Compulsory Vaccination of Government Employees in the Light of Domestic and International Law

COVID-19 disease has shocked the lives of developed and developing societies and has affected various aspects of individual and social life of citizens by creating devastating and irreparable effects. While everyone was counting down the hours to get treatment for the disease, the unveiling of emergency-licensed vaccines sparked a variety of social and legal issues. In Iran, according to the decision of the National Corona Management Headquarters, government employees along with some other groups of people were obliged to be vaccinated, and absenteeism was the punishment of deniers. Consequently, legal validity of these enactments has also been discussed by scholars. Clarifying the position of domestic law and international human rights regarding mandatory vaccination can have an effect on persuading citizens and whether or not to do vaccination. Central issue of the following research is the evaluation of compulsory vaccination according to the provisions of Iranian law and the rules of international human rights. Based on the library resources and in a descriptive-analytical method, it was concluded that according to the laws and regulations of Iran, the obligation to vaccinate and in particular the provision of punishment is within the competence of the Parliament and according to the Charter of Patients' Rights, they were required to provide information about the vaccine and its effects, and to monitor the health status of individuals during and after the injection. In international law, it is also possible to make specific treatments mandatory, such as vaccinations under the right to health, in order to guarantee the right to life in the event of an epidemic. In addition, although this requirement conflicts with citizens' right to privacy, international law provides for restrictions on individual rights to ensure public health, subject to conditions such as appropriateness and necessity. © 2022 Iran University of Medical Sciences. All rights reserved.

The right to healthcare during the covid-19 pandemic under the European Convention on human rights

The article presents the challenges exposed by the COVID-19 pandemic from a European perspective, especially its consequences in light of the European Convention on Human Rights' (ECHR) guarantees of the right to health. It is the first attempt to comprehensively examine these challenges for the State Parties of the ECHR. The right to health has traditionally been included in the second generation of human rights;therefore, presumably, it does not in itself give rise to any specific rights for an individual. However, the European Court on Human Rights (ECtHR) has recently been linking the right to health with specific provisions of the European Convention on Human Rights, in particular with Articles 2, 3, and 8. We analyse the Court's relevant rulings and their possible consequences for the assessment of the actions taken by the States Parties in order to fight COVID-19, with special emphasis on possible State responsibility for violating the Convention. This can happen when the State's actions result in different levels of health care access available to different groups of patients (patients with COVID-19 and patients with other conditions). The analysis reveals the weakness of the approach taken by ECtHR in the face of the COVID-19 pandemic. Summary: 1. Introduction;2. Health care and the fight against covid-19 in light of the ECHR;2.1. Article 2 of the ECHR;2.2. Article 3 of the ECHR;2.3. Article 8 of the ECHR 3. The convention and the 'herd immunity' strategy;4. The fight against covid-19;dancing on a minefield;5. Concluding remarks [ FROM AUTHOR] Copyright of International Journal of Human Rights is the property of Routledge and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full . (Copyright applies to all s.)

The New Constitutional Process of the Protection Action in Virtual Modality for the Fundamental Right to Health Protection in Times of COVID – 19

This research article is the product of the research study called "The fundamental right to health effectiveness in the virtual constitutional process context in times of COVID-19 in Colombia”, whose first objective is to recognize the new constitutional process of the protection action under the virtual modality for the fundamental right to health protection. Thus, this article will describe the advances of this research which seeks to recognize the characteristics of this new constitutional process for the fundamental right to health protection, created by the Agreements issued by the Superior Council of the Judicature. This research was developed under a qualitative approach and a hermeneutical method that sought to comprehensively understand the meaning of the writings related to the subject while preserving their uniqueness, through analysis matrixes that allow to decompose the texts to understand them. As partial results, it can be observed that the new "constitutional process of virtual protection action” represents flexibility in a context of ductility where adaptation mediated by ICTs has allowed the assurance of fundamental rights through the non-suspension of terms of protection actions, to file the action by email, prevalence of the fundamental right to life, health, and liberty, among others. © 2022, Universidad Pontificia Bolivariana. All rights reserved.

North Thames multi-centre service evaluation: Ethical considerations during COVID-19.

