Search results for "right to health"
showing 10 items of 14 documents
Pharmaceutical patents and the right to access to medicines in Central America
2020
El vínculo entre la propiedad intelectual y el derecho a la salud se ha convertido en un tema de debate central desde la conferencia ministerial de la Organización Mundial del Comercio (OMC) en 2001. En efecto, a pesar del amplio reconocimiento del derecho a la salud en la escena internacional, la cuestión de la protección efectiva y la aplicación del derecho en cuestión es tema de un debate constante. El objetivo de las patentes farmacéuticas, es proporcionar al inventor un conjunto de derechos exclusivos durante un período de tiempo determinado a cambio de la divulgación pública del medicamento recién protegido. El régimen de monopolio establecido conduce a un aumento significativo de los…
COVID-19 Vaccination in Pediatric Population: A Necessity or Obstruction to the Protection of the Right to Health? Biojuridical Perspective.
2022
One of the most recently debated topics worldwide is the mass vaccination of children against coronavirus disease 2019 (COVID-19). Next, the risk/benefit ratio of COVID-19 vaccination and infection in children are compared. Nonetheless, the real question in this debate is as follows: Does the vaccine represent a necessary tool or is it an obstacle in protecting the right to health? From a public health point of view, the Supreme Court of Nova Scotia, in Canada, recommends COVID-19 vaccination in the pediatric population. Based on Article 25 of the Draft Articles on State responsibility, vaccination can be considered a social act necessary for protecting the individual's right to health. The…
The Right to Health and Resource Allocation. Who Gets What and Why in the COVID-19 Pandemic
2022
The COVID-19 outbreak has led to a worldwide, substantial increase in the demand for pharmaceuticals, hospital beds, ventilators, and medical supplies. When needs suddenly exceed demand worldwide, resources may quickly become scarce with potential demand, so that strict rationing is the only viable response. Against this backdrop, this chapter scrutinizes the rationales for the prioritization of scarce resources. It questions the essential role and reaches the market concerning resources essential to delivering health care, especially in severe shortages, such as during a global pandemic.
Universal Health Coverage for Undocumented Migrants. The Spanish Case
2018
Implementation of the universal right to health, along with the UN’s goal to achieve universal health coverage (UHC), face common challenges to ensuring universal health care entitlement. One of these difficulties is health care restrictions for undocumented migrants. A recent example is the Spanish health care regulation that places universal coverage at risk by restricting access to it by this group. The work herein examines the right to health and UHC’s regulations with the aim of determining if access to health care services for undocumented migrants is indeed recognized and if this recognition could therefore be valid to limit those kinds of measures. The UHC proposal does not sufficie…
Access to Preventive Health Care for Undocumented Migrants: A Comparative Study of Germany, the Netherlands and Spain from a Human Rights Perspective
2016
The present study analyzes the preventive health care provisions for nationals and undocumented migrants in Germany, the Netherlands and Spain in light of four indicators derived from the United Nations Committee on Economic, Social and Cultural Rights’ General Comment 14 (GC 14). These indicators are (i) immunization; (ii) education and information; (iii) regular screening programs; and (iv) the promotion of the underlying determinants of health. It aims to answer the question of what preventive health care services for undocumented migrants are provided for in Germany, the Netherlands and Spain and how this should be evaluated from a human rights perspective. The study reveals that the ac…
2020
Freely available healthcare, universally accessible to the population of citizens, is a key ideal for European welfare systems. As labor migration of the twentieth century gave way to the globalized streams of the twenty-first century, new challenges to fulfilling these ideals have emerged. The principle of freedom of movement, together with large-scale forced migration have led to large scale movements of people, making new demands on European healthcare systems which had previously been largely focused on meeting sedentary local populations' needs. Drawing on interviews with service providers working for NGOs and public healthcare systems and with policy makers across 10 European countrie…
The judicial guarantee of the right to health: between the indirect protection and the specific justiciability
2019
El objetivo principal de este trabajo es el estudio de los mecanismos de garantía judicial del derecho a la salud. Se estudian, de un lado, aquellos que protegen este derecho a través de la vía de la interrelación con otros derechos, como es el caso del Tribunal Europeo de Derechos Humanos o del sistema interamericano. De otro lado, se tratan los sistemas que reconocen una justiciabilidad autónoma al derecho a la salud, destacando la litigación en países como Brasil o Colombia, y las críticas que ello ha recibido. Ante estas reservas, como las inequidades encontradas en el acceso a los tribunales y la excesiva intervención judicial, como objetivo último se plantean algunas respuestas, entre…
Viaggi internazionali ai tempi del COVID-19: quale ruolo per il diritto internazionale?
2021
Since the beginning of the COVID-19 pandemic, States and corporations have been debating over what measures could be implemented in order to progressively ease restrictions on international travel: the proposals made included implementing an immunity passport, or, with the development and production of vaccines, a vaccination certificate. The article analyses the possibility of adopting these measures in conformity with International Health Regulations (IHR) and the International Covenants on Human Rights. Finally, it formulates a hypothesis for the revision of International Health Regulations whilst giving them an interpretation that is harmonized with human rights norms.
HCV: the best cure possible or the best possible cure?
2015
Progress in medicine goes along with an exponential growth of the cost of drugs and devices. While any person has the right to obtain the best possible benefit from medical care, a state needs to strike a balance between granting the optimal personal benefit to each individual and the needs of the society as a whole. Health systems in all countries therefore are facing a huge problem of distributive justice, as while they should guarantee individual rights, among which the right to health in its broader sense, including physical, psychological and social well-being (therefore not limited to healing, but extending to compliance and quality of life), they must also grant equal access to the h…
The Right to Health and Resource Allocation. Who Gets What and Why in the COVID-19 Pandemic
2020
Abstract The COVID-19 outbreak has led to a worldwide, substantial increase in the demand for pharmaceuticals, hospital beds, ventilators, and medical supplies. When needs suddenly exceed demand worldwide, resources may quickly become scarce in relation to potential demand, so that strict rationing is the only viable response. Against this backdrop, this paper scrutinizes the rationales for prioritization of scarce resources, and it questions the actual role and reach of the market with regard to resources that are essential to deliver health care, especially in times of severe shortage, such as during a global pandemic.