Health and human rights
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Health and human rights · Jun 2021
Is Mandatory Vaccination for COVID-19 Constitutional under Brazilian Law?
Mandatory vaccination for COVID-19 has been the object of heated debate in Brazil. This article discusses the legality and constitutionality of such a policy. ⋯ The application of this method allows for the identification of key questions that need to be answered to determine the constitutionality of a mandatory vaccination program. These questions cannot be answered a priori and in the abstract because they depend on the concrete circumstances of the pandemic, on the characteristics of the vaccine(s) against COVID-19, and on how a mandatory vaccination policy might be designed and implemented by authorities.
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Health and human rights · Jun 2020
Understanding US Immigration Detention: Reaffirming Rights and Addressing Social-Structural Determinants of Health.
A crisis of mass immigration detention exists in the United States, which is home to the world's largest immigration detention system. The immigration detention system is legally classified as civil, rather than criminal, and therefore non-punitive. Yet it mimics the criminal incarceration system and holds detained individuals in punitive, prison-like conditions. ⋯ Further, we explore the social-structural determinants of health as they relate to immigration detention, contextualize these determinants within a human rights framework, and draw parallels to the larger context of US mass incarceration. Realizing the right to health requires addressing these social-structural determinants of health. For the care of immigrant patients to be effective, clinicians and public health professionals must incorporate an awareness of the health risks of the immigration detention system into trauma- and human rights-informed models of care during and after detention.
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Health and human rights · Dec 2019
From the Grassroots to the Oireachtas: Abortion Law Reform in the Republic of Ireland.
In 1983, voters inserted the Eighth Amendment into Ireland's constitution, equating the right to life of a fetus with that of a pregnant person. Hundreds of thousands of women were forced overseas to access basic health care and thousands more were forced underground, importing abortion pills and risking prosecution. The realities of life under the Eighth Amendment sparked a powerful feminist grassroots struggle for abortion access. ⋯ The first half highlights the national and international policy mechanisms that activists leveraged to bring Ireland's abortion regime to the point of reform, as well as the power of challenging abortion stigma to mobilize the public and politicians, culminating in a resounding vote in May 2018 to repeal the Eighth Amendment. The second half analyzes the legislation enacted in late 2018 in order to give effect to the vote. While the new law and its commitment to free abortion is a momentous step for Ireland, it also establishes a needlessly cumbersome regime that remains grounded in a criminal law framework and incorporates barriers that have no grounding in medical evidence.
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Due to global events in recent years, applications for political asylum have increased, although the number of people granted asylum in the United States and elsewhere has declined. Physicians and other health care professionals can play a crucial role in the evaluation of individuals seeking asylum, since appropriately documented objective clinical evidence of torture and other forms of persecution can increase the likelihood that survivors of human rights abuses obtain asylum. ⋯ In an effort to increase the number of qualified clinicians interested and involved in medical and psychiatric evaluations of asylum seekers, this article offers a summary of standard and best practices in the area, including recommended qualifications and competencies relevant to the practice of forensic asylum evaluations, guidance on effective approaches to the medical and psychiatric evaluation of asylum seekers, and recommendations related to medicolegal documentation and testimony. We also highlight gaps in evidence regarding best practices.