WHO Constitution Research Articles

The right to health care in the system of social human rights

In the current academic literature, the right to health is considered in the context of a wide range of disciplines, including medical law, international law and social sciences. An important step in the formation of the legal framework for the right to health was the adoption of the WHO Constitution in 1946, which proclaimed that «the enjoyment of the highest attainable standard of health is a fundamental right of every human being». This declaration became the basis for the further development of international health standards, including the 1966 International Covenant on Economic, Social and Cultural Rights, which in Article 12 recognises the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
 Research and scholarship on the right to health covers various aspects of this issue, including analyses of national health systems, examination of international standards and their impact on national legislation, and development of recommendations to ensure equal access to health services. Despite the significant achievements in the development of international norms and standards, there are challenges related to their implementation at the national level, including the need to adapt national legislative and institutional frameworks to international obligations.
 Ukraine, like many other countries, is striving to meet international standards in the field of the right to health, while facing a number of challenges that require a comprehensive approach to reforming the national healthcare system. Scientific research plays an important role in this process, helping to identify gaps in legislation and practice, as well as to develop sound recommendations for their elimination.
 Given these aspects, this article aims not only to analyse the theoretical foundations of the right to healthcare, but also to highlight the practical steps and challenges that Ukraine faces on the way to its full implementation.

Pandemic treaty as an instrument to strengthen global health security: Global health diplomacy at its crux.

The World Health Assembly (WHA), on 1st December 2021, unanimously agreed to launch a global process to draft and negotiate a convention, agreement, or other international instrument under the World Health Organization's (WHO's) constitution to strengthen pandemic prevention, preparedness, and response. We aimed to explore the role of global health diplomacy (GHD) in pandemic treaty negotiations by providing deep insight into the ongoing drafting process under the WHO leadership. We conducted a narrative review by searching Scopus, Web of Sciences, PubMed, MEDLINE, and Google Scholar search engine using the keywords "Pandemic Treaty," OR "International Health Regulations," OR "International conventions," OR "International treaties" in the context of recent COVID-19 pandemic. Besides, we included articles recommending the need for GHD, leadership and governance mechanisms for this international treaty drafting approved by the WHA. Amid the COVID-19 pandemic, the concept of GHD bolstered the international system and remained high on the agendas of many national, regional and global platforms. As per Article 19 of the WHO constitution, the Assembly established an intergovernmental negotiating body (INB) to draft and negotiate this convention/ agreement to protect the world from disease outbreaks of pandemic potential. Since GHD has helped to strengthen international cooperation in health systems and address inequities in achieving health-related global targets, there is a great scope for the successful drafting of this pandemic treaty. The pandemic treaty is a defining moment in global health governance, particularly the pandemic governance reforms. However, the treaty's purpose will only be served if the equity considerations are optimized, accountability mechanisms are established, and a sense of shared responsibility is embraced. While fulfilling treaty commitments might be complex and challenging, it provides an opportunity to rethink and build resilient systems for pandemic preparedness and response in the future.

A STUDY TO ASSESS THE KNOWLEDGE ON URINARY TRACT INFECTION REGARDING ITS PREVENTION AND MANAGEMENT AMONG THE 1ST YEAR B.SC NURSING AT SMT. NAGARATHNAMMA COLLEGE OF NURSING, BENGALURU

Good health is the fundamental right of every human being and it is essential to lead a successful life. The preamble to the WHO constitution also affirms that it is one of the fundamental rights of every human being is to enjoy The highest attainable standards of health. Moreover, emphasis is based on health promotion andpreventivehealthcare.Goodphysicalandmentalhealthofchildrenandadolescentsmakesforgoodhealth in adulthood. Agreeably, adolescence is a transitional period from dependent childhood to independent adulthood,thatis,agegroupfrom10-19years.Aboutone-fifthofIndiaspopulationisintheadolescenceage group and this is the earliest age where we can prevent morbidity in later life by means of health. According to 2022–2023-year statical data, the human body gets rid of liquid waste products through the urinary system, and so, it is important to protect this system from infections. Urinary tract infections are the secondmostcommonbacterialdiseasewhichaccountsformorethaneightmillionofficevisitsperyear.More than one lakh (1,00,000) people are hospitalized annually because of urinary tract infection and it is an importantcauseofmorbidityandmortalityinIndiansubjects.Youngageandfemalesexarethetwoimportant factors that contributes to the development of urinary tract infection and therefore it is the most common infection among adolescent girls, which distresses them, concerns their parents, and may cause permanent kidney damage, if there is any delay in treatment. According to the National Institute of Health and Clinical Excellence guidelines urinary tract infection is defined by a combination of clinical symptoms of urinary tract infection that usually include frequency, dysuria, pyuria, abdominal pain, back pain, fever, or urgency. Most urinary tract infections result from ascending infection by single gram-negative bacteria such as Escherichia coli, Klebsiella, Proteus, Enterobacter,orPseudomonas.Staphylococcalinfections,especiallyduetostaphylococcalsaprophyticus are common cause of urinary tract infection among adolescent girls. The two broad categories of urinary tract infectionarepyelonephritisorupperurinarytractinfectionandcystitisorlowerurinarytractinfection.Lower urinary tract infections are common among adolescent girls.

