Health law is rapidly expanding both as a subject and as a discipline, at national and international levels. This expansion manifests itself on all continents, albeit to various degrees. International health law increasingly influences the direction taken by national health laws. Indeed there is a trend towards the elaboration of a body of global health law. This book is a summary that aims to show and demonstrate this phenomenon. Global health law appears to be the spearhead of a currently emerging general body of law for humanity. Health law is thus an essential and logical vector for the globalisation of law.
Author: Michel Bélanger
Publisher: Archives contemporaines
Category: Medical care
Despite global progress, staggering health inequalities between rich and poor raise basic questions of social justice. Defining the field of global health law, Lawrence Gostin drives home the need for effective governance and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right.
Author: Lawrence O. Gostin
Publisher: Harvard University Press
The effect of Globalization on health has attracted the attention of scholars and policy makers across multiple disciplines. A key concern is the regulation of international health protection, and in particular the use of international health instruments and the complex interaction between international law and health considerations. For the first time, a group of law and policy scholars have analysed these issues, drawing on knowledge from their respective fields. The resulting book provides comprehensive coverage of contemporary issues in global health law and governance.
Author: Gian Luca Burci,Brigit Toebes
Publisher: Edward Elgar Publishing
the O'Neill Institute for National and Global Health Law
Author: O'Neill Institute for National and Global Health Law,Georgetown University. School of Law
Health law and policy in Nigeria is an evolving and complex field of law, spanning a broad legal landscape and drawn from various sources. In addressing and interacting with these sources the volume advances research on health care law and policy in Nigeria and spells the beginning of what may now be formally termed the ’Nigerian health law and policy’ legal field. The collection provides a comparative analysis of relevant health policies and laws, such as reproductive and sexual health policy, organ donation and transplantation, abortion and assisted conception, with those in the United Kingdom, United States, Canada and South Africa. It critically examines the duties and rights of physicians, patients, health institutions and organizations, and government parastatals against the backdrop of increased awareness of rights among patient populations. The subjects, which are discussed from a legal, ethical and policy-reform perspective, critique current legislation and policies and make suggestions for reform. The volume presents a cohesive, comparative, and comprehensive analysis of the state of health law and policy in Nigeria with those in the US, Canada, South Africa, and the UK. As such, it provides a valuable comparison between Western and Non-Western countries.
Critical Perspectives on Nigerian and Global Health Law
Author: Irehobhude O. Iyioha,Remigius N. Nwabueze
Law and Global Health is the latest volume in the Current Legal Issues series. It contains a broad range of articles from scholars and public health experts dicussing the interaction between law and public health in low-, middle- and high-income countries.
Current Legal Issues
Author: Michael Freeman,Michael D. A. Freeman,Belinda Bennett,Sarah Hawkes
Publisher: Oxford University Press
Institutions matter for the advancement of human rights in global health. Given the dramatic development of human rights under international law and the parallel proliferation of global institutions for public health, there arises an imperative to understand the implementation of human rights through global health governance. This volume examines the evolving relationship between human rights, global governance, and public health, studying an expansive set of health challenges through a multi-sectoral array of global organizations. To analyze the structural determinants of rights-based governance, the organizations in this volume include those international bureaucracies that implement human rights in ways that influence public health in a globalizing world. This volume brings together leading health and human rights scholars and practitioners from academia, non-governmental organizations, and the United Nations system. They explore the foundations of human rights as a normative framework for global health governance, the mandate of the World Health Organization to pursue a human rights-based approach to health, the role of inter-governmental organizations across a range of health-related human rights, the influence of rights-based economic governance on public health, and the focus on global health among institutions of human rights governance. Contributing chapters each map the distinct human rights efforts within a specific institution of global governance for health. Through the comparative institutional analysis in this volume, the contributing authors examine institutional dynamics to operationalize human rights in organizational policies, programs, and practices and assess institutional factors that facilitate or inhibit human rights mainstreaming for global health advancement.
Rights-Based Governance for a Globalizing World
Author: Benjamin Mason Meier,Lawrence O. Gostin
Publisher: Oxford University Press
In the 21st century, complex health care problems remain unsolved. Conflicts between public interests and individual rights, evolving public health crises in low income countries, the challenge of regulating health professionals, and the effects of globalization on health care systems dominate the contemporary debates in this field. Facing these problems, health lawyers and policy makers should focus on, more than in the past, underlying normative values in health care. Core values include solidarity and justice in health care access. International Health Law explores the underlying normative values of health systems from a global and local perspective. Apart from examining country experiences, the authors provide an interesting and valuable contribution to the international legal and health policy debate on guaranteeing equal access to health care facilities, resisting a market or consumer-driven movement. By explaining health systems in terms of access, solidarity, and justice, International Health Law contributes to the strengthening of health systems.