Objectives: During the COVID-19 pandemic, healthcare resources including staff were diverted from paediatric services to support COVID-positive adult patients. Hospital visiting restrictions and reductions in face-to-face paediatric care were also enforced. We investigated the impact of service changes during the first wave of the pandemic on children and young people (CYP), to inform recommendations for maintaining their care during future pandemics. Design: A multi-centre service evaluation was performed through a survey of consultant paediatricians working within the North Thames Paediatric Network, a group of paediatric services in London. We investigated six areas: redeployment, visiting restrictions, patient safety, vulnerable children, virtual care and ethical issues. Results: Survey responses were received from 47 paediatricians across six National Health Service Trusts. Children's right to health was largely believed to be compromised by the prioritisation of adults during the pandemic (81%; n = 33). Sub-optimal paediatric care due to redeployment (61%; n = 28) and the impact of visiting restrictions on CYP's mental health (79%; n = 37) were reported. Decreased hospital attendances of CYP were associated with parental fear of COVID-19 infection-risks (96%; n = 45) and government 'stay at home' advice (89%; n = 42). Reductions in face-to-face care were noted to have disadvantaged those with complex needs, disabilities and safeguarding concerns. Conclusion: Consultant paediatricians perceived that paediatric care was compromised during the first wave of the pandemic, resulting in harm to children. This harm must be minimised in subsequent pandemics. Recommendations for future practice which were developed from our findings are provided, including maintaining face-to-face care for vulnerable children.

Lodestar in the Time of Coronavirus? Interpreting International Obligations to Realise the Right to Health During the COVID-19 Pandemic

While the right to health has gained significant momentum in international law over the past two years, there is little clarity on what it means for States to comply with this right in times of COVID-19. Taking Articles 2(1) and 12 of the International Covenant on Economic, Social and Cultural Rights as a starting point, our article follows an approach guided by the rules of treaty interpretation under the Vienna Convention on the Law of Treaties to suggest how right to health obligations to prevent, treat and control infectious diseases should be interpreted in relation to COVID-19, and how these obligations interact with general obligations of immediacy, progressive realisation, minimum core and international assistance and cooperation in this context. This article makes a novel contribution to clarifying the right to health during COVID-19, thus enhancing capacity for the oversight of this right;its incorporation in global health law;and the understanding of its corresponding obligations in future global health emergencies. © 2023 The Author(s) [2023].

Global Health Governance between Hard and Soft Law: The Challenges of Pharmaceutical Companies Social Responsibility

The debate on the relationship between business and human rights has gradually grown in institutional and doctrinal terms, as well as the recognition that mechanisms to promote the social responsibility of these private actors are lacking. In this context, this study investigates the limits and possibilities of the corporate social responsibility (CSR) of transnational pharmaceutical companies for the unequal access to essential medicines in the global South, a reality aggravated in pandemic contexts such as HIV/AIDS and COVID-19. To this end, it discusses the actors, factors and processes of global health governance and debates some CSR strategies in the light of those elements. Methodologically, the study makes a review of the specialized literature, document and primary data analysis and conducts a normative approach of the topic. © 2023 Universidad Nacional Autonoma de Mexico. All rights reserved.

The Global Health Architecture: Governance and International Institutions to Advance Population Health Worldwide.

Policy Points Global health institutions and instruments should be reformed to fully incorporate the principles of good health governance: the right to health, equity, inclusive participation, transparency, accountability, and global solidarity. New legal instruments, like International Health Regulations amendments and the pandemic treaty, should be grounded in these principles of sound governance. Equity should be embedded into the prevention of, preparedness for, response to, and recovery from catastrophic health threats, within and across nations and sectors. This includes the extant model of charitable contributions for access to medical resources giving way to a new model that empowers low- and middle-income countries to create and produce their own diagnostics, vaccines, and therapeutics-such as through regional messenger RNA vaccine manufacturing hubs. Robust and sustainable funding of key institutions, national health systems, and civil society will ensure more effective and just responses to health emergencies, including the daily toll of avoidable death and disease disproportionately experienced by poorer and more marginalized populations.

Lodestar in the Time of Coronavirus? Interpreting International Obligations to Realise the Right to Health During the COVID-19 Pandemic

While the right to health has gained significant momentum in international law over the past two years, there is little clarity on what it means for States to comply with this right in times of COVID-19. Taking Articles 2(1) and 12 of the International Covenant on Economic, Social and Cultural Rights as a starting point, our article follows an approach guided by the rules of treaty interpretation under the Vienna Convention on the Law of Treaties to suggest how right to health obligations to prevent, treat and control infectious diseases should be interpreted in relation to COVID-19, and how these obligations interact with general obligations of immediacy, progressive realisation, minimum core and international assistance and cooperation in this context. This article makes a novel contribution to clarifying the right to health during COVID-19, thus enhancing capacity for the oversight of this right;its incorporation in global health law;and the understanding of its corresponding obligations in future global health emergencies.