Building Global Health Solidarity in a Permacrisis: Legal Impacts of a Pandemic Treaty

Covid-19 has revealed the urgent need for global solidarity in an era of interconnected crises (permacrisis). The World Health Organization (WHO) aims to improve pandemic prevention, preparedness and response through a ‘convention, agreement or another international instrument under the constitution of WHO’ (‘pandemic treaty’). This study analyses shortcomings in global health solidarity during Covid-19, investigates legal impacts of the pandemic treaty and navigates the arguments for and against a pandemic treaty. The treaty’s potential legal implications for human rights, intellectual property law, tort law, global health law, competition law and public procurement are examined, as well as some challenges to its implementation. The treaty’s success depends on overcoming differences and learning from global failure in order to prepare better for the next pandemic. The pandemic treaty must ensure equity, transparency, accountability and human rights while facilitating access to vaccines and other pandemic-related products, especially for low- and middle-income countries.

Cerebral palsy as a public health indicator.

Cerebral palsy as a public health indicator.

Review on WHO

“WHO Constitution states that ‘Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity’. WHO, the parent organisation being ECOSOC is a major spoke in the wheel of United Nations common family system. It has been also in the past and in the present actively and symbiotically involved in improving international public health as well as intervening in humanitarian crises on the issues of health and well-being. Its complementary role with other important international and national actors like ICRC, UNCERF, UNDAC, EM-DAT and NDMA in West Asia, Africa, Latin America, South and South East Aia cannot be understated in contemporary times.

Social Harmony and The Role of Individual

The inner goal of every individual is to live happily along with the other members of group in the society. He is going on exploring the possibilities, but not achieving always. At times the conscious mind is planning, but subconscious mind is rejecting. As such the unconscious field of the mind is out of discussion even by many psychologists and philosophers. All Rishi Sri Shankaracharya, Ramanujacharya and Madhvacharya have understood depth of the mind and beyond and proposed theories advaitam, vishistadvaitam and dvaitam respectively. The theories are proved to bring brotherliness and harmony in the society. With the onset of industrial revolutions, the mankind is after individual happiness only and slowly forgetting brotherliness. The scenario led to pure competition and advantages only. Forgetting of brotherliness lead to many disputes, wars, terrorism, etc. As such, a new stepping theory, namely, Shashtyam is proposed. The psychological condition is interconnected to energy field in which an individual is enabled. The basic energy field is in the shape of the living system and named as annamayakosha in the scriptures. It has got many energy centers. Coordination among certain centers is understood to cause health to the individual and satisfy the WHO constitution. Based on such an environment, a new psychological tool, namely, Dharmapod is introduced. To assure a success, it is compared with coordination among Pandavas of History Mahabharath.

Actual problems of philosophy of health in the context of bioethics

The review discusses the content of the concept of health in scientific and philosophical discourse. Taking into account the correlation of the subjects of clinical, preventive and social medicine, the historical stages of studying the problem of the health of the person (individual) and public health are briefly described. The content of the concept of health is revealed in accordance with the concept of B.G. Yudin in three dimensions: as a fact, norm and value. A methodological analysis of the definition of health in the WHO Constitution is given. The issue of legal correctness of Part 1 of Art. 27 of the Federal Law “On the Fundamentals of Protecting the Health of Citizens”. The problems of the philosophy of health are covered in the context of bioethics, the relevance of ethical control and health care is emphasized. The review defines the guidelines for the coverage of some problems of the philosophy of health in teaching in the system of domestic medical education.

