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Books > Law > Laws of other jurisdictions & general law > Social law > Public health & safety law
This book is a critical analysis of several of the most disaster-prone regions in Asia. Its unique focus is on the legal issues in the phase of disaster recovery, the most lengthy and difficult stage of disaster response that follows the conclusion of initial emergency stage of humanitarian aid. In the stage of disaster recovery, the law decides the fate of reconstruction for the individual houses and livelihoods of the disaster-affected people and sets the limit of governmental support for them during the lengthy period of suspension of normal living until full recovery is obtained. Researchers who were participant-observers in the difficult recovery phase after the mega-disasters in Asia analyse the reality of the functions of law which often hinder, rather than foster, efforts to restore disaster victims' lives. The book collects research conducted with an emphasis on empirical approaches to legal sociology, including direct interviews with people affected by the disaster. It offers a holistic approach beyond the traditional sectionalism of legal studies by starting with a historical review and incorporating both spheres of public law and private law, in order to obtain a new perspective that can concurrently achieve disaster risk reductions and human-centered recoveries. With particular emphasis on the unexplored area of law in the post-disaster recovery phase, this book will attract the attention of students and scholars of disaster studies, legal studies, Asian studies, as well as those who work in the practice of disaster management.
This guide to the legal aspects of AIDS has been thoroughly revised. Written by experienced legal professionals under the auspices of Britain's major AIDS charity, it addresses areas of the law affected by AIDS, including: insurance, housing, employment, children and young people, and immigration. It examines all the legal needs of people with AIDS and HIV infection. The book includes a section on the medico-legal aspects of AIDS (such as antibody testing and the subject of informed consent) and a chapter on the legal and practical steps towards setting up a voluntary or charitable organization. Concise and accessible, this guide should be useful to counsellors, health and social workers, lawyers, welfare agency advisors and anyone who needs a legal rights guide to AIDS.
First Published in 2001. Routledge is an imprint of Taylor and Francis, an informa company.
Inspecting and Diagnosing Disrepair provides housing officers, surveyors, landlords, tenants, lawyers and environmental health inspectors with the essential information they need to record, diagnose and remedy disrepair. Pat Reddin presents technical information methodically, including useful diagrams to help readers to develop an understanding of building materials and structures and to advise and take action on disrepair. The book is fully up to date with the latest legislation and is essential reading for environmental health professionals, surveyors and students alike.
An Introduction to Health and Safety Law provides a clear, concise overview of health and safety law in the United Kingdom. With reference to the European Union, this book discusses criminal and civil liability at length to provide a clear understanding of this area of law which has been subject to change over the 20 years. Key case studies and statistical information on prosecutions, fines and enforcement notices help to contextualise health and safety law to provide students and professionals with a full understanding of health and safety law in the UK. This book includes chapters on: the legal framework criminal liability enforcement of criminal liability civil liability civil remedy subordinate legislation. This book is an essential reference for students studying towards NEBOSH qualifications and students studying at university level. It provides a comprehensive understanding of UK health and safety law and will be a useful reference when entering the professional field.
As the Single Market of 1992 comes into being, the need to develop an effective "social dimension" for that market has been acknowledged as a matter of pressing concern. Of the numerous initiatives already embarked upon by the European Commission in the context of that "social dimension", one of the most fundamental is the programme of measures designed to safeguard the health and safety of workers at their places of work. This volume presents the background to the programme of European Community initiatives, tracing the origins of a European policy on occupational health and safety and looking at the progressively expanding ambitions of Commission Action Programmes in this field. This brings the picture up to date to the measures adopted within the framework of the Community Charter of Fundamental Social Rights of Workers and includes consideration of the "Framework Directives" 80/1107/EEC and 89/391/EEC. Full texts of the relevant instruments making up the European Communities' Health and Safety Legislation are included in this work.