Solidarity and Justice in Health Care
Author: André den Exter
Global Health Disputes and Disparities explores inequalities in health around the world, looking particularly at the opportunity for, and limitations of, international law to promote population health by examining its intersection with human rights, trade, and epidemiology, and the controversial issues of legal process, religion, access to care, and the social context of illness. Using a theoretical framework rooted in international law, this volume draws on a wide range of rich empirical data to assess the challenges facing the field, including international legal treaty interpretation, and specific issues related to the application of law in resolving pressing issues in gender, access to care, and social determinants of health. In doing so, it illustrates the challenges for implementing rights-based approaches to address health disparities, with profound implications for future regulations and policymaking. It includes both interviews with leading scholars, as well as a variety of case studies from prominent international forums, including formal claims brought before the Human Rights Council and the Committee on the Elimination of All Forms of Discrimination Against Women, as well as regional and national experiences, drawn from disputes in India, Indonesia, South Africa and the USA. This volume is an innovative contribution to the burgeoning fields of global health and human rights, and will be of interest to students and researchers in public health, global health, law and sociology interested in the social determinants of health and social justice from both theoretical and practical perspectives.
A Critical Appraisal of International Law and Population Health
Author: Dru Bhattacharya
Drawing from a wide range of disciplines, "Global Health Governance" offers a holistic approach to global health governance involving a multiplicity of actors: nation-states, international organizations, civil society organizations, and private actors.
International Law and Public Health in a Divided World
Author: Obijiofor Aginam
Publisher: University of Toronto Press
Now revised and expanded to cover today’s most pressing health threats, Public Health Law and Ethics probes the legal and ethical issues at the heart of public health through an incisive selection of government reports, scholarly articles, and relevant court cases. Companion to the internationally acclaimed text Public Health Law: Power, Duty, Restraint, this reader can also be used as a stand-alone resource for students, practitioners, scholars,and teachers. It encompasses global issues that have changed the shape of public health in recent years including anthrax, SARS, pandemic flu, biosecurity, emergency preparedness, and the transition from infectious to chronic diseases caused by lifestyle changes in eating and physical activity. In addition to covering these new arenas, it includes discussion of classic legal and ethical tensions inherent to public health practice, such as how best to balance the police power of the state with individual autonomy.
Author: Lawrence O. Gostin
Publisher: Univ of California Press
Global health arguably represents the most pressing issues facing humanity. Trends in international migration and transnational commerce render state boundaries increasingly porous. Human activity in one part of the world can lead to health impacts elsewhere. Animals, viruses and bacteria as well as pandemics and environmental disasters do not recognize or respect political borders. It is now widely accepted that a global perspective on the understanding of threats to health and how to respond to them is required, but there are many practical problems in establishing such an approach. This book offers a foundational study of these urgent and challenging problems, combining critical analysis with practically focused policy contributions. The contributors span the fields of ethics, human rights, international relations, law, philosophy and global politics. They address normative questions relating to justice, equity and inequality and practical questions regarding multi-organizational cooperation, global governance and international relations. Moving from the theoretical to the practical, Global Health and International Community is an essential resource for scholars, students, activists and policy makers across the globe.
Ethical, Political and Regulatory Challenges
Author: John Coggon,Swati Gola
Publisher: A&C Black
Category: Political Science
Within contemporary society the themes of globalization, health and regulation interlock in complex patterns, changing in response to the mix of cultural differences, regulatory preferences and available resources. To turn the kaleidoscope and to change the mix is to change the pattern. This book is about those patterns as they arise in the contemporary legal, health and ethical context, exploring the transformations and challenges brought by technological change and the regulatory options in the contemporary global village.
