Health Law Research Articles

From Philosopher in Residence to Healthcare Mediation.

It is such a treat and a privilege to have been at the "Defining Health Law for the Future" symposium and to have met Charity's family. She was dear to me.

The 2024 Amendments to the International Health Regulations: A New Era for Global Health Law in Pandemic Preparedness and Response?

The 2024 Amendments to the International Health Regulations: A New Era for Global Health Law in Pandemic Preparedness and Response?

Supreme Court Impacts in Public Health Law: 2023-2024.

In a "mixed bag" 2023-2024 session, the U.S. Supreme Court issued a series of decisions both favorable and antithetical to public health and safety. Taking on tough constitutional issues implicating gun control, misinformation, and homelessness, the Court also avoided substantive reviews in favor of procedural dismissals in key cases involving reproductive rights and government censorship.

Opportunities in Public Health Law: Supporting Current and Future Practitioners.

Law is a critical determinant of health that public health practitioners encounter in everyday practice. Yet most do not receive any formal public health law training. This article discusses tangible opportunities for strengthening the capacity of current and future practitioners to leverage law to advance health equity priorities.

Występowanie i zwalczanie wysoce zjadliwej grypy ptaków w krajach Unii Europejskiej, w tym w Polsce w sezonie 2020/2021

Highly pathogenic avian influenza is one of the most contagious and dangerous infectious animal diseases of the twenty first century. Its recurring outbreaks in recent years have been increasing in scope and have resulted in previously unrecorded losses in poultry production, related to both its high mortality rate and the need to kill poultry in outbreaks, as well as economic losses related to trade restrictions imposed on affected countries and regions. An increase in the average duration of the so-called „flu season” was also observed. This is related to the shift in the phenological calendar observed in nature, which was created based on the analysis of climatic factors, weather and the impact on animal behavior. Currently, in the countries of the European Union, the direct legal basis for the control of highly pathogenic avian influenza in the EU, is provided by the provisions of Regulation (EU) 2016/429 of the European Parliament and of the Council (EU) (Animal Health Law, AHL), while the detailed manner and mode of control of this disease is defined in the Commission Delegated Regulation (EU) 2020/687 of December 17, 2019.

Effects of the Mental Health Law on Peruvian Primary Care Physicians: A Cross-Sectional Study on Knowledge of Major Depressive Disorder.

The objective was to evaluate the level of knowledge of primary care physicians in Lambayeque, Peru, regarding the diagnosis and treatment of Major Depressive Disorder. A cross-sectional analytical study was conducted among 106 primary care physicians in Lambayeque, Peru. Data were collected using a validated questionnaire assessing Major Depressive Disorder diagnosis and treatment knowledge. Physicians' knowledge levels were categorized as inadequate, adequate, or excellent. Poisson regression models were employed to identify factors associated with adequate knowledge. The response rate was 81.21%. Only 36.79% of physicians demonstrated adequate knowledge, with none achieving excellent knowledge. The median score was 6 (IQR: 5-7). Mental health training, which may reflect the new law's implementation, was significantly associated with higher knowledge levels (PR: 2.42, 95% CI: 1.02 to 5.10). Other factors were not significantly associated with knowledge levels. The proportion of primary care physicians with adequate Major Depressive Disorder knowledge has doubled since 2014, indicating a positive effect of the mental health law. However, to increase this number, continuous professional development programs are needed.

Recent State Legislative Attempts to Restructure Public Health Authority: The Good, The Bad, and The Way Forward.

The COVID-19 pandemic spurred legal and policy attacks against foundational public health authorities. Act for Public Health - a partnership of public health law organizations - has tracked legislative activity since January 2021. This article describes that activity, highlighting 2023 bills primarily related to vaccine requirements and policy innovations undertaken in the wake of the pandemic. Finally, we preview a legal framework for more equitable and effective public health authority.

Professional Field-work: Constructing Global Health Law as an 'Emerging Field'

Professional Field-work: Constructing Global Health Law as an 'Emerging Field'

INTRODUCTION.

