Health and Human Rights最新文献_第5页

Building a Progressive Reproductive Law in South Africa. 在南非建立进步的生殖法。

IF 3.7 3区医学

Health and Human Rights Pub Date : 2023-12-01

Donrich Thaldar

{"title":"Building a Progressive Reproductive Law in South Africa.","authors":"Donrich Thaldar","doi":"","DOIUrl":"","url":null,"abstract":"This article delves into the expansion of procreative freedom in relation to assisted reproductive technologies (ARTs) in South African law, with reference to three seminal cases. In the case of AB v. Minister of Social Development, the minority of the South African Constitutional Court held that the constitutional right to procreative freedom is applicable to ARTs. Importantly, both the minority and the majority agreed on the principle of procreative non-maleficence-the principle that harm to the prospective child constitutes a legitimate reason to limit the procreative freedom of the prospective parents. Following this, Ex Parte KF2 clarified the concept of the \"prospective child\" as relating to an idea, rather than an embryo. Finally, in Surrogacy Advisory Group v. Minister of Health, the controversial issue of preimplantation sex selection for non-medical reasons was examined. The court confirmed that the use of ARTs falls within the ambit of procreative freedom. While holding that preimplantation sex selection for non-medical reasons is inherently sexist, the court found that a woman's right to procreative freedom-including the sex identification of an in vitro embryo-outweighs other considerations. These landmark cases establish a robust groundwork for a progressive reproductive law in South Africa.","PeriodicalId":46953,"journal":{"name":"Health and Human Rights","volume":"25 2","pages":"43-52"},"PeriodicalIF":3.7,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10733757/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139032634","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Justice in Transitioning Health Systems. 转型期卫生系统中的正义。

IF 3.7 3区医学

Health and Human Rights Pub Date : 2023-12-01

Lucas Miotto, Himani Bhakuni

引用次数: 0

Assessing the Human Rights Framework on Private Health Care Actors and Economic Inequality. 评估关于私营医疗机构和经济不平等的人权框架。

IF 3.7 3区医学

Health and Human Rights Pub Date : 2023-12-01

Rossella De Falco, Timothy Fish Hodgson, Matt Mcconnell, A Kayum Ahmed

引用次数: 0

Climate Change as a Risk Factor for Food Insecurity in Spain. 气候变化是西班牙粮食不安全的风险因素。

IF 3.7 3区医学

Health and Human Rights Pub Date : 2023-12-01

Juliette Duffy

引用次数: 0

The COVID-19 Pandemic as a Tipping Point: What Future for the Right to Health? 作为转折点的 COVID-19 大流行：健康权的未来如何？

IF 3.7 3区医学

Health and Human Rights Pub Date : 2023-12-01

Ted Schrecker

引用次数: 0

Locked Up and Left Behind: Addressing Cruel and Unusual Punishments among Senior Inmates during COVID-19 across US Prisons. 被关起来，被抛在后面：在 COVID-19 期间，在美国各监狱中处理高级囚犯中的残忍和不寻常惩罚问题。

IF 3.7 3区医学

Health and Human Rights Pub Date : 2023-12-01

Sabba Salebaigi

{"title":"Locked Up and Left Behind: Addressing Cruel and Unusual Punishments among Senior Inmates during COVID-19 across US Prisons.","authors":"Sabba Salebaigi","doi":"","DOIUrl":"","url":null,"abstract":"The COVID-19 pandemic has shed light on long-standing constitutional violations within the US correctional system, particularly affecting vulnerable populations such as senior inmates. By analyzing the impact of COVID-19 in prisons, the challenges faced in implementing preventive strategies, and the specific vulnerabilities of elderly prisoners, this paper identifies potential constitutional infringements experienced by senior inmates during the pandemic and the physical, mental, and social effects of the pandemic on this population. Specifically, this paper aims to bridge the fields of constitutional law, prison reform, elder law, and the COVID-19 pandemic by examining the impact of the pandemic on the rights of senior inmates under the US Constitution's Eighth Amendment protection against cruel and unusual punishment. The objective is to examine whether potential violations have occurred and propose actions to prevent violations in the future while ensuring accountability and redress if such violations occur. To address such violations, the paper emphasizes the need for increased sanitation measures and decarceration as preventive measures in future public health crises.","PeriodicalId":46953,"journal":{"name":"Health and Human Rights","volume":"25 2","pages":"91-102"},"PeriodicalIF":3.7,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10733758/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139032653","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Reproduction as Work: Addressing a Gap in Current Economic Rights Discourses. 作为工作的再生产：解决当前经济权利讨论中的一个空白。

IF 3.7 3区医学

Health and Human Rights Pub Date : 2023-12-01

Lauren Danielowski

{"title":"Reproduction as Work: Addressing a Gap in Current Economic Rights Discourses.","authors":"Lauren Danielowski","doi":"","DOIUrl":"","url":null,"abstract":"In 2022, the global commercial surrogacy industry was valued at approximately US$14 billion. This paper explores the issue of surrogacy to reveal how international human rights standards and labor laws treat reproduction as work, building on previous scholarship analyzing similar framing at the grassroots level in Mexico. I argue that the failure to recognize surrogacy as labor is rooted in three lacunae: (1) contemporary policies and practices around surrogacy globally pay little attention to the well-being and rights fulfillment of surrogates themselves, particularly the economic rights of surrogates; (2) the stigma of surrogacy as sexualized care work results in neglect of the labor rights of surrogates in mainstream economic rights discourses; and (3) relevant international rights law has not yet addressed the economic rights of surrogates, nor has it effectively articulated the interdependent relationship between economic rights and reproductive rights. Lastly, I discuss where reproductive rights and economic rights overlap in existing human rights conventions and standards and what possibilities these offer for articulating the interdependence of reproductive and economic rights and for advancing the labor rights of surrogates.","PeriodicalId":46953,"journal":{"name":"Health and Human Rights","volume":"25 2","pages":"29-42"},"PeriodicalIF":3.7,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10733773/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139032656","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Equity Effect of Universal Health Care. 全民医保的公平效应

IF 3.7 3区医学

Health and Human Rights Pub Date : 2023-12-01

Anja Rudiger

引用次数: 0

Using Ethics Committees to Justify Force-Feeding Political Prisoners in Israel. 利用伦理委员会为以色列强行喂食政治犯辩护。

IF 3.7 3区医学

Health and Human Rights Pub Date : 2023-12-01

Zohar Lederman, Ryan Essex

引用次数: 0

Economic Inequality and the Right to Health: On Neoliberalism, Corporatization, and Coloniality. 经济不平等与健康权：论新自由主义、公司化和殖民主义》。