de los menores que resultan de los mismos, en especial cuando su adopción ya no es posible.(AU)


A manca d’instruments internacionals que estableixin pautes comunes sobre els acords de gestació per substitució transfronterera, els ordenaments que els prohibeixen o els consideren nuls s’han hagut d’enfrontar a la qüestió dels seus efectes, el que ja ha donat lloc a diversos pronunciamentsper part del Tribunal Europeu de Drets Humans. A partir del precedent Mennesson c. França (2014), el treball analitza les diferents aproximacions al fenomen que han estat objecte d’escrutini per part del TEDH. El treball posa una atenció especial, atesa la seva major freqüència, en els casos que s’originen en la negativa d’un estat a reconèixer la filiació resultant d’un acord de gestació per substitució celebrat fora de les seves fronteres i, en particular, en el pes atorgat a l’exigència de vincle genètic entre el menor i com a mínim un progenitor d’intenció. Els més recents Valdís Fjölnisdóttir i altres c. Islàndia (2021) i A.M. c. Noruega (2022) evidencien que limitar el reconeixement d’efectes d’aquests acords als casos d’existència del mencionat vincle no és coherent amb l’interès superior dels menors que en resulten, en especial quan la seva adopció ja no és possible.(AU)


In the absence of international instruments establishing common guidelines for cross-border surrogacy agreements, jurisdictions that prohibit them or consider them null and void have been confronted with the question of their effects, which has already led to several rulings by the European Court of Human Rights. Based onthe leading case Mennesson v. France (2014), this paper analyses the different approaches to the phenomenon which have been scrutinized by the ECtHR. Due to their greater frequency, the paper pays special attention to cases arising from a state’s refusal to recognize parenthood resulting froma surrogacy arrangement concluded outside its borders and, in particular, to the weight given to the requirement of a genetic link between the child and at least one intended parent. The more recent Valdís Fjölnisdóttir and other v. Iceland(2021) and A.M. v. Norway(2022) make it clear that limiting the recognition of the effects of these arrangements to cases where such a link exist is not consistent with the best interests of the resulting children, especially when adoption is no longer possible.(AU)


Assuntos
Humanos , Direitos Humanos , Gravidez , Direito Internacional , Cooperação Internacional , Família , Adoção , Defesa da Criança e do Adolescente , Custódia da Criança , Privacidade , Bioética , Ética , Princípios Morais
6.
J Environ Public Health ; 2022: 1505040, 2022.
Artigo em Inglês | MEDLINE | ID: mdl-36072492

RESUMO

Since the 1970s, mankind has become increasingly sensitive to major world environmental protection issues, and the globalenvironmental protection laws and regulations system formed to deal with suchspecific issues has rapidly expanded in scope and depth. From the initial environmental issues in the study of international relations theory to the development of environmental issues in the study of global governance, and then the concept of global environmental governance came out and developed rapidly. This trend provides a desire to deal with many environmental protection issues and various issues related to worldenvironmental protection issues. But are these wishes real? We must also doubtthe rationality of the legal systems of various countries that have been formedand fought to deal with all environmental protection relations, especially theworld environmental protection issues. Today, the world environmental problemhas formed a relatively perfect academic field. The concept theory of globalproblems starting from ecological problems has moved from ecological problemsto world governance problems. With the introduction and rapid improvement ofthe concept of world ecological problems. The articlestarts from the role of non-state actors in the original internationalframework, further expands and deepens, and presents a multiangle andall-round perspective, showing that international law can still play a crucial role in the settlement of international environmental problems. It not only caters to the needs of the current international situation and development but also provides forward-looking guidance for future environmental governance at the global level.


Assuntos
Conservação dos Recursos Naturais , Direito Internacional , Política Ambiental
7.
Lancet ; 400(10350): 462-468, 2022 08 06.
Artigo em Inglês | MEDLINE | ID: mdl-35810748

RESUMO

Epidemic risk assessment and response relies on rapid information sharing. Using examples from the past decade, we discuss the limitations of the present system for outbreak notifications, which suffers from ambiguous obligations, fragile incentives, and an overly narrow focus on human outbreaks. We examine existing international legal frameworks, and provide clarity on what a successful One Health approach to proposed international law reforms-including a pandemic treaty and amendments to the International Health Regulations-would require. In particular, we focus on how a treaty would provide opportunities to simultaneously expand reporting obligations, accelerate the sharing of scientific discoveries, and strengthen existing legal frameworks, all while addressing the most complex issues that global health governance currently faces.


Assuntos
Direito Internacional , Saúde Única , Surtos de Doenças , Saúde Global , Humanos , Cooperação Internacional
8.
J Int Bioethique Ethique Sci ; 33(1): 27-39, 2022.
Artigo em Espanhol | MEDLINE | ID: mdl-35723998

RESUMO

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.


Assuntos
Desenvolvimento Sustentável , Nações Unidas , Humanos , Direito Internacional
9.
J Int Bioethique Ethique Sci ; 33(1): 41-63, 2022.
Artigo em Francês | MEDLINE | ID: mdl-35723999

RESUMO

Are human genome modification technologies likely to pose a threat to security, and how might security be controlled by an international legal order that seeks to find its way between the application of existing disarmament law and the invention of a new law based on ethical principles applicable to new technologies?


Assuntos
Edição de Genes , Direito Internacional , Humanos , Condições Sociais
10.
AMA J Ethics ; 24(6): E472-477, 2022 06 01.
Artigo em Árabe, Inglês | MEDLINE | ID: mdl-35713914

RESUMO

This commentary on a case analysis examines the principles that govern decisions about which patients might be admitted to an international military hospital during humanitarian or combat operations. It explores the balance between duties under the Geneva Conventions and other international humanitarian laws, the requirement to be able to provide medical support to the military mission, and the obligation of clinicians to coordinate with other health care practitioners (local civilian, local military, and nongovernment organizations). Finally, this commentary considers the practical aspects of implementing these arrangements.