The National Public Health Law Conference: People. Policy. Progress., held October 2023, brought together more than 400 stakeholders in public health to explore how law and policy can be leveraged to advance health equity, improve data sharing for community health, protect access to reproductive health and facilitate system change.

The Bridge Builder: Charity Scott's Expansive Vision for Lawyers, Health, and Society.

Balancing on a tightrope twenty feet above the ground is outside the comfort zones of many health law professors. Being there forces you to consider in new ways yourself, your skills, and your surroundings. Fears arise, and yet you must still act. And you must trust that the person who offered you this opportunity cared about you and your well-being, and that they would ensure there was a way to get from where you began to the other side.

From definition to protection: dilemmas and reflections on the right to refuse treatment for patients with mental disorders in Chinese mainland.

The case of "a multimillionaire who was sent to a psychiatric hospital after an argument with his son" has sparked heated debate in the Chinese mainland. This incident is particularly significant as 2023 marks the 10th anniversary of the implementation of the Mental Health Law of the People's Republic of China. The focus of the ongoing debate, as brought to light by the aforementioned case, is centered on the right to refuse treatment for patients with mental disorders. This paper is a post-hoc study with a systematic analysis of literature and cases. To ascertain the relationship between the right to refuse treatment for patients with mental disorders and the Mental Health Law, the authors identified key information and data from both official government websites and reliable non-governmental information. Both literature and practice have proven that the compulsory hospitalization rule under the Mental Health Law is a denial of the right to refuse treatment for patients who are compulsorily hospitalized. In the absence of changes to the law, compulsory hospitalization will inevitably lead to compulsory treatment in the Chinese mainland. According to the human dignity and self-determination right established in the Constitution of the People's Republic of China, patients who are compulsorily hospitalized have the right to refuse treatment. In the absence of a change in the law, given that no neutral review mechanism has been established for such patients and their treatment in the mainland, setting up an internal review mechanism is a more feasible way of protecting the right to refuse treatment for patients with mental disorders.

Sosialisasi Upaya Perlindungan Hukum Atas Hak-Hak Pasien dan Tenaga Medis di Puskesmas Sukamaju Kota Bandar Lampung

Health law essentially provides legal certainty and protection, both for providers of health services and for recipients of health services, requiring a dynamic health law. For example, such as health workers who commit errors or negligence in carrying out their profession may be subject to disciplinary action determined by the Health Workers Disciplinary Council (Jo: Article 54 paragraphs 1 and 2 of Law No.23 of 1992 concerning health Jo. P No.32 of 1996 concerning health workers). Based on the results of a social approach to several communities in the inpatient health center of Sukamaju Village, East Bay Betung Subdistrict, Bandar Lampung City, they have never known the existence of Law No.36 of 2009 concerning Health, and do not understand about health services, patient protection, environmental health, health provision regulated in Law No.36 of 2009 concerning Health, so in this case socialization is needed as an effort to instill knowledge about the legal protection they have as patients. The methods considered relevant to achieve the above objectives are the lecture method and the discussion method, which are methods used to convey material about Law No.36 of 2009 concerning Health. The results showed that an understanding of the rights of patients and medical personnel in accordance with applicable legal procedures makes the community know what rights can be received based on the legal procedures in force.

On the Books: Jim Crow and Algorithms of Resistance, a Collections as Data Case Study

On the Books: Jim Crow and Algorithms of Resistance is a collections as data and machine learning project from the University Libraries at the University of North Carolina at Chapel Hill. This project has created a plain text corpus of North Carolina legal volumes (1866–1967) and used machine learning to identify likely Jim Crow laws. The project has been well received and is now being expanded to two additional states, while assessing the use of On the Books products in research and instruction. State partners at the University of South Carolina and the University of Virginia are adapting the On the Books methodology to create corpora for their own states. Three teaching fellows created learning modules that use products from On the Books and taught the modules to college-level courses. Research fellows are making use of the products on research projects of their own design. This article will provide background for the On the Books project and will assess its use for multiple purposes: as a workflow to be reproduced by others, as content for use in teaching and learning, and as a resource for researchers. To demonstrate the utility of On the Books as a research tool, the article is co-authored by one of the research fellows. The project “Mental Health, Disability, and Jim Crow Laws in North Carolina, 1866–1967,” makes use of the legal corpus as a primary source for researching the intersections of information, mental health, nutrition, and shifts from agricultural to industrial economics in the history of North Carolina. By assessing the experiences of those making use of On the Books products, this article contributes to the understanding of best practices for those interested in creating and supporting collections as data so they may be used successfully for reproducibility, research, and teaching.

