Advancing the Right to Health: The Vital Role of Law

Effective laws and an enabling legal environment are essential to a healthy society. Most public health challenges – from infectious and non-communicable diseases to injuries, from mental illness to universal health coverage – have a legal component. At global, national and local levels, law is a powerful tool for advancing the right to health. This tool is, however, often underutilized. This report aims to raise awareness about the role that public health laws can play in advancing the right to health and in creating the conditions for all people to live healthy lives. The report provides guidance about issues and requirements to be addressed during the process of developing or reforming public health laws, with case studies drawn from countries around the world to illustrate effective practices and critical features of effective public health legislation. Advancing the right to health: the vital role of law is the result of a collaboration between the World Health Organisation, the International Development Law Organisation (IDLO), the O’Neill Institute for National and Global Health Law, Washington D.C., USA, and Sydney Law School, University of Sydney. The Project Directors were: Professor Lawrence O. Gostin, Linda D. and Timothy J. O’Neill Professor of Global Health Law and University Professor, Georgetown University; Faculty Director, O’Neill Institute for National and Global Health Law, Georgetown University; Mr David Patterson, Senior Legal Expert – Health; Department of Research & Learning, International Development Law Organization; Professor Roger Magnusson, Professor of Health Law & Governance, Sydney Law School, University of Sydney; Mr Oscar Cabrera, Executive Director, O’Neill Institute for National and Global Health Law, Georgetown University Law Center; Ms Helena Nygren-Krug (2011–2013), Senior Advisor, Human Rights & Law, UNAIDS. The content and structure of the report reflect the consensus reached at the second of two international consultations in public health law that preceded the preparation of the report, hosted by WHO and IDLO in Cairo, Egypt, 26-28 April 2010. Part 1 introduces the human right to health and its role in guiding and evaluating law reform efforts, including efforts to achieve the goal of universal health coverage. Part 2 discusses the process of public health law reform. The law reform process refers to the practical steps involved in advancing the political goal of law reform, and the kinds of issues and obstacles that may be encountered along the way. Part 2 identifies some of the actors who may initiate or lead the public health law reform process, discusses principles of good governance during that process, and ways of building a consensus around the need for public health law reform. Part 3 turns from the process of reforming public health laws to the substance or content of those laws. It identifies a number of core areas of public health practice where regulation is essential in order to ensure that governments (at different levels) discharge their basic public health functions. Traditionally, these core areas of public health practice have included: the provision of clean water and sanitation, monitoring and surveillance of public health threats, the management of communicable diseases, and emergency powers. Building on these core public health functions, Part 3 goes on to consider a range of other public health priorities where law has a critical role to play. These priorities include tobacco control, access to essential medicines, the migration of health care workers, nutrition, maternal, reproductive and child health, and the role of law in advancing universal access to quality health services for all members of the population. The report includes many examples that illustrate the ways in which different countries have used law to protect the health of their populations in ways that are consistent with their human rights obligations. Countries vary widely in terms of their constitutional structure, size, history and political culture. For these reasons, the examples given are not intended to be prescriptive, but to provide useful comparisons for countries involved in the process of legislative review

Governance and information governance: some ethical considerations within an expanding information society

Governance and information governance ought to be an integral part of any government or organisations information and business strategy. More than ever before information and knowledge can be produced, exchanged, shared and communicated through many different mediums. Whilst sharing information and knowledge provides many benefits it also provides many challenges and risks to governments, global organisations and the individual citizen. Information governance is one element of a governance and compliance programme, but an increasingly important one, because many regulations apply to how information is managed and protected from theft and abuse, much of which resides with external agencies usually outside the control of the individual citizen. This paper explores some of the compliance and quality issues within governance and information governance including those ethical concerns as related to individual citizens and multiple stakeholders engaged directly or indirectly in the governance process

Decent Work and the Informal Economy

employment, governance, ILO, indicators, informal sector, representation, rights, social protection

