Post-COVID U.S. Legal Reforms Promoting Public Health and Equity

Constitutional Cohesion and the Right to Public Health

University of Michigan Journal of Law Reform ◽

10.36646/mjlr.53.1.constitutional ◽

2019 ◽

pp. 173

Author(s):

James Hodge ◽

Daniel Aaron ◽

Haley Augur ◽

Ashley Cheff ◽

Joseph Daval ◽

...

Keyword(s):

Public Health ◽

Health Outcomes ◽

Health Needs ◽

Morbidity And Mortality ◽

Health Law ◽

Public Health Law ◽

Legal Reforms ◽

General Obligation ◽

Constitutional Right ◽

The Right

Despite years of significant legal improvements stemming from a renaissance in public health law, Americans still face major challenges and barriers in assuring their communal health. Reversals of legal reforms coupled with maligned policies and chronic underfunding contribute to diminished public health outcomes. Underlying preventable morbidity and mortality nationally are realities of our existing constitutional infrastructure. In essence, there is no general obligation of government to protect or promote the public’s health. Under principles of “constitutional cohesion,” structural facets and rights-based principles interwoven within the Constitution protect individuals and groups from governmental vices (i.e., oppression, overreaching, tyranny, and malfeasance). Structural impediments and rights infringements provide viable options to challenge governmental efforts inapposite to protecting the public’s health. Through corollary applications framed as auxiliary, creative, and ghost righting, courts are also empowered to recognize core duties or rights that the Constitution may not explicitly denote but assuredly contains, to remedy identifiable vices. Notably, ghost righting charts a course for recognizing a constitutional right to public health that Americans are owed, and government must respect, to assure basic public health needs.

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PELAKSANAAN COMPULSORY LICENSING PATEN OBAT-OBATAN BIDANG FARMASI DI INDONESIA DIKAITKAN DENGAN DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH

10.31219/osf.io/jzq7b ◽

2017 ◽

Author(s):

Samariadi

Keyword(s):

Public Health ◽

Pharmaceutical Industry ◽

Research Methods ◽

Legal Research ◽

Compulsory Licensing ◽

Legal Reforms ◽

Patent Medicines ◽

The Government ◽

Formulation Problem ◽

Doha Declaration

Purpose of this study is firstly to find out implementation of compulsory licensing patent medicines in Indonesia’s pharmaceutical field linked Declaration DOHA, secondly to know resistance implementation of compulsory licensing to access drug in Indonesia, thirdly to know efforts should be done in implementation compulsory licensing as to support access public health. Author used legal research methods to get the result. Results of formulation problem, it can be concluded that, firstly implementation of compulsory licensing in Indonesia is still not maximized because only implement patent by the government alone, secondly obstacles in the implementation of covering obstacles in juridical aspect and non-juridical, thirdly attempts that should be done is to implement both compulsory licensing program which has been legalized by Indonesian patent legislation. Advice from author, firstly there should be legal reforms in Act Patent to enhance the article fully support access to public health, secondly their efforts to optimize pharmaceutical industry through appointment of other pharmaceutical industry to produce drugs Antiretroviral besides chemical pharma, thirdly government should enhance further technical provisions of compulsory licensing programs such as compulsory licenses, in order to assist the government to implement the mandate of the 1945 task in fulfilling rights of all people.

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Legal reforms in the field of public health and the accession of the Republic of Serbia to the European Union - a review of regulatory standards

Srpski arhiv za celokupno lekarstvo ◽

10.2298/sarh190504082s ◽

2019 ◽

pp. 82-82

Author(s):

Marta Sjenicic ◽

Marko Milenkovic

Keyword(s):

Public Health ◽

European Union ◽

The European Union ◽

Legal Reforms ◽

Regulatory Standards ◽

The Republic

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Legal reforms in the field of public health and the accession of the Republic of Serbia to the European Union - a review of regulatory standards

Srpski arhiv za celokupno lekarstvo ◽

10.2298/sarh19050482s ◽

2019 ◽

Vol 147 (7-8) ◽

pp. 506-512

Author(s):

Marta Sjenicic ◽

Marko Milenkovic

Keyword(s):

Public Health ◽

European Union ◽

The European Union ◽

Legal Reforms ◽

Eu Legislation ◽

Regulatory Standards ◽

Accession Process ◽

The Republic ◽

The Moment ◽

The Eu

Accession to the European Union (EU) is a comprehensive process of reforms and harmonization of legislation with EU regulations, which must be accompanied by the implementation of EU standards. Although the EU competencies in the field of health care are limited, and health law does not represent a large part of the EU legislation, harmonization and further reforms are needed in a number of areas. The main focus of this paper is the negotiation Chapter 28 within the EU accession process, which covers a number of thematic areas in the field of public health encompassing various legislative and strategic acts of the EU. At the moment, the EU has still not opened the negotiations in this field with Serbia. In order to introduce health professionals in Serbia to current developments, the paper analyzes the most important aspects of alignment with EU legislation and the need for further regulatory reforms.

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