scholarly journals The state-individual relationship during COVID-19 pandemic – from the human rights point of view

2020 ◽  
pp. 33-48
Author(s):  
Iwona Florek

Since the outbreak of the Covid-19 epidemic in November 2019 in Wuhan (China) countries experience negative impact of the coronavirus actions on their health care systems. Therefore different administrative regulations are imposed to flatten the disease curve, to ensure fluent and undisturbed work of health units. The goal of the article is to get a closer look at practical aspects of legal and administrative regulations that are imposed in different countries to prevent the spread of coronavirus and analyse them in the context of human rights restrictions. It is difficult, if not impossible, the give a simple answer whether or which restraints are needed. Therefore, the author aims at drawing attention on the slight borderline where the restrictions are necessary for the sake of health and where are they exaggeration of public authority’s power over individuals. The novum of the article is a look at the state-individual relationship according to the concept of W. Osiatyński in the situation of the Covid-19 epidemic. The research method used by the author is the analysis of the relationship between the state and the individual in terms of human rights, taking into account the provisions of law. The practical assessment of the implementation of the protection of individual rights was illustrated by the most recent press reports, both Polish and international.

2018 ◽  
Vol 10 (12) ◽  
pp. 4439 ◽  
Author(s):  
Elio Borgonovi ◽  
Paola Adinolfi ◽  
Rocco Palumbo ◽  
Gabriella Piscopo

Sustainability is momentous for the appropriate functioning of health care systems. In fact, health and sustainability are two strictly related values, which could not be separately sought. While studies discussing the contextualization of this issue with respect to the distinguishing attributes of health care systems are rapidly blooming, there is still little agreement about what is ultimately meant by sustainability in the health care arena. On the one hand, attention is primarily focused on the proper use of available financial resources; on the other hand, people engagement and empowerment are gradually arising as a crucial step to enhance the viability of the health care system. This paper tries to identify, from a conceptual point of view inspired by the European integrative movement, the different shades of sustainability in health care and proposes a recipe to strengthen the long-term viability of health care organizations. The balanced mix of financial, economic, political, and social sustainability is compelling to increase the ability of health care organizations to create meaningful value for the population served. However, the focus on a single dimension of sustainability is thought to engender several side effects, which compromise the capability of health care organizations to guarantee health gains at the individual and collective levels. From this standpoint, further conceptual and practical developments are envisioned, paving the way for a full-fledged understanding of sustainability in the health care environment.


2016 ◽  
Vol 25 (6) ◽  
pp. 765-782 ◽  
Author(s):  
Rachel Rebouché

This essay maps how human rights have helped advance abortion rights, and it explores the relationship between human rights discourses and abortion access in jurisdictions with under-resourced health systems. The first part describes the incorporation of abortion rights in international human rights documents and in the opinions and reports of human rights bodies. The second part discusses why courts increasingly cite human rights texts in national opinions, noting courts’ invocation of universal values, consensus on limited abortion permission, and state duties to protect women’s rights. The third part examines on-the-ground obstacles to implementing court judgments and national abortion laws. This essay argues that human rights reasoning, rooted in claims to universalism and modernity, may minimize the problems that follow legal change, particularly in places with weak health-care infrastructures. The conclusion considers public health law research that keeps in view the differences among countries’ health-care systems.


Author(s):  
Daniel J. Hemel

This chapter suggests a human rights–based justification for national basic income schemes, contrasting it with justifications based on welfarist principles or notions of entitlement to a share of the global commons. Starting from the premise that a state is a collective enterprise that generates a surplus, it contends that any human being who is an “obedient” member of that state has a right to some share of the surplus. That right—which arises from the relationship between the individual and the state, and is independent of need—could justify the entitlement to a basic income. Such income should be provided in cash, not in kind, because the latter risks depriving the individual of the enjoyment of his share of the surplus—in effect, forcing him to forfeit or transfer it to others if he does not use the public goods or services provided by the state.