An Analysis of Impact of Social-Discrimination on People Having HIV/AIDS

The truth always at last have a goal to achieve. this paper is focus on the recognition of the people who are not much discussed and feels a different era of discrimination and health deteriorating conditions. The focus of this paper , to study the sociological imbalance and , authoritative guidance which is not in the practical form, is guided in the study. Remarking how these persons are getting affected and have to go to a not possible winning situation is the major topic of discussion. the analysation of this situation through a legal approach and calculating the risk in the broad daylight phenomena and to answer the significance of why these types of studies are needed to be study through a lens of proper awakening. this research is based on majorly doctrinal research method. The scope of the research is on the platform of health laws and fundamental principles which are involved to live a happy going life, in the patterns of history , then to present era, to the future dimensions will be talked in this research . Every person going through the pain and suffering and then getting a specified level of different discrimination is needed to be studied in this paper. The level of objective choices available and are customised by other people is the outcomes of this paper. the study of this paper will be giving the desired solutions and asking challenges to be negotiated and to calculate the greater harms if any , that can be resolved through the study.by balancing the relation between this type of framings will be the desiring approach.

TANGGUNG JAWAB PEMERINTAH TERHADAP PELAYANAN KESEHATAN BAGI WARGA LANJUT USIA DALAM HUKUM POSITIF INDONESIA

During the pandemic and work-from-home policies, it is feared that elderly people live together with all generations in limited space, it is feared that this will increase elderly depression. On the other hand, a number of elderly people are lonely, because their children cannot see or visit their parents regularly due to social restrictions. In fact, when it is normal, the condition of the elderly still requires attention in various ways. The purpose of this research is to analyze the Government's Responsibility for Health Services for the Elderly in Indonesian Positive Law and to analyze the ideal of the Government's Responsibility for Health Services for the Elderly. The method used is normative legal research. Based on the research results, it is known that the Government's Responsibility for Health Services for the Elderly in Indonesian Positive Law is that the Indonesian Government has the responsibility to provide good and fair health services for all its citizens, including the elderly. This responsibility is reflected in several laws and regulations governing health in Indonesia. Health Law This law establishes the basic principles for administering the health system in Indonesia, including health services for elderly citizens.

Machine Learning Model Training and Practice: A Study on Constructing a Novel Drug Detection System

Drugs, AIDS and terrorism are the three major public hazards in the world. Drug abuse seriously endangers social security and human life and health. The World Drug Report 2023 shows that the continued record supply of illicit drugs and increasingly flexible trafficking networks are exacerbating the global crisis and posing challenges for health services and law enforcement responses. The number of people injecting drugs worldwide in 2021 is estimated to be 13.2 million, 18% higher than previous estimates. At present, the world drug control situation is very serious, and it is necessary to increase the means to solve the drug problem and curb the spread of drugs, and efficient and accurate drug detection technology plays a very important role in drug control work. NPS, also known as "planning drugs" or "laboratory drugs", is a drug analogue obtained by the chemical structure modification of controlled drugs by criminals in order to evade the crackdown. It has similar or stronger excitatory, hallucinogenic, narcotic and other effects with controlled drugs, and has become a third-generation drug popular in the world after traditional drugs and synthetic drugs. Therefore, through the drug detection technology based on artificial intelligence machine learning technology, the current development of AI as a "drug detector" and the future space are analyzed.

