Abstract

Obesity has reached pandemic proportions in the world. Who is to blame for this: the person or the State (or both?). An increase in diseases associated with excess weight is also worldwide reported, such as Diabetes, Hypertension and some types of cancers. Therefore, the economic impacts of these comorbidities are an important issue to be discussed by States and citizens. Although the World Health Organization (WHO) has set and classified obesity as a disease more than 30 years ago, the American Medical Society was until recently (2010) not so sure about this definition. This article discusses the relevance of the implementation of public health policies for prevention and control of obesity, along with the possible ethical limitations to these actions, considering the autonomy of individuals regarding their health.

Highlights

  • Treating obesity no longer means to treat only the person affected by obesity

  • This article discusses the relevance of the implementation of public health policies for prevention and control of obesity, along with the possible ethical limitations to these actions, considering the autonomy of individuals regarding their health

  • The Brazilian Federal Constitution of 1988, known as “Citizen’s Constitution” describes in the Articles 196-202 the right of every Brazilian citizen to health, considering that health is “a right of all [citizens] and a duty of State” (F.C. 1988, article 196) [1]. It seems that this State becomes responsible in a comprehensive way to health, “lato sensu”, that is, for treating diseases such as obesity, and regarding their prevention—which is true for chronic diseases. Such a prevention happens in a multidisciplinary way and involves wide aspects of Public Health Policies in developing countries, such as regulation of food legislations within the countries, control and periodic measurement of health problems associated with excess weight and the need to build prospects on the natural history of the disease, its evolvement among populations and to anticipate trends of its increase in prevalence [2] [3]

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Summary

Introduction

Treating obesity no longer means to treat only the person affected by obesity. R. da Fonseca et al 36 better understanding of its determinants in such countries, which face one of their greatest challenges in public health when dealing with such harm to the health of their citizens

Legal Aspects of Obesity and Health
Government Power
A Citizen’s Autonomy
Unavailability of the Human Body
The “Functionings Approach”
Intermediate Solution: “Nudge”
Findings
Conclusions
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