The Fire Safety and Risk Management Revision Guide: for the NEBOSH Fire Certificate is the perfect revision aid for students preparing to take their NEBOSH National Certificate in Fire Safety and Risk Management. As well as being a handy companion volume to the Fire Protection Association textbook Fire Safety and Risk Management: for the NEBOSH National Certificate in Fire Safety and Risk Management, it will also serve as a useful aide-memoire for those in fire safety roles. The book: provides practical revision guidance and strategies for students; highlights the key information for each learning outcome of the current NEBOSH syllabus; gives students opportunities to test their knowledge based on NEBOSH-style questions and additional exercises; provides details of publically available guidance documents that students will be able to refer to. The revision guide is fully aligned to the current NEBOSH syllabus, providing complete coverage in bite-sized chunks, helping students to learn and memorise the most important topics. Throughout the book, the guide refers back to the Fire Safety and Risk Management textbook, helping students to consolidate their learning.
Food safety has become a major concern for consumers in the developed world and Europe in particular. This has been highlighted by the recent spate of food scares ranging from the BSE (mad cow) crisis to Chinese melamine contamination of baby formula. To ensure food safety throughout Europe, stringent food safety standards have been put in place 'from farm to fork'. At the same time, poor African countries in the COMESA rely on their food exports to the European market to achieve their development goals yet have difficulty meeting the EU food safety standards. This book examines the impact of EU food safety standards on food imports from COMESA countries. It also critically examines both EU and COMESA food safety standards in light of the WTO SPS Agreement and the jurisprudence of the WTO panels and Appellate Body. The book makes ground-breaking proposals on how the standards divide between the EU and the COMESA can be bridged and discusses the impact of EU food safety standards on food imports from poor African countries.
For caregivers of deeply forgetful people: a book that combines new ethics guidelines with an innovative program on how to communicate and connect with people with Alzheimer's. How do we approach a "deeply forgetful" loved one so as to notice and affirm their continuing self-identity? For three decades, Stephen G. Post has worked around the world encouraging caregivers to become more aware of-and find renewed hope in-surprising expressions of selfhood despite the challenges of cognitive decline. In this book, Post offers new perspectives on the worth and dignity of people with Alzheimer's and related disorders despite the negative influence of "hypercognitive" values that place an ethically unacceptable emphasis on human dignity as based on linear rationality and strength of memory. This bias, Post argues, is responsible for the abusive exclusion of this population from our shared humanity. With vignettes and narratives, he argues for a deeper dignity grounded in consciousness, emotional presence, creativity, interdependence, music, and a self that is not "gone" but "differently abled." Post covers key practical topics such as: * understanding the experience of dementia * noticing subtle expressions of continuing selfhood, including "paradoxical lucidity" * perspectives on ethical quandaries from diagnosis to terminal care and everything in between, as gleaned from the voices of caregivers * how to communicate optimally and use language effectively * the value of art, poetry, symbols, personalized music, and nature in revealing self-identity * the value of trained "dementia companion" dogs At a time when medical advances to cure these conditions are still out of reach and the most recent drugs have shown limited effectiveness, Post argues that focusing discussion and resources on the relational dignity of these individuals and the respite needs of their caregivers is vital. Grounding ethics on the equal worth of all conscious human beings, he provides a cautionary perspective on preemptive assisted suicide based on cases that he has witnessed. He affirms vulnerability and interdependence as the core of the human condition and celebrates caregivers as advocates seeking social and economic justice in an American system where they and their loved ones receive only leftover scraps. Racially inclusive and grounded in diversity, Dignity for Deeply Forgetful People also includes a workshop appendix focused on communication and connection, "A Caregiver Resilience Program," by Rev. Dr. Jade C. Angelica.