[Influence of the social deprivation index on outcomes during the COVID-19 pandemic]. / Influencia del índice de privación social en resultados durante la pandemia de COVID-19.

OBJECTIVE: To see the relationship between the population deprivation index and the use of the health services, adverse evolution and mortality during the COVID-19 pandemic. METHOD: Retrospective cohort study of patients with SARS-CoV-2 infection from March 1, 2020 to January 9, 2022. The data collected included sociodemographic data, comorbidities and prescribed baseline treatments, other baseline data and the deprivation index, estimated by census section. Multivariable multilevel logistic regression models were performed for each outcome variable: death, poor outcome (defined as death or intensive care unit), hospital admission, and emergency room visits. RESULTS: The cohort consists of 371,237 people with SARS-CoV-2 infection. In the multivariable models, a higher risk of death or poor evolution or hospital admission or emergency room visit was observed within the quintiles with the greatest deprivation compared to the quintile with the least. For the risk of being hospitalized or going to the emergency room, there were differences between most quintiles. It has also been observed that these differences occurred in the first and third periods of the pandemic for mortality and poor outcome, and in all due for the risk of being admitted or going to the emergency room. CONCLUSIONS: The groups with the highest level of deprivation have had worse outcomes compared to the groups with lower deprivation rates. It is necessary to carry out interventions that minimize these inequalities.

Towards A new model of global health justice: the case of COVID-19 vaccines.

This paper questions an exclusively state-centred framing of global health justice and proposes a multilateral alternative. Using the distribution of COVID-19 vaccines to illustrate, we bring to light a broad range of global actors up and down the chain of vaccine development who contribute to global vaccine inequities. Section 1 (Background) presents an overview of moments in which diverse global actors, each with their own priorities and aims, shaped subsequent vaccine distribution. Section 2 (Collective action failures) characterises collective action failures at each phase of vaccine development that contributed to global vaccine disparities. It identifies as critical the task of establishing upstream strategies to coordinate collective action at multiple stages across a range of actors. Section 3 (A Multilateral model of global health governance) takes up this task, identifying a convergence of interests among a range of stakeholders and proposing ways to realise them. Appealing to a responsibility to protect (R2P), a doctrine developed in response to human rights atrocities during the 1990s, we show how to operationalise R2P through a principle of subsidiarity and present ethical arguments in support of this approach.

Sources of law and the relevance of administrative circulars in pandemic emergency governance

The paper addresses the issue of the place in the law system of administrative circulars, starting from the wide use that has been made of this tool during the Covid-19 pandemic emergency governance. In this context, the author reflects on the possible risks for the stability of the constitutional State due to the ability of the administrative circulars to assume substantially normative value and to affect constitutionally guaranteed rights. © 2023, Societa Editoriale Federalismi s.r.l.. All rights reserved.

Struggles and discourses for the right to health in times of pandemic: a demand in motion?

The global pandemic situation of recent years has led to focus on health systems. In Colombia, before and during the health emergency, conflicts and mobilizations have been generated around the right to health and its concomitant debate on the way the General Social Security Health System was conceived. This research article situates the reader in the assessment made by the subaltern sectors of the health system, reviewing their demands and proposals. It also provides a critical perspective on the hegemonic struggle that is currently taking place in the health field. The text was constructed from an interpretative and critical epistemological perspective, and a qualitative approach. It combined techniques as participant observation, analysis of the speeches and pronouncements of activists posted on social networks, by dissimilar trade union, and community organizations, as well as conferences, lectures, and academic papers published in alternative journals or newspapers in recent years © 2023, Revista Colombiana de Sociologia.All Rights Reserved.