Author(s):  
Stephen C. L. Gough

The increasing worldwide incidence and prevalence of diabetes is placing substantial pressures on health care systems and economies. As a consequence individuals involved in the care of people with diabetes are looking at services currently being provided and examining ways in which care can be organized in the most cost-effective manner. Whilst the degree to which diabetes care is delivered differs from country to country, similar fundamental questions are being asked by those involved in the delivery of care, including: What are we currently providing? What do we need to provide? What are we able to provide? Although the answers to these questions are quite different not just between countries but often within specific localities within a country, the ultimate aim is the same: to provide the best possible care to as many people with diabetes as possible. The global diversity of diabetes health care need is enormous and while the solutions will be equally diverse, the approach to the development of a diabetes service will, for many organizations, be similar. The main focus of this chapter is based upon the model or the strategic approach developed in the UK, but many of the individual component parts are present in most health care settings.


1994 ◽  
Vol 61 (1) ◽  
pp. 31-37
Author(s):  
N. Martini

The application of modern computerised technologies to hospitals and communities represents one of the most critical points for Medicine and Health Care Systems in different countries. The benefits but also the limits of this impact bring up the basic question of the relationship between technology and culture. In order to analyse this relationship the drug has been assumed as “indicator” in the different phases of scientific documentation and information, management of expenditure and clinical research.


2003 ◽  
Vol 33 (1) ◽  
pp. 173-192
Author(s):  
Ida Hellander

This report presents information on the state of U.S. health care in mid-2002. It provides data on the uninsured and underinsured and their difficulties in finding health care; the increasing costs of care; health, social, and economic inequalities; and the role of corporate money in health care. Information is also presented on mental health care, the hospital and pharmaceutical industries, Medicare HMOs, and the state of nursing. The author then provides updates on Congressional activity and the results of polls on matters of health, and some data on health care systems elsewhere in the world.


2014 ◽  
Vol 9 (3) ◽  
pp. 231-249 ◽  
Author(s):  
Federico Toth

AbstractThe Italian National Health Service began experimenting with a significant regionalisation process during the 1990s. The purpose of this article is to assess the effects that this regionalisation process is having on the rift between the north and the south of the country. Has the gap between the health care systems of the northern and southern regions been increasing or decreasing during the 1999–2009 decade? Three indicators will be utilised to answer this question: (1) the level of satisfaction expressed by the citizens towards the regional hospital system; (2) the mobility of the patients among regions; (3) the health care deficit accumulated by the individual regions. On the basis of these three indicators, there is evidence to conclude that, during the decade under study, the gap between the North and the South, already significant, has increased further.


The concept of human dignity has become central to political philosophy and legal discourse on human rights, but it remains enigmatic. Understanding Human Dignity is a book of original essays by a multi-disciplinary group of historians, legal academics, judges, political scientists, theologians, and philosophers, which aims to debate a broad range of current approaches to how to understand the concept. Some of the main issues considered include fundamental theoretical questions: Is there a minimum core to the meaning of human dignity? Is a person’s human dignity to be assessed subjectively from his or her point of view, or ‘objectively’? Can human dignity be understood in purely secular terms? Can there be a shared meaning of human dignity where there is religious and ideological pluralism? What ontological claims are implied by appeals to human dignity? Other questions are more directed at the implications of dignity for relations between individuals, and between individuals and the state: What are the implications of human dignity for the ways in which we should behave towards each other? What are its implications for the ways in which the state should treat those who fall under its authority? An important set of questions posed considers specifically the relationship between human dignity, human rights, and other values: Is human dignity more appropriately seen as attaching to some human rights rather than others? What is the relationship between human dignity and other values and principles connected with rights, such as autonomy, freedom, equality, social solidarity, and identity? What is the weight and status of human dignity? Does human dignity have a status superior to that of other values? Is it absolute, or can it be balanced against other values? Does human dignity essentially serve community or individual goals? Can it also serve moralistic and paternalistic goals? Is human dignity necessarily an emancipatory idea? Is it rights-supporting or rights-constraining? Also considered is how, if at all, the concept of human dignity helps us to deal with claims made in relation to several issues that are among the most divisive current political and social questions. Does dignity apply only to sentient humans, or can it apply to animals, dead humans, and human foetuses? What is the relation between the idea of dignity and what appears to be voluntary self-degradation (for example, in some instances of prostitution and pornography)? How far, if at all, can a person waive his or her human dignity? Does human dignity determine the boundaries of religious pluralism? A further set of questions considered are more institutional, or related to the relationship between disciplines: How appropriate is the use of the concept of human dignity for judicial decision-making? What is the role of courts and legal authorities in developing and elaborating the concept of human dignity? What role, if any, should human dignity play in adjudicating conflicts of human rights, philosophical and legal?


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