From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle. Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances. This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully. Published with MARIE CURIE ACTIONS
In August of 2005, Hurricane Katrina hit the Gulf Coast of the United States, directly affecting 1.5 million people. Only one year earlier, an Indian Ocean tsunami struck Indonesia, destroying or damaging more than 370,000 homes. As forces of nature, hurricanes, tsunamis, earthquakes and floods are not limited to occurrences in any one community or any one country. In Law and Recovery from Disaster: Hurricane Katrina, attention is focused on the ability of law and legal institutions to not only survive such disasters but to effectively facilitate recovery. Using Hurricane Katrina as a lens, contributors address a wide range of issues of interest to people concerned about property law, disaster preparedness, housing, insurance, small business recovery, land use planning and the needs of people with disabilities. While Hurricane Katrina is the focal point for discussion, the lessons learned are readily applicable to a variety of disaster situations in a wide range of global settings.
Public health has never been more important, or more controversial. What states do, and fail to do, makes a significant difference to the lives we are able to lead. Putting public health first would allow improvements to the health of everyone, especially the worst off. Yet many citizens actively oppose state interference to improve population health, complaining that it encroaches on personal liberty. How should policymakers reconcile these conflicting priorities? This groundbreaking book argues that philosophy is not just useful, but vital, for thinking coherently about priorities in health policy and public policy. Novel, theoretically rigorous, yet practical, Philosophy for Public Health and Public Policy examines why it is so common for public policies to fail in practice to improve the problems they aim to solve, and what to do about this. It argues that a shift to complex systems approaches to policymaking is overdue. Philosophers need to become much more attuned to the contingency and messiness of real world policymaking, and to the ways in which philosophical tools such as thought experiments are frequently unreliable. This book also provides an ethical framework for public health policy. It argues that public health is a right of citizens, alongside more familiar rights such as liberty and security. Public health should not be thought of merely as interference with the rights that individuals have, but as necessary to protect these rights. Chapters explore implications for resource allocation, personal responsibility, health equity, and the control of communicable disease.
An Introduction to Health and Safety Law provides a clear, concise overview of health and safety law in the United Kingdom. With reference to the European Union, this book discusses criminal and civil liability at length to provide a clear understanding of this area of law which has been subject to change over the 20 years. Key case studies and statistical information on prosecutions, fines and enforcement notices help to contextualise health and safety law to provide students and professionals with a full understanding of health and safety law in the UK. This book includes chapters on: the legal framework criminal liability enforcement of criminal liability civil liability civil remedy subordinate legislation. This book is an essential reference for students studying towards NEBOSH qualifications and students studying at university level. It provides a comprehensive understanding of UK health and safety law and will be a useful reference when entering the professional field.
Food contact materials such as packaging, storage containers and processing surfaces can pose a substantial hazard to both food manufacturer and consumer due to the migration of chemicals or other substances from the material to the food, which can cause tainting of flavours and other sensory characteristics, or even illness. This book reviews the main materials used for food contact in terms of the global legislation in place to ensure their safe and effective use. Part One provides an overview of food contact legislation issues such as chemical migration and compliance testing. Part Two looks in detail at the legislation for specific food contact materials and their advantages, hazards and use in industry.
Analyzing the level of claims for clinical negligence in the light of the most recent trends and discovering whether there is indeed a litigation crisis in healthcare, this book is a topical and compelling exploration of healthcare and doctor-patient relationships. The author:
Covering the topics of medicine and the media and the causes of occupational stress among doctors, this volume is a must read for all students of medical law and medical ethics.
Occupational safety and health management theory is now rightly
focused on pro-activity, risk assessment and management. But it
remains important that organizations know what they need to do when
accidents happen, both to comply with legislation and to extract
all the information from the incident to improve their health and
safety management.