Cross fertilisation of Public Health and Translational Research.

Public health is defined as the science of protecting the safety and improving the health of communities through education, policy-making and research for the prevention of disease (Gatseva and Argirova in J Public Health 19(3):205–6, 2011, 10.1007/s10389-011-0412-8; Winslow in Mod Med 2(1306):183–91, 1920. 10.1126/science.51.1306.23; What is public health. Centers for Disease Control Foundation. Centers for Disease Control, Atlanta, https://www.cdcfoundation.org/what-public-health; What is the WHO definition of health? from the Preamble to the Constitution of WHO as adopted by the International Health Conference, New York, On 7 April 1948. The definition has not been amended since. 22 July 1946; signed by the representatives of 61 States (Official Records of WHO, no. 2, p. 100) and entered into force, 19 June;1948. https://web.archive.org/web/20190307113324/https:/www.who.int/about/who-we-are/frequently-asked-questions). Translational research in healthcare is not only useful and satisfying for the researchers to bring their work to market but it would also support public health by bringing affordable, attainable and scalable solutions to the community at large. This is of high significance because instead of increasing the GDP spent in public health, we should focus on the increasing the translational research spending, as this would lead to improved solutions. Hence, the public health offering would reach a larger community at an improved cost. The COVID-19 pandemic and the huge number of lives it claimed exposes challenges in the public health. The pandemic has caused economic and social disruption to millions of people around the world, with many falling into extreme poverty. In early 2021, it was estimated nearly 690 million people are undernourished and by end of 2021 to increase further by 132 million (Joint statement by ILO, FAO, IFAD and WHO. Impact of COVID-19 on people's livelihoods, their health and our food systems https://www.who.int/news/item/13-10-2020-impact-of-covid-19-on-people's-livelihoods-their-health-and-our-food-systems). The spending for public health has increased many folds during the pandemic and this is where translational research in healthcare can play a transformative role to reduce the burden on government healthcare budget (Covid-19 and its impact on Indian society. https://timesofindia.indiatimes.com/readersblog/covid-19-and-its-impact-on-india/covid-19-and-its-impact-on-indian-society-27565/). Over the past decade, public health research has started playing a major role in Indian academic settings. COVID-19 pandemic has further highlighted the role of public health. However, the potential of using technological advancement has not been fully utilised. This is where translational research and public health can play a role to tap the full potential of technology. This review paper explores the public health practices to understand the different practices to examine how both public health and translational research can cross-fertilise. It concludes with a short discussion on implications on policymakers.

Rethinking the role of the health sector in peacebuilding and resilience: the Global Health for Peace Initiative

The World Health Organization has noted the important synergies between health and peace since its very inception, both in its foundational document and in its work globally. The WHO Constitution remarks that the "health of all peoples is fundamental to the attainment of peace and security and is dependent on the fullest co-operation of individuals and States". In addition, peace is noted as being one of the fundamental conditions to promote health in the Ottawa Charter for Health Promotion in 1986. The Eastern Mediterranean Region (EMR) has been contending with the challenges borne of conflict and insecurity for decades. Currently, nine out of the 22 countries and territories in the Eastern Mediterranean Region are represented in the World Bank's List of Fragile and Conflict Affected States ranging from acute conflict to high institutional fragility.

Financing the future of WHO

Financing the future of WHO

Représentation Sociale De La Grossesse, Rapport À La Grossesse Et Consultations Prénatales Dans La Sous-Préfecture De Kokomian

Health is a fundamental human right. It is enshrined as such in the preamble of the WHO Constitution. Unfortunately, in southern countries in general, and particularly in Côte d'Ivoire, the effectiveness of this fundamental right leaves much to be desired. The factors generally highlighted to account for this state are the material and infrastructural aspects. Few works deal with psychosocial and anthropological factors. In reproductive health, for example, the existence in certain rural localities of health centers, provided with drugs, materials and personnel, and the free provision of certain reproductive care, are not enough to decide pregnant women to undergo antenatal consultations. . Through this research, we therefore wish to question the role of the aforementioned factors in the decision of pregnant women in rural areas to undergo prenatal consultations. This qualitative research was carried out in the department of Kokomiani in April 2021.