Disaster response and climate change in the Pacific

AbstractDisasters, and therefore disaster response, in the Pacific are expected to be affected by climate change. This research addressed this issue, and focused on the immediate humanitarian needs following a disaster, drawing upon adaptive capacity as a concept to assess the resilience of individual organisations and the robustness of the broader system of disaster response. Four case study countries (Fiji, Cook Islands, Vanuatu and Samoa) were chosen for deeper investigation of the range of issues present in the Pacific. The research process was guided by a Project Reference Group, which included key stakeholders from relevant organisations involved in Pacific disaster response to guide major decisions of the research process and to influence its progression.Given the complexity of issues involved, including the contested definitions of adaptive capacity, the research team developed a conceptual framework to underpin the research. This framework drew upon concepts from a range of relevant disciplines including Earth System Governance, climate change adaptation, health resources, resilience in institutions and practice theory. Objective and subjective determinants of adaptive capacity were used to assess the ‘disaster response system’, comprised of actors and agents from government and non-government sectors, and the governance structures, policies, plans and formal and informal networks that support them.Results revealed the most important determinant of adaptive capacity in the Pacific to be communications and relationships, with both informal and formal mechanisms found to be essential. Capacity (including human, financial and technical); leadership, management and governance structures; and risk perceptions were also highly important determinants of adaptive capacity. The research also found that in small Pacific island bureaucracies, responsibility and capacity often rests with individuals rather than organisations. Leadership, trust, informal networks and relationships were found to have a strong influence on the adaptive capacity of organisations and the broader disaster response system.A common finding across all four case study countries affecting adaptive capacity was the limited human resources for health and disaster response more generally, both in times of disaster response and in day-to-day operations. Another common finding was the gap in psychosocial support after a disaster. Water, sanitation and hygiene (WASH) as an immediate post-disaster humanitarian need was relatively well established amongst responding organisations (although long term WASH issues were not resolved), while other humanitarian needs (health care, and food and nutrition) had varying stages of capacity – often limited by human, financial and technical resources. Adaptive capacity was therefore constrained by current gaps which need addressing alongside a future focus where risk is changing.Drawing on these and other findings, recommendations for addressing key determinants of adaptive capacity were developed for relevant stakeholder groups including policy makers and practitioners in the disaster and emergency response sectors in Australia and the Pacific

Managing the Ethical Dimensions of Brain-Computer Interfaces in eHealth: An SDLC-based Approach

A growing range of brain-computer interface (BCI) technologies is being employed for purposes of therapy and human augmentation. While much thought has been given to the ethical implications of such technologies at the ‘macro’ level of social policy and ‘micro’ level of individual users, little attention has been given to the unique ethical issues that arise during the process of incorporating BCIs into eHealth ecosystems. In this text a conceptual framework is developed that enables the operators of eHealth ecosystems to manage the ethical components of such processes in a more comprehensive and systematic way than has previously been possible. The framework’s first axis defines five ethical dimensions that must be successfully addressed by eHealth ecosystems: 1) beneficence; 2) consent; 3) privacy; 4) equity; and 5) liability. The second axis describes five stages of the systems development life cycle (SDLC) process whereby new technology is incorporated into an eHealth ecosystem: 1) analysis and planning; 2) design, development, and acquisition; 3) integration and activation; 4) operation and maintenance; and 5) disposal. Known ethical issues relating to the deployment of BCIs are mapped onto this matrix in order to demonstrate how it can be employed by the managers of eHealth ecosystems as a tool for fulfilling ethical requirements established by regulatory standards or stakeholders’ expectations. Beyond its immediate application in the case of BCIs, we suggest that this framework may also be utilized beneficially when incorporating other innovative forms of information and communications technology (ICT) into eHealth ecosystems

The national plan to reduce violence against women and their children 2010 – 2022

Released in 2011, this 12-year national plan was an COAG initiative supported by Commonwealth, state and territory governments working with the community and includeds the first three-year action plan. Over 12 years the National Plan aims to achieve: A significant and sustained reduction in violence against women and their children. The National Plan focuses on the two main types of violent crimes that have a major impact on women in Australia–domestic and family violence and sexual assault. Research shows there is a strong link between violence against women and their children and how people view the roles of women and men. The National Plan focuses on stopping violence before it happens in the first place, supporting women who have experienced violence, stopping men from committing violence, and building the evidence base so that we learn more about ‘what works’ in reducing domestic and family violence and sexual assault. These changes take time, which is why we need a long-term plan. Each of the four Action Plans build on each other over 12 years, and are designed so that we can look back at what has been achieved and refocus on what actions will make the most difference in the future

All-Payer Claims Database Development Manual: Establishing a Foundation for Health Care Transparency and Informed Decision Making

With support from the Gary and Mary West Health Policy Center, the APCD Council has developed a manual for states to develop all-payer claims databases. Titled All-Payer Claims Database Development Manual: Establishing a Foundation for Health Care Transparency and Informed Decision Making, the manual is a first-of its-kind resource that provides states with detailed guidance on common data standards, collection, aggregation and analysis involved with establishing these databases