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The area of 'health and human rights' is a new and emerging field
under international and European human rights law and health law.
Taking a 'health and human rights approach' means using
international, European, and national human rights law in relation
to a wide range of health issues, including access to healthcare,
health data protection, the quality of pharmaceutical drugs, as
well as medical-ethical issues, such as abortion and euthanasia.
Human rights law can play an important role in promoting and
protecting health, both nationally and internationally. It gives a
legal and moral dimension to existing health-related approaches,
and, as such, it can enrich other health-related disciplines,
including medical law, health law, bio-law, bio-ethics, public
health, and social medicine. There is, however, still very little
understanding of the various and multiple legal interfaces between
'health' and 'human rights, ' and of the implications of this
approach for legal research and practice. To fill this gap. This
book examines the legal contents and implications of this new area
of the law. Its focus is on Europe, as the European context raises
specific questions, not only from a legal and a political
perspective, but also in terms of health issues and health
outcomes. The book first discusses how European institutions (the
Council of Europe and the EU) deal with health and human rights. It
addresses a variety of themes and approaches that engage with
health and human rights links, including patient rights,
reproductive health, and issues surrounding death and dying.
Lastly, it discusses the position of a number of vulnerable groups,
in particular disabled persons, the elderly, and children. The
book's contributors have engaged in a prolific dialogue about the
issues involved, and this has resulted in a number of truly
interconnected chapters that together give a solid overview of the
legal perspectives. Health and Human Rights in Europe creates
clarity for those who wish to undertake further study in this area.
Further, it will guide practitioners through their health-related
cases, while law and policy makers can learn more about the
comparative legal dimensions of the health issues that they engage
with. *** "Inclusion of legal details about human rights, and
extensive referencing, renders this book invaluable for law and
policy makers. Public health practitioners will also find this an
interesting and informative read with a solid legal foundation." -
Health and Human Rights: An International Journal, February 14,
2013, www.hhropenforum.or
Reproduction has entered a new ice age: the ability to cryopreserve
reproductive cells, tissue and embryos are fundamentally changing
our understanding of what it means to be a reproductive citizen.
This book explores the ways in which visions of desirable
reproductive futures entangle with advances in freezing
technologies, with the authors situating their discussions of
cryo-fertility within the Scandinavian region, asking: * How does
cryopreservation help mobilize particular understandings of
reproductive time, reproductive rights and reproductive autonomy? *
What values are embedded within Scandinavian laws that seek to
regulate cryo-technologies? * How are frozen states enacted in
clinical settings and how do the women and men who freeze imagine
the preservation of reproductive parts? These questions demand a
collaborative approach. The authors empirically cut across the
arenas of bioethics/law, practices/experiences, and
culture/commerce in order to pin down often complex and
far-reaching answers.
'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.
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