Rights Duties And The Body
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| Author | : Rosamund Scott |
| Publisher | : Hart Publishing |
| Total Pages | : 475 |
| Release | : 2002-08-05 |
| Genre | : Health & Fitness |
| ISBN | : 1841131342 |
This book addresses the law and ethics concerning a pregnant woman's refusal of medical treatment needed by the fetus she carries. In England and some U.S. states a pregnant woman can now refuse such treatment. Nevertheless, courts have acknowledged the residual ethical dilemmas, sometimes adverting to the inappropriateness here of legal compulsion of presumed moral duties. This leaves the impression of an uncomfortable split between the ethics and the law. This study seeks to explain and justify a pregnant woman's legal right to refuse medical treatment and thus resolve, so far as possible, the surrounding ethical, legal and social tensions. The idea of day-to-day maternal conduct which may cause prenatal harm is also touched upon. Innovatively, the author adopts a joint philosophical and legal approach directed to issues both of principle and policy, revealing strong conceptual links between the ethics and the law. In addition to an ethical exploration of the maternal-fetal relationship the author explores the relevant English, American and some Canadian arguments from the law of treatment refusal, abortion, tort and rescue.
| Author | : |
| Publisher | : |
| Total Pages | : 32 |
| Release | : 1978 |
| Genre | : Civil rights |
| ISBN | : |
| Author | : Jonathan Wolff |
| Publisher | : W. W. Norton & Company |
| Total Pages | : 171 |
| Release | : 2012-02-20 |
| Genre | : Political Science |
| ISBN | : 0393083292 |
“A broad-ranging, insightful analysis of the complex practical and ethical issues involved in global health.”—Kirkus Reviews Few topics in human rights have inspired as much debate as the right to health. Proponents would enshrine it as a fundamental right on a par with freedom of speech and freedom from torture. Detractors suggest that the movement constitutes an impractical over-reach. Jonathan Wolff cuts through the ideological stalemate to explore both views. In an accessible, persuasive voice, he explores the philosophical underpinnings of the idea of a human right, assesses whether health meets those criteria, and identifies the political and cultural realities we face in attempts to improve the health of citizens in wildly different regions. Wolff ultimately finds that there is a path forward for proponents of the right to health, but to succeed they must embrace certain intellectual and practical changes. The Human Right to Health is a powerful and important contribution to the discourse on global health.
| Author | : American Nurses Association |
| Publisher | : Nursesbooks.org |
| Total Pages | : 42 |
| Release | : 2001 |
| Genre | : Business & Economics |
| ISBN | : 1558101764 |
Pamphlet is a succinct statement of the ethical obligations and duties of individuals who enter the nursing profession, the profession's nonnegotiable ethical standard, and an expression of nursing's own understanding of its commitment to society. Provides a framework for nurses to use in ethical analysis and decision-making.
| Author | : George D. Pozgar |
| Publisher | : Jones & Bartlett Learning |
| Total Pages | : 584 |
| Release | : 2004 |
| Genre | : Business & Economics |
| ISBN | : 9780763731823 |
The Ninth Edition of this book continues to provide students with a strong foundation in health care law and an overview of practical ways to improve the quality and safe delivery of healthcare.
| Author | : Judith Asher |
| Publisher | : BRILL |
| Total Pages | : 322 |
| Release | : 2010-11-11 |
| Genre | : Law |
| ISBN | : 9004189734 |
The alarmingly low health status of millions of people in many developing countries is now recognised as a major obstacle to the process of development. In response, increasing numbers of non-governmental organizations are championing the right to health of the disadvantaged, vulnerable and those living in poverty. They are using the right to health in their struggle for access to quality health services, as well as the underlying determinants of health, such as safe drinking water and adequate sanitation. In other words, the right to health, and other fundamental human rights, are seen as a way of promoting development. In a clear style and accessible format, this unique, timely and practical Manual shows health professionals, their associations and other interested non-governmental organizations, some of the practical ways in which they can promote, protect and monitor the right to health in their communities and countries. It considers the obligations of states in relation to individuals within their borders, as well as the human rights responsibilities of states beyond their borders. As befits a human rights manual, it has a particular preoccupation with the right to health of the vulnerable, marginalized and otherwise disadvantaged groups and those living in poverty.
| Author | : Andrew Clapham |
| Publisher | : OUP Oxford |
| Total Pages | : 2518 |
| Release | : 2006-03-02 |
| Genre | : Political Science |
| ISBN | : 0191018627 |
The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.
| Author | : Samuel Moyn |
| Publisher | : University of Pennsylvania Press |
| Total Pages | : 258 |
| Release | : 2015-09-04 |
| Genre | : Political Science |
| ISBN | : 0812292774 |
In Christian Human Rights, Samuel Moyn asserts that the rise of human rights after World War II was prefigured and inspired by a defense of the dignity of the human person that first arose in Christian churches and religious thought in the years just prior to the outbreak of the war. The Roman Catholic Church and transatlantic Protestant circles dominated the public discussion of the