From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle. Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances. This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully. Published with MARIE CURIE ACTIONS
This book explores the theoretical basis of precontractual liability for the unilateral breaking-off of negotiations from a comparative perspective. It argues that, in the selected civil law jurisdictions (Germany, France and Chile), the true basis of this liability is the notion of 'reliance' and it distinguishes two dimensions of reliance: 'trust-based' and 'expectation-based'. For the selected civil law jurisdictions it can be observed that trust-based reliance merges with the general principle of good faith and that the expectation dimension emanates from the trust-dimension. Therefore, Reliance in the Breaking-Off of Contractual Negotiations argues that this innovative theoretical approach to the foundations of precontractual liability could have important practical consequences in jurisdictions that do not embrace a general principle of good faith, such as English law. If the analysis is shifted from good faith to the notion of reliance, English law could develop a less fragmented approach and encompass cases that are currently devoid of protection. How legal changes could be implemented without establishing a general principle of precontractual liability is explored in the final chapter of the book. In a constantly evolving world where international trade is ever-growing, precontractual liability, particularly for breaking off negotiations, is a topic of constant development by legal scholars and the judiciary and of increasing importance for practitioners, judges and academics, with significant consequences for negotiating contracts both at a national and at a transnational level.
How do policy and politics influence the social conditions that generate health outcomes? Reduced life expectancy, worsening health outcomes, health inequity, and declining health care options-these are now realities for most Americans. However, in a country of more than 325 million people, addressing everyone's issues is challenging. How can we effect beneficial change for everyone so we all can thrive? What is the great equalizer? In this book, Daniel E. Dawes argues that political determinants of health create the social drivers-including poor environmental conditions, inadequate transportation, unsafe neighborhoods, and lack of healthy food options-that affect all other dynamics of health. By understanding these determinants, their origins, and their impact on the equitable distribution of opportunities and resources, we will be better equipped to develop and implement actionable solutions to close the health gap. Dawes draws on his firsthand experience helping to shape major federal policies, including the Affordable Care Act, to describe the history of efforts to address the political determinants that have resulted in health inequities. Taking us further upstream to the underlying source of the causes of inequities, Dawes examines the political decisions that lead to our social conditions, makes the social determinants of health more accessible, and provides a playbook for how we can address them effectively. A thought-provoking and evocative account that considers both the policies we think of as "health policy" and those that we don't, The Political Determinants of Health provides a novel, multidisciplinary framework for addressing the systemic barriers preventing the United States from becoming the healthiest nation in the world.
Commercial chemicals contribute to our social welfare, yet can pose serious problems for the environment. How do we recognise these problems? How do we manage them? How do we objectively balance environmental risks with social benefits? This book describes the principles and practices of ecological risk assessment and cost-benefit analysis, asking key but challenging questions such as what are we trying to protect? and how do we undertake a cost-benefit analysis?. It also shows how these principles are written into legislation. The emphasis is on the EU Directives and Regulations, with a chapter on the instruments and institutions involved; but this is balanced by a review of US and International policies and legislation. In conclusion, the discussion returns to the question of attempting to balance risks with benefits, particularly in the context of the development of sustainable and globally practicable chemical control policies. The text is supplemented by a glossary that defines the inevitably large number of abbreviations and acronyms used by environmental policy-makers and regulators. The book is intended for all those who have an interest in industrial chemicals, but who need an overview of pollution and pollution control issues. It will provide an excellent reference tool for undergraduates in Environmental Science, and Policy-Makers and Environmental Consultants in the areas of ecology, ecotoxicology and risk assessment.
Health is indispensable for living a life of dignity. Currently, there is an almost universal commitment to the right to health (care). However, despite the growing legal recognition of this right, empirical evidence suggests that, as a whole, the implementation of the right to health (care) remains largely rhetorical at the domestic level. For example, although China ratified the International Covenant on Economic, Social and Cultural Rights in 2001, relatively little attention has been paid to the domestic implementation of the right to health (care). Violations of this right were also identified in reality. Given that China's health care reform is entering the so-called 'deep-water' zone, it is essential for the Chinese government to investigate how to guarantee everyone equal access to health care.Advancing the Right to Health Care in China analyses the role of accountability, a Western concept that has recently been introduced to China, in advancing the right to health care in light of China's unique political, legal and social background. In doing so, this book synthesises two different concepts: (1) the right to health; and (2) accountability, and integrates them into an analytical framework for 'right to health-based accountability'. It further provides a greater understanding of accountability and the various forms of accountability mechanisms that should be established by States. More specifically, it establishes a constructive accountability model that can be applied to specific health concerns in China, as well as in other countries, particularly those with non-electoral regimes.This book first systematically evaluates the status quo of the legislative and policy measures China has taken to give effect to the right to health care within its jurisdiction. It then identifies the shortcomings in Chinas domestic implementation of this right and seeks to address the remaining challenges through the lens of accountability. This book concludes with a set of recommendations for Chinese law- and policy-makers for implementing China's obligations under the right to health care through its draft Basic Health Law.