China Responsibility in Case of Covid 19 Pandemic Under International Law

Pandemic COVID-19 was start from Wuhan, China then spread to the rest of the world. Under international law of public health, states have obligations to cooperate in tackling international health emergency. WHO Constitution and IHR confirms those obligations in which state denied its will arise state responsibility. The purpose of this research is to elaborate state obligations under international law to handle COVID-19 and particularly to China. This research use normative legal research method which means to analysis international law norm in practice. The results of this research are, first there are several obligations to state in handle COVID-19 such as to cooperate, to notify WHO and to made domestic regulation. Second, China is not responsible for COVID-19 case because China did not breach any international obligations under international law .

Сovid-19 and International Law: General Issues

INTRODUCTION.InDecember2019,anoutbreakofcoronavirusinfection(SARS-CoV-2)transmittedbyairbornedropletswasrecordedinWuhan,China.Inmid-January,theviruswasdetectedinThailand andJapan;inMarch,thecenterofthepandemicmovedtoEurope;inearlyApril,theUnitedStatescameoutontopintermsofthenumberofinfections.Tocombatthevirus,manystateshaveintroducedemergencymeasures,includinglockdowns,socialdistancerequirements,masstesting,etc.Thepandemichasaffectedallspheresofpubliclife,includinginternationalrelationsandinternationallaw.MATERIALSANDMETHODS.Thearticleanalyzestheresponsetothepandemiconthepartofstates,organizationsandthedoctrineofinternationallaw;examinestheinternationallegalaspectsofthepandemic:applicationoftheInternationalHealthRegulations2005,possibleresponsibilityofChinaandotherstates,impactofthepandemiconhumanrights.Theproblemsoflegalregulationinconnectionwiththepandemicaredefinedandthewaysoftheirsolutionaredetermined.Thesubjectofanalysisisthematerialsofforeignlegalpress,firstofall,postsandarticlesontheInternet.Inadditiontothedataofinternationallaw,scientificcategoriesofphilosophy,economicsandpoliticalscienceareused.RESEARCHRESULTS.MajorUNbodieshavereactedtothepandemicwithgeneralstatements.WHOpositioneditselfasaninternationalcenterforthefightagainstthevirusandmaderecommendationsthat,however, werenotimplementedbystateswhichadoptedmorerestrictivemeasures.ThemaindocumentthatguidedWHOistheInternationalHealthRegulations2005(IHR).SomestatesandthemediaaccusedChinaofa belated reaction and withholding information. As a result, the doctrine has discussed the issue of bringing a claim against China to the International Court of Justice. The legal basis for this claim could be the provisions of the IHR, the WHO Constitution and a number of duediligence obligations. The jurisdictional basis for applying to the ICJ could be Art. 75 of the WHO Constitution, and to an arbitration Art. 56 IHR. In response to the pandemic, many states have limited human rights; references have been made to the possibility of a temporary derogation from human rights obligations in an emergency and the possibility of limiting human rights in the interests of national security, health and the protection of the rights of others.DISCUSSIONANDCONCLUSIONS.Theforeigndoctrinenotesan nsufficient response frominternational organizations and makes proposals aimed at expandingthepowersoftheUNSecurityCouncilincombatingthepandemicandatreformingtheWHO.Inaddition,thereareshortcomingsoftheIHRthathindertheireffectiveuse.ThepossibilityofholdingChinaaccountableisquestioned:thereisnsufficient evidenceoftheviolation; the threshold for breach of duediligence obligationsisveryhigh;Chinaisunlikelytoagreetoparticipateinthelawsuitagainstit. Nevertheless, several lessons canbelearnedforthelawofresponsibility(thepossibilityofdeviatingfromtheprincipleoffullcompensation,etc.).Theprocedureforderogatingfromhumanrightsobligationsduringa pandemic also needs clarification. In general, the international legal doctrine coped with the task of understanding of the pandemic phenomenon: it systematized and qualified the facts, discovered and formulated legal problems, both private and public, and suggested means to solve them. Few questioned the advisability of such a harsh global reaction and formulated a radical criticism; instead, the shortcomings of individual measures were noted and proposals were made to improve their effectiveness.