Hospital Responsibilities in Medical Services Based on Law no. 17 of 2023 concerning Health and Islamic Law

The hospital as one of the health service facilities is part of the health resources that have a vital role in creating a plenary health organization. Patient Safety Goals (SKP) have become a global issue in health services in hospitals so that they require special attention in their implementation. In addition to the SKP, each hospital also has an SOP (Standard Operating Procedure) that must be fulfilled by every worker, in this case the doctors at the hospital. When all procedures have been carried out and fulfilled by workers, the work provider, in this case the hospital, is obliged to protect their workers and how it is related with islamic law as an Indonesian way of life. The purpose of this study is to find out the legal responsibility of hospitals for medical accidents that occur in their hospitals according to Law No. 17 of 2023 and Islamic Law. The results of this study are that hospitals as providers of health services are required to implement hospital governance and clinical governance so that it can avoid problems with work accidents that might occur. So that the management of doctors and other workers must be good with the ultimate goal of increasing the health standard of the Indonesian people. Its fundamental in islamic way how important is health and trustworthiness in our lives especially if it connected with other lives

Maqasid al-Sharia in Court-Mediation Reform: A Study on Efficiency and Social Justice in Medical Disputes

Islam prioritises peace as a means of resolving disputes. Peace between parties can be achieved in various ways, one of which is mediation. Despite creating social justice, the effectiveness of mediation in resolving various complex civil cases is still questionable. This article aims to analyse the efficiency of resolving medical disputes through mediation based on the principles of Islamic law. This article is based on the results of normative juridical research with a statutory approach and a conceptual approach. The results of this study found that the implementation of facilitative mediation by the mediator in medical dispute resolution helps improve its efficiency. Furthermore, before mediating conflicts, judge-mediators need to take a more proactive position, improve their communication skills, and have sufficient knowledge of health law. A well-informed mediator is likely to provide social justice for doctors and patients. 
 
 Keywords: mediation; medical disputes; social justice; court.

No net land take for Flanders. Towards a roadmap for the implementation of Europe’s land target

Since 2011, the European Commission has recommended that member states reduce land take and achieve the ‘no net land take’ objective by 2050. The objective was reinforced in the EU ‘Soil Strategy for 2030’ and is likely to gain further importance in the upcoming Soil Health Law. This paper investigates the feasibility and implementation of a no net land take policy for the Flemish region, Belgium. The new land policy for Flanders was announced in 2016, representing a paradigm shift from spatial growth to final growth boundaries. The paper uses a generic model of the policy-making cycle to assess the implementation of a no net land take policy at the national or regional level. We propose a roadmap of implementation in five cyclical phases for Flanders, but many aspects of this proposed roadmap can be applied to other parts of Europe as well. In the implementation stage, the targeted selection and implementation of land-use instruments is of paramount importance to realise the land-take reduction trajectory. The Flemish case of the so-called Bouwshift shows that development instruments supporting further construction at good locations are politically more popular than protective measures that actually protect soil and landscape but intervene in property rights.

ANALIS TERHADAP PASAL 409 UNDANG -UNDANG KESEHATAN TERKINI YANG MENIMBULKAN KONTROVERSI PERKEMBANGAN HUKUM PIDANA

This journal aims to provide an in-depth analysis of the impact and controversy arising from the introduction and amendments to Article 409 of the recent Health Law. The primary focus of this research is on how this article influences and shapes the development of criminal law, particularly in the context of public health. This study employs a normative legal analysis method by thoroughly examining the text and substance of Article 409. Additionally, it incorporates a case study approach to understand its implementation in real-world situations. Controversies surrounding this article are discussed by considering diverse perspectives from legal experts, healthcare practitioners, and relevant community groups. By exploring these viewpoints, this research presents a comprehensive picture of both the positive and negative impacts of Article 409, as well as broader consequences on the criminal legal system. The research findings contribute to our understanding of legal changes related to health and lay the groundwork for more in-depth policy discussions. The conclusions and recommendations resulting from this research are expected to assist policymakers and legal practitioners in formulating more effective and equitable policies in the field of public health.