What our health data tell American capitalism about our value-and how that controls our lives. Afterlives of Data follows the curious and multiple lives that our data live once they escape our control. Mary F. E. Ebeling's ethnographic investigation shows how information about our health and the debt that we carry becomes biopolitical assets owned by healthcare providers, insurers, commercial data brokers, credit reporting companies, and platforms. By delving into the oceans of data built from everyday medical and debt traumas, Ebeling reveals how data about our lives come to affect our bodies and our life chances and to wholly define us. Investigations into secretive data collection and breaches of privacy by the likes of Cambridge Analytica have piqued concerns among many Americans about exactly what is being done with their data. From credit bureaus and consumer data brokers like Equifax and Experian to the secretive military contractor Palantir, this massive industry has little regulatory oversight for health data and works to actively obscure how it profits from our data. In this book, Ebeling traces the health data-medical information extracted from patients' bodies-that are digitized and repackaged into new data commodities that have afterlives in database lakes and oceans, algorithms, and statistical models used to score patients on their creditworthiness and riskiness. Critical and disturbing, Afterlives of Data examines how Americans' data about their health and their debt are used in the service of marketing and capitalist surveillance.
In the spring of 2000, the Israel Medical Association called a doctors' strike in all hospitals and HMO-type clinics in Israel. After being on strike for over ten weeks, the parties entered mediation under the auspices of the Israeli government. This book recounts the mediation process. It includes rich and colorful descriptions of the participants, the dispute and its history, and provides insightful analyses of milestones in the mediation process. Various themes typical of public policy dispute mediations are highlighted and analyzed, including: media coverage; politicians; who sits at the negotiation table; lawyers; the mindset of the mediator; and confidentiality. This case study will provide guidance and insights to disputants, lawyers, negotiators, mediators, ADR practitioners and researchers, and government officials. The study can also be used as a classroom text for classes in industrial relations, health care, government, communications, law, and economics.
Noncommunicable diseases (NCDs) - including cardiovascular disease, diabetes, asthma and other chronic respiratory conditions, and cancers - are the leading causes of death worldwide. An estimated 36 million people die from such diseases each year; this represents roughly two out of three deaths globally. Eighty percent of these fatalities occur in developing countries. The statistics are staggering, yet millions of these deaths are preventable. This is an urgent global health issue that demands analysis of gaps in NCD research, new policies and practices, and actionable recommendations to close the gaps. The Johns Hopkins Institute for Applied Economics, Global Health, and the Study of Business Enterprise convened an NCD Working Group of leading scholars to examine a wide range of issues that both the private and public sectors must address to make sustainable progress in NCD prevention and treatment in lower- and middle-income countries. Collected in this volume are essays on five key areas where strengthened policies and health systems can have the most impact in the near future. Features: accelerating regulatory harmonization; structuring supply chains; improving access to interventions; restructuring primary care; and promoting multisectoral and intersectoral action. While there is a growing literature on the problem of NCDs, none of the available studies provides background on the range of challenges matched with specific steps that can be taken by the public sector, private sector, and civil society working together. Noncommunicable Diseases in the Developing World presents a framework for understanding the salience of specific policy recommendations and detailed steps that can be taken now to move forward in the global campaign against NCDs. This book will be of interest to practitioners, scholars, and students in public health as well as those framing and implementing health policies in the private and public sectors. |
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