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The overall theme of this volume is the understanding of human
dignity, autonomy, and human rights in health care and social
services in modern welfare states, with special reference to the
Nordic countries. Focus is put on vulnerable groups such as
children, individuals with cognitive impairment or mental illness,
and persons with physical disabilities. Experts from different
disciplines identify the ethical and legal dilemmas in modern
welfare services and describe how basic values and/or rights come
in conflict in concrete situations. Of particular interest is how
the human rights perspective challenges the policies and
regulations of modern welfare states while at the same time
providing the overall normative direction for solving ethical,
legal, and social conflicts or shortcomings. Although the human
rights perspective is the most dominant, insights from philosophy
and the social sciences provide both a necessary and fruitful
supplement to the legal approach. The volume will be of interest
for academics, researchers, and students in the field of health
care ethics, human rights, and welfare state policies. It presents
a challenging outlook on dilemmas that are characteristic for the
modern welfare state in general, and for the Nordic countries in
particular, and it will give the reader important insights and
references for further studies.
Juridification refers to a diverse set of processes involving
shifts towards more detailed legal regulation, regulations of new
areas, and conflicts and problems increasingly being framed in
legal and rights-oriented terms. What impact do these international
and national regulations have upon vulnerable groups in terms of
inclusion, exclusion and social citizenship? The nature and effects
of current juridification processes are hotly debated amongst
social scientists and legal scholars.Bringing empirical analysis
and multidisciplinary, comparative perspectives to the previously
fragmented and largely theoretical debate on juridification in the
welfare state, this book asks key questions such as: To what extent
do international human rights norms secure basic welfare services
to vulnerable groups?; How do different regulations affect
democratic participation?; What is the role of professionals in the
distribution of welfare services? Researchers, students and
academics with an interest in law, human rights, social policy and
the role of professionals in the welfare state will find much of
value in this book. Contributors: H.S. Aasen, S. Bothfeld, L.
Brandt, B. Bringedal, S. Bygnes, K. Baeroe, C. Cappelen, T.
Eidsvaag, K.J. Fredriksen, O. Ferraz, R. Gargarella, S. Gloppen, E.
Le Bruyn Goldeng, A. Kjellevold, S. Kremer, I.R. Lundeberg, A.-M.
Magnussen, K. Mjaland, O. Maestad, E. Nilssen, L. Rakner, P.
Stephens, H. Stokke, W. van Rossum
'Health and human rights' is an important dimension of
international and European human rights and health law. It is
multi-disciplinary, engaging scholars and practitioners of public
health and medicine, as well as legal scholars and human rights
lawyers. Taking a 'health and human rights approach' means applying
international, regional and domestic human rights law to a wide
range of health-related issues. Human rights law informs other
areas of law that engage with health issues, including
international and domestic health law, biolaw and bioethics,
patients' rights, and environmental law. It brings a new, and often
more international, as well as a moral dimension to existing legal
analyses of health issues. This is essential in an increasingly
interconnected and globalised world, where health concerns are
omnipresent and can no longer be addressed solely at a domestic
level. This book focuses on the legal interfaces between 'health'
and 'human rights', taking both a global as well as a European
approach. Globally, there are tremendous challenges when it comes
to the protection of collective and individual health. Such
challenges include weak (primary) healthcare systems, the spread of
infectious diseases, such as COVID-19, and the increase of
noncommunicable diseases (NCDs), as well as the health effects of
air pollution and climate change. In such settings, human rights
can, potentially, play an important role in protecting the rights
of vulnerable individuals. It is a compelling framework for
assessing these and other questions in the health field, as it
couples health-related problems with a legal and moral dimension.
The international recognition and definition of the 'right to
health' is at the centre of this, but there are many other relevant
human rights standards, including the right to life, the right to
respect for privacy and family life, and the right to have access
to information. International case law in the health field has made
its mark when it comes to matters like access to health services,
abortion, and inhuman and degrading treatment in health settings.
Increasingly, links are being sought between human rights and other
international standards protecting health, in particular the
standards adopted by the World Health Organization (WHO). The
European context is, to some extent, a region sui generis, not only
in terms of health issues and health outcomes, but also from a
political and legal perspective. The authoritative case law of the
European Court of Human Rights (ECtHR) of the Council of Europe has
increasingly touched upon health-related issues. Health and Human
Rights brings together contributions from human rights and health
law experts from three different countries in Northern Europe.
Together, the chapters give a rich account of the legal and
interdisciplinary aspects and perspectives related to 'health and
human rights'. This book is of interest to lecturers, students,
practitioners and law- and policymakers and offers up-to-date
analyses of crucial human rights issues in modern healthcare,
practices and regulations in Europe and beyond.
As an instrument which addresses the circumstances which affect
women's lives and enjoyment of rights in a diverse world, the CEDAW
is slowly but surely making its mark on the development of
international and national law. Using national case studies from
South Asia, Southern Africa, Australia, Canada and Northern Europe,
Women's Human Rights examines the potential and actual added value
of the Convention on the Elimination of All Forms of Discrimination
against Women in comparison and interaction with other equality and
anti-discrimination mechanisms. The studies demonstrate how state
and non-state actors have invoked, adopted or resisted the CEDAW
and related instruments in different legal, political, economic and
socio-cultural contexts, and how the various international,
regional and national regimes have drawn inspiration and learned
from each other.
As an instrument which addresses the circumstances which affect
women's lives and enjoyment of rights in a diverse world, the CEDAW
is slowly but surely making its mark on the development of
international and national law. Using national case studies from
South Asia, Southern Africa, Australia, Canada and Northern Europe,
Women's Human Rights examines the potential and actual added value
of the Convention on the Elimination of All Forms of Discrimination
against Women in comparison and interaction with other equality and
anti-discrimination mechanisms. The studies demonstrate how state
and non-state actors have invoked, adopted or resisted the CEDAW
and related instruments in different legal, political, economic and
socio-cultural contexts, and how the various international,
regional and national regimes have drawn inspiration and learned
from each other.
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