Beyond longevity: healthy longevity

Beyond longevity: healthy longevity

The Obligations of China and the Role of International Law in the Context of the Coronavirus Pandemic

This short article examines whether China has incurred responsibility for violating a general due diligence obligation in customary international law or specific obligations under the WHO’s International Health Regulations and the WHO Constitution in a context of Covid-19. It is submitted that due diligence is merely a notion to describe a primary obligation, or a standard by which a particular primary obligation is assessed. It cannot serve as the basis for holding a State responsible. Regarding the WHO regime, actions taken by China after December 2019 neatly fit into the staggered requirements of Articles 6 and 7 of the International Health Regulations, which do not set out clear standards for the evaluation of a health emergency. On a more general level, we reflect upon the role of international law in global pandemic control and caution against the politicization of international health law. © 2021, Yijun Institute of International Law. All rights reserved.

Human rights and fair access to COVID-19 vaccines: the International AIDS Society–Lancet Commission on Health and Human Rights

Human rights and fair access to COVID-19 vaccines: the International AIDS Society–Lancet Commission on Health and Human Rights

Health Coverage Across the Globe:A Contemporary Scenario

Context: Health was declared as fundamental human right by WHO constitution of 1948. The major key role playing factor in HAQ rankings is the universal health care programme and health schemes which are initiated and ran by the government. Health care provision is incredibly complex and many nations around the world spend considerable resources trying to provide it. Developed countries have their own insurance scheme which benefits its population and meets their health care needs. No uniform one-size-fits- all operational model exists when it comes to the successful implementation of a scheme. For instance, multinational insurers who are successful in one country have met failure in other countries. Developing country like India must try to improve their health care system by following certain initiatives incorporated by other countries. Low income countries like Africa and Nepal need to take extra measure to improve health insurance program and to provide quality care to their people. It is evident that there are an enormous number of ways that health care insurance programs vary around the world. There is a need to identify the characteristics of the most effective systems and the most equitable ones which could serve as a framework by all countries.

Rethinking R&D for Pharmaceutical Products After the Novel Coronavirus COVID-19 Shock

The unprecedented global health crisis caused by the coronavirus – COVID-19 – pandemic, during the first quarter of 2020, brings back with particular urgency the discussion about the research and development (R&D) model for pharmaceuticals and other health technologies. The COVID-19 crisis shows that there is an urgent need to redesign the global public health governance for health R&D. The adoption of a binding instrument – as allowed by Article 19 of the WHO Constitution – on this matter was proposed many years ago. This brief argues that it is time to revive and materialize this initiative.

Grassroot Level Health Workers: Have They Taken Root in India?

The WHO constitution, 1948 recognized right to health as a fundamental principle which was later reaffirmed in the Alma Ata declaration in 1978. However, this concept could not gain momentum at the grassroot level settings. In the recent past, stress on the Sustainable Development Goals (SDGs) and the Universal Health Coverage (UHC) has given a boost to the right to health principle in a renewed and purposeful sense. Human health workforce is the most important component of delivery of health care especially for achieving Sustainable Development Goals and for ensuring Universal Health Coverage. The Bhore committee given its progressive vision of providing health care at the doorstep of the people paved the way for primary health care workers and this vision got strengthened in the light of Alma Ata Declaration. The need for need for grassroot level workers who would be the point of contact for the public health care delivery system was highlighted by all these documents. Many initiatives have been implemented, of which, the Community Health Workers/ Volunteers (CHVs), and the latest Accredited Social Health Activists (ASHA) need prime mention because they have a voluntary status. Such initiatives helped in placing people’s health people’s hands. T he broad group of Community-level Health Workers such as Auxiliary Nurses and Midwives (ANMs), Male Health Workers also are also important links with the community. The work of these primary care workers has been challenging mainly due to overload, comparatively low compensation and inadequate infrastructure facilities. But in a country like India where doctor population ratio is not up to the required level, use of such voluntary workers such as ASHAs and other health workers for health care delivery has helped to sustain primary health care. We conclude that by improving the quality of grassroot level health workers and volunteers would certainly help in rich dividends as far as ensuring Universal Health Coverage and achieving SDGs. The considerable experience of India with innovations in the grassroot level workers indicate that if the culture of primary care has to take root and need to be sustained, then such workers are the key players.