The social security system in health in Colombia and the noncompliance of the principles of universality, solidarity and integrality

The current Pandemic has exposed the crisis in the health system and the urgency that, once the trance is over, structural problems be addressed to increase the quality and opportunity of access to the health system. This article seeks to analyze whether, during the pandemic, the principles of universality, solidarity and integrality, established in the General System of Social Security in Health and that respond to the content of the Political Constitution of 1991, were ignored. For the above, the proposed objectives correspond to the review of the current state of health care and the elements available to the State in the face of the health crisis, to understand the dangers that a global crisis such as Covid-19 can represent for compliance with the principles of the Social Security System in Health in Colombia, as well as the implications in the paradigm shift from a health model as a public policy to a fundamental right, to finally analyze the right to health of the elderly in the face of the pandemic. The social security health system in Colombia was not designed to deal with crises like the current one, and fortunately there have not been the mortality rates that were expected. However, it is necessary to rethink the rights around the health care of the vulnerable population in catastrophic situations, since the government risk of violating the enjoyment of life in decent conditions is latent, given the potential prioritization of intermediate care. and intensive in health centers in the face of the crisis generated by the Coronavirus pandemic. © 2022, Corporacion Universitaria Republicana. All rights reserved.

Ethical Review of the Impact of Changes to Healthcare Services on Children and Young People during the First Wave of the Coronavirus Disease 2019 (Covid-19) Pandemic

Background Changes to paediatric services during the Coronavirus disease 2019 (COVID-19) pandemic potentially challenged children's fundamental right to health. As COVID-19 has presented with greater morbidity and mortality in adults than in children healthcare resources including staff were diverted from paediatric services to support adult care. Infection- control measures were also implemented including hospital visiting restrictions and reduced face-to-face paediatric care. Objectives We investigated paediatricians' perceptions around the impact of changes to paediatric services during the first wave of the COVID-19 pandemic on children and young people (CYP) to develop recommendations for maintaining their care during subsequent pandemics. Methods A multi-centre service evaluation was conducted through surveying consultant paediatricians working within the North Thames Paediatric Network a cohort of paediatric services in London. Results Forty-seven consultant paediatricians across six National Health Service trusts completed the survey. Lower quality of paediatric care due to redeployment was reported (61%;n=28) alongside consequences of visiting restrictions for CYP's mental health (79%;n=37). Fewer hospital attendances of CYP were linked to caregivers' fear of COVID-19 infection-risks (96%;n=45) and government 'stay at home' messages (89%;n=42). Although 52% (n= 24) relayed that care accessibility had improved with virtual formats inequities for those with reduced technological access or skills were noted (83%;n=38). Risk of harm to children with complex needs disabilities and safeguarding concerns was reported due to reductions in face-to-face care. Paediatricians largely perceived that the prioritisation of adults during the pandemic had compromised children's right to health (81%;n=33). Conclusion Consultant paediatricians raised concern around poorer quality and accessibility of paediatric care during the pandemic's first wave and resulting harm occurring to children. In future pandemics children's welfare must receive greater consideration and support. Recommendations for future practice are provided based upon our findings including maintaining face-to-face consultations with vulnerable and disadvantaged children.

The COVID-19 pandemic, the prisoner, and the judge: A study of complaints brought forth by prisoners in France during the health crisis

• This article concerns the complaints brought forth in France during the COVID-19 pandemic by certain prisoners seeking to challenge the conditions of their imprisonment. With direct access to the administrative decision databases, a full analysis of the complaints lodged by prisoners before the administrative courts reveals two key aspects: poor protection of the right to health of prisoners, and the weakness of the judicial control exercised by administrative judges. This socio-legal inquiry supports two hypotheses: that COVID-19 pandemic governance reveals the contradictions inherent to the right to health in prisons, and that the control of contagion underpins a hierarchy between individuals with regard to their legal statuses. © The Author(s) 2022.

Barriers to health care services among US-based undocumented Latinx immigrants within the sociopolitical climate under the Trump administration: A comparative analysis between client experiences and provider perceptions

As President Biden's administration works towards a 'fair and humane' immigration overhaul, it becomes critical to examine the implications of immigration policies/laws under the Trump administration on the well-being of undocumented residents to inform equitable reformations. We investigate challenges faced by undocumented Latinx immigrants in accessing health care services in the sociopolitical climate under the Trump administration. This study, which follows a similar study among frontline service providers, presents key findings from 23 in-depth interviews with Latinx individuals. Understanding their experiences is necessary to advance access to health-promoting services and uphold the human right to health. Our study participants' narratives document multiple barriers to health care services, many notably exacerbated by increasingly restrictive immigration policies/laws and heightened punitive interior enforcement practices under the Trump administration. As the nation awaits equitable immigration reform, health care organizations should immediately incorporate, amplify, or alter programs/practices to facilitate access among their undocumented clients. Focused organizational changes have the potential to reduce unmet health needs, minimize financial burdens for families, and curtail potential public health threats, the latter a particularly imperative goal within the current COVID-19 pandemic. We also distill conclusions drawn from our interviews with clients and their convergence with and divergence from conclusions drawn from our related research with providers. While providers recognize the negative impact of sociopolitical factors on their clients' access to health care services, client experiences illuminate potential gaps in their understanding. Bridging understanding between providers and clients can improve access, utilization, and retention in health care services.Copyright © 2022 The Authors