Assuntos
Saúde Militar , Militares , Atenção à Saúde , Humanos , Direito Internacional
11.
12.
BMC Public Health ; 22(1): 1232, 2022 06 21.
Artigo em Inglês | MEDLINE | ID: mdl-35725439

RESUMO

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.


Assuntos
Aborto Induzido , Feminino , Acesso aos Serviços de Saúde , Direitos Humanos , Humanos , Direito Internacional , Gravidez , Reprodução
13.
Artigo em Inglês | MEDLINE | ID: mdl-35564783

RESUMO

In this contribution, we explore how human health can be protected from climate change and its adverse effects by reliance on States' obligations under international law. We achieved this by reviewing the principal legal instruments that establish the right to health, as well as those that recognize that climate change has an adverse impact on health (Part II). We then examine the means of redress that may be available to those whose human right to health has been interfered with or violated because of climate change (Part III). Finally, we draw some conclusions as to the current effectiveness and future direction of these developments.


Assuntos
Mudança Climática , Direito Internacional , Direitos Humanos , Humanos
16.
Glob Public Health ; 17(10): 2235-2250, 2022 10.
Artigo em Inglês | MEDLINE | ID: mdl-34487487

RESUMO

Abortion rights in international law have historically been framed within a medico-legal paradigm, the belief that regulated systems of legal and medical control guarantee safe abortion. However, a growing worldwide practice of self-managed abortion (SMA) supported by feminist activism challenges key precepts of this paradigm. SMA activism has shown that more than medical service delivery matters to safe abortion and has called into question the legal regulation of abortion beyond criminal prohibitions. This article explores how abortion rights have begun to depart from the medico-legal paradigm and to support the novel norms and practices of SMA activism in a transformation of the abortion field. Abortion rights as reimagined in SMA activism increasingly feature in human rights agendas related to structural violence and inequality, collective organising and international solidarity, and democratic engagement.


Assuntos
Aborto Induzido , Aborto Legal , Feminino , Feminismo , Direitos Humanos , Humanos , Direito Internacional , Gravidez
18.
Afr. j. AIDS res. (Online) ; 21(2): 123-131, 28 Jul 2022.
Artigo em Inglês | AIM | ID: biblio-1390809

RESUMO

The SARS-CoV-2 outbreak and its impact on countries across the globe has been unprecedented. The lack of pharmaceutical interventions to prevent or treat infection have left States with limited avenues to control the spread of the virus. Many countries have introduced stringent lockdowns along with regulatory regimes that give governments new powers to compel compliance with these regulations and to punish non-compliance. This article investigates the use of compelled public health interventions during both the HIV and COVID-19 pandemics and how these can be aligned to human rights. This includes discussion on the use of interventions such as mandatory quarantine and isolation, compelled testing, criminalisation of HIV and SARS-CoV-2 transmission in Africa. This article also outlines what State obligations are in relation to pandemic responses, both in terms of mandating an effective response and which human rights principles should underscore these responses. Using South Africa as a case study, this article analyses whether the use of these interventions complies with international human rights law. We assess the use of compelled public health interventions in both the HIV and COVID-19 pandemics against established human rights principles applicable to pandemic responses. This article discusses lessons to be learnt about the relationship between human rights and public health interventions across both pandemics so as to guide human rights-based approaches to future pandemics as well as subsequent stages of the SARS-CoV-2 pandemic.


Assuntos
Direito Internacional , Vigilância em Saúde Pública , SARS-CoV-2 , Direitos Humanos , HIV , Intervenção na Crise
19.
J Law Med ; 28(4): 1018-1034, 2021 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-34907683

RESUMO

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.


Assuntos
Serviços de Saúde do Indígena , Direito Internacional , Austrália , Feminino , Humanos , Saúde Materna , Havaiano Nativo ou Outro Ilhéu do Pacífico
20.
Front Public Health ; 9: 765261, 2021.
Artigo em Inglês | MEDLINE | ID: mdl-34778192

RESUMO

Objective: To examine the possibility of estimating the number of civilian casualties in modern armed conflicts. Methods: A systematic review was conducted following the Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines, using PubMed, Scopus, and Web of Science search engines. The outcome was analyzed using a qualitative inductive thematic analysis. The scientific evidence of selected article was assessed, using the Health Evidence Quality Assessment Tool. Findings: The review of 66 included articles in this study indicates that with an increasing number of public health emergencies and the lack of vital elements of life such as water and food, emerging armed conflicts seem to be inevitable. In contrast to military-led cross-border traditional wars, modern armed conflicts affect internally on local communities and take civilian lives. Consequently, the measures and tools used in traditional military-led cross-border wars to adequately tally wounded and dead for many decades under the mandates of the International Humanitarian Law, is insufficient for modern warfare. While casualty counting during modern conflicts is deficient due to organizational, political or strategic reasons, the international organizations responsible for collecting such data (the International Federation of Red Cross and Red Crescent and International Institute of Humanitarian Law) face difficulties to access the conflict scene, resulting in under-reported, unreliable or no-reported data. Conclusion: There are challenges in estimating and counting the number of civilian casualties in modern warfare. Although the global need for such data is evident, the risks and barriers to obtaining such data should be recognized, and the need for new international involvement in future armed conflicts should be emphasized.


Assuntos
Conflitos Armados , Militares , Emergências , Humanos , Direito Internacional , Guerra
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