Belinda Bennett

Health governance : law, regulation and policy

Original editorial can be found at: http://www.sciencedirect.com/ Copyright Elsevier [Full text of this paper is not available in the UHRA]

Law, ethics and pandemic preparedness: the importance of cross-jurisdictional and cross-cultural perspectives.

Objective: To explore social equity, health planning, regulatory and ethical dilemmas in responding to a pandemic influenza (H5N1) outbreak, and the adequacy of protocols and standards such as the International Health Regulations (2005).

A gendered human rights analysis of Ebola and Zika: locating gender in global health emergencies

Globally gender remains a key factor in differing health outcomes for men and women. This article analyses the particular relevance of gender for debates about global health and the role for international human rights law in supporting improved health outcomes during public health emergencies. Looking specifically at the recent Ebola and Zika outbreaks, what we find particularly troubling in both cases is the paucity of engagement with human rights language and the diverse backgrounds of women in these locations of crisis, when women-specific advice was being issued. We find the lessons that should have been learnt from the Ebola experience have not been applied in the Zika outbreak and there remains a disconnect between the international public health advice being issued and the experience of pervasive structural gender inequalities among those experiencing the crises. In both cases we find that responses at the outbreak of the crisis presume that women have economic, social or regulatory options to exercise the autonomy contained in international advice. The problem in the case of both Ebola and Zika has been that leaving structural gender inequalities out of the crisis response has further compounded those inequalities. The article argues for a contextual human rights analysis that takes into account gender as a social and economic determinant of health.

Legal rights during pandemics: federalism, rights and public health laws - a view from Australia.

Summary Pandemic influenza will cause significant social and economic disruption. Legal frameworks can play an important role in clarifying the rights and duties of individuals, communities and governments for times of crisis. In addressing legal frameworks, there is a need for jurisdictional clarity between different levels of government in responding to public health emergencies. Public health laws are also informed by our understandings of rights and responsibilities for individuals and communities, and the balancing of public health and public freedoms. Consideration of these issues is an essential part of planning for pandemic influenza.

Health Law’s Kaleidoscope: Health Law Rights in a Global Age

This book brings together analysis of a range of issues including regulation of reproductive technologies, legal and ethical aspects of preimplantation genetic diagnosis, health tourism, and pandemic influenza to develop deeper and innovative understandings of the changing nature of rights and autonomy, of the relationship between individual and societal interests, and of the balance between national and international regulation in contemporary society.

The Economics of Wifing Services: Law and Economics on the Family

With the growth of the Law and Economics movement, the extension of economic analysis into legal analysis has become commonplace. This extension derives from the acceptance of an assumption that individuals are economically rational beings, that is, they will act so as to maximize their wealth or to accommodate their preferences. Since the body of literature in the area of Law and Economics is already considerable, it seems fitting to undertake an assessment of the social and political implications of the Law and Economics perspective. The focus of this paper is the small but growing body of literature which adopts a Law and Economics approach to family law. It is through a discussion of this approach to the modern nuclear family that the normative assumptions underpinning Law and Economics can be uncovered, even by those who generally find economic jargon impenetrable. Of central concern in this article are the social and political consequences for women of the adoption of an economic analysis of the family as proffered by Law and Economics.

Introduction: health and human rights

Over recent years there has been a growing awareness of the relevance of human rights to health and the provision of health care. While human rights are seen as universal in nature, and all of humanity shares the need for good health as a precondition of human flourishing, the articulation of shared goals, values and policies has proven to be a complex matter. This special issue of the International Journal of Law in Context brings together international scholars to analyse and explore the relationship between health and human rights.

Future-proofing global health: Governance of priorities

ABSTRACT The year 2015 was a significant anniversary for global health: 15 years since the adoption of the Millennium Development Goals and the creation of the Global Alliance for Vaccines and Immunization, followed two years later by the Global Fund to Fight AIDS, TB and Malaria. 2015 was also the 10-year anniversary of the adoption of the International Health Regulations (May 2005) and the formal entering into force of the Framework Convention on the Tobacco Control (February 2005). The anniversary of these frameworks and institutions illustrates the growth and contribution of ‘global’ health diplomacy. Each initiative has also revealed on-going issues with compliance, sustainable funding and equitable attention in global health governance. In this paper, we present four thematic challenges that will continue to challenge prioritisation within global health governance into the future unless addressed: framing and prioritising within global health governance; identifying stakeholders of the global health community; understanding the relationship between health and behaviour; and the role of governance and regulation in supporting global health.

Assistive Technologies for People with Dementia: Ethical considerations/Technologies D'assistance Pour Les Personnes Atteintes De Demence: Considerations ethiques/Tecnologias De Asistencia Para Personas Con Demencia: Consideraciones Eticas

Abstract The sustainable development goals (SDGs) adopted by the United Nations in 2015 include a new target for global health: SDG 3 aims to “ensure healthy lives and promote well-being for all at all ages.” Dementia care of good quality is particularly important given the projected increase in the number of people living with the condition. A range of assistive technologies have been proposed to support dementia care. However, the World Health Organization estimated in 2017 that only one in 10 of the 1 billion or more people globally who could benefit from these technologies in some way actually has access to them. For people living with dementia, there has been little analysis of whether assistive technologies will support their human rights in ways that are consistent with the United Nations Convention on the Rights of Persons with Disabilities. The aim of this paper is to examine the relevant provisions of the convention and consider their implications for the use of assistive technologies in dementia care. Assistive technologies can clearly play an important role in supporting social engagement, decision-making and advance planning by people living with dementia. However, concerns exist that some of these technologies also have the potential to restrict freedom of movement and intrude into privacy. In conclusion, an analysis of the implications of assistive technologies for human rights laws is needed to ensure that technologies are used in ways that support human rights and help meet the health-related SDG 3.

Approaches to management of complaints and notifications about health practitioners in Australia

In 2005, the Australian Productivity Commission made a recommendation that a national health registration regimen and a consolidated national accreditation regimen be established. On 1 July 2010, the National Registration and Accreditation Scheme (NRAS) for health practitioners came into effect and the Australian Health Practitioner Regulation Agency (AHPRA) became the single national oversight agency for health professional regulation. It is governed by the Health Practitioner Regulation National Law Act (the National Law). While all states and territories joined NRAS for registration and accreditation, NSW did not join the scheme for the handling of complaints, but retained its existing co-regulatory complaint-handling system. All other states and territories joined the national notification (complaints) scheme prescribed in the National Law. Because the introduction of NRAS brings with it new processes and governance around the management of complaints that apply to all regulated health professionals in all states and territories except NSW, where complaints management remains largely unchanged, there is a need for comparative analysis of these differing national and NSW approaches to the management of complaints/notifications about health professionals, not only to allow transparency for consumers, but also to assess consistency of decision making around complaints/notifications across jurisdictions. This paper describes the similarities and differences for complaints/notifications handling between the NRAS and NSW schemes and briefly discusses subsequent and potential changes in other jurisdictions.