A VACINAÇÃO CONTRA A COVID-19 ENQUANTO POLÍTICA PÚBLICA OBRIGATÓRIA PARA MITIGAÇÃO DA PANDEMIA

This research aimed to verify whether vaccination against Covid-19 should be considered a binding public policy in Brazil. According to Alexy's Fundamental Rights Theory (2015), the essential core of a fundamental right binds the State in absolute terms, since it is conveyed by a norm. To this end, the data from 53 countries, which on November 8, 2021, had exceeded 120 doses administered for every 100 people, were compared. From these data, based on a medical literature review and on observational studies, we conclude that vaccination is the most important measure for reducing the number of deaths from Covid-19 and the worsening of the disease, which can cause sequelae. Thus, vaccination against Covid-19 is an important measure to preserve life and a minimum level of human dignity, therefore it is an essential core of the right to health. © Este trabalho está licenciado sob uma licença Creative Commons Attribution-NonCommercial 4.0 International License. This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Implications of the Covid-19 mitigation model on people's right to health in Uganda

Purpose: The purpose of this paper is to review the approach used by the Ugandan Government in implementing the Covid-19 mitigation model and establish whether it did not expose government's failure to soundly protect and respect all her citizens' right to health during the first four months of the Covid-19 crisis in the country. Design/methodology/approach: The study was qualitative focusing on a population of households of vulnerable and chronically ill patients in Mukono and Wakiso districts of Uganda. The sample was identified through purposive and snowball sampling techniques. Purposive and snowball sampling was chosen for this study to select unique informative cases which were subjected to in-depth interviews. Findings: The findings of the study revealed that disadvantaged and vulnerable citizens of Uganda experienced severe and increased shortages of food, increased cases of ill-health, compromised ability and mobility to access health services as a result of the government's Covid-19 mitigation model. Research limitations/implications: The data collection exercise was conducted during the Covid-19 lockdown when the mobility was restricted to only essential services so data was collected in the two districts of Mukono and Wakiso in Uganda. Practical implications: Pandemic mitigation models ought to be people-centred executed by a multidisciplinary team which are empathetic towards the views of disadvantaged communities and thereby cultivate a culture of care over time. Social implications: Public health models and policies work more effectively if they are contextualized to work for both the high and low classes of people across the whole spectrum. Originality/value: Given this awareness of the Covid-19 mitigation model, this paper unveils the immediate consequential effects of the model considering the manner under which it was formulated and implemented in the Ugandan society. While the government implemented the model in exercise of its obligations, contextual factors had advance limitations to the efficacy of the model. Most significantly, among the expectant mothers, the old, the sick with terminal illnesses, the physically challenged and hunger-stricken families with no daily sources of income. (PsycInfo Database Record (c) 2023 APA, all rights reserved)

Social Accountability and Legal Empowerment Initiatives: Improving the Health of Underserved Roma Communities in Eastern Europe

Improving the protection of the right to health of ethnic Roma people is one of the most pressing public health challenges in contemporary Europe, as their life expectancy and health status remain significantly lower than their non-Roma counterparts. This paper analyzes Roma-led accountability initiatives that embrace social accountability and legal empowerment approaches to advocate for equitable fulfillment of the right to health. While these initiatives have led to the elimination of some harmful health practices (such as illegal cash bribes and violent and abusive treatment by medical professionals) and to improvements in health care, and some Roma communities have become driving forces for local and national health system reforms for advancing the fulfillment of health rights, the health inequalities affecting Roma communities remain significant. This issue also remains largely overlooked by European health research and policy experts, who are mostly reluctant to incorporate analyses of ethnicity and racialization into their research on health inequalities in Europe. The COVID-19 pandemic has further exacerbated these health inequalities.