Health Law Rights in a Global Age
Author: Belinda Bennett
Small things add up: trillions of dollars of products applying nanotechnology have been marketed to consumers promising new medicines, strong packaging to protect goods from contamination, stronger eyelash mascara and long-lasting lipstick, construction materials for housing, cheaper energy, and new drugs to fight cancer. Nanotechnology applications to consumer products represent a huge slice of daily economic life, heralding a revolutionary age for science and technology. How can the benefits of nanotechnology be realized while protecting public health? Global Health Impacts of Nanotechnology Law: A Tool for Stakeholder Engagement fills a major void in legal, scientific policy discourse about nanotechnology for people who are curious about nanoscience, bioethics, and law. The pioneering, plain-language text of Dr. Ilise L. Feitshans, international health law scholar and former international civil servant, enables readers to move comfortably across disciplines and explore how nanotechnology can reshape both commerce and public health to improve daily life worldwide.
A Tool for Stakeholder Engagement
Author: Ilise L Feitshans
Publisher: CRC Press
Category: Business & Economics
The right to health, having been previously neglected is now being deployed more and more often in litigation, activism and policy-making across the world. International bodies such as the WHO, UNAIDS, World Bank and WTO are increasingly using or being evaluated with reference to health rights, and international NGOs frequently use the language of rights in campaigning and in more concrete litigation. This book brings together an impressive array of internationally renowned scholars in the areas of law, philosophy and health policy to critically interrogate the development of rights based approaches to health. The volume integrates discussion of the right to health at a theoretical level in law and ethics, with the difficult substantive issues where the right is relevant, and with emerging systems of global health governance. The contributions to this volume will add to our theoretical and practical understanding of rights based approaches to health.
Legal and Philosophical Perspectives
Author: John Harrington,Maria Stuttaford
A contextual analysis of the internal logics of EU health law through four themes: consumerism; (human) rights; interactions between equality, solidarity and competition; and risk. Leading authors in the emergent field explain the interactions and implications of EU health law through thematic reinterpretation of the law in context in key substantive areas, such as the regulation of health research, access of patients to high quality care, health care professional regulation, organisation and funding of health care services, and public health. This book offers a fresh perspective and thorough understanding of EU health law through individual and collective or systemic perspectives, and covers health law both within the EU and globally. Essential reading for anyone interested in health law in any EU Member State or in global health law.
Themes and Implications
Author: Tamara K. Hervey,Jean V. McHale
Publisher: Cambridge University Press
Lawrence O. Gostin’s seminal Public Health Law is widely acclaimed as the definitive statement on public health law at the turn of the twenty-first century. In this bold third edition, Gostin is joined by Lindsay F. Wiley to analyze major health threats of our time such as chronic diseases, emerging infectious diseases, antimicrobial resistance, bioterrorism, natural disasters, opiod overdose, and gun violence. The authors draw on constitutional law, administrative law, local government law, and tort law to develop their conception of law as a tool for protecting the public’s health. The book creates an intellectual framework for modern public health law and supports that framework with illustrations of the scientific, political, and ethical issues involved. In proposing innovative solutions for the future of the public’s health, Gostin and Wiley’s essential study provides a blueprint for public and political debates to come. New issues covered in this edition: • Corporate personhood rights raised in response to regulations of tobacco, food and beverages, alcohol, firearms, prescription drugs, and marijuana. • Local government authority to protect the public’s health. • Deregulation and harm reduction as modes of public health law intervention. • Taxation, spending, and alteration of the socioeconomic environment as modes of public health law intervention. • Access to health care as a strategy for protecting the public’s health. • Taxation, spending, licensing, zoning, and shared-use strategies for chronic disease prevention. • The public health law perspective on violence and injury prevention. • Health justice as a framework for reducing health disparities and protecting the public’s health.
Power, Duty, Restraint
Author: Lawrence O. Gostin,Lindsay F. Wiley
Publisher: Univ of California Press
"In this completely revised second edition, Gostin analyzes the major health threats of our times, from emerging infectious diseases (e.g., SARS and pandemic influenza) to bioterrorism (e.g., the deliberate release of anthrax and smallpox) to chronic diseases caused by overweight and obesity. By analyzing transnational law, Gostin shows how public health law transcends national borders in areas ranging from infectious disease and tobacco use to world trade and access to essential medicines. Public Health Law creates an intellectual framework for the modern field of public health and supports that framework with illustrations of the intellectual, scientific, political, and ethical issues involved. In proposing innovative solutions for the future of the public's health, Gostin's essential study provides a blueprint for coming public and political debates about this vital and burgeoning field."--BOOK JACKET.
Power, Duty, Restraint
Author: Lawrence O. Gostin
Publisher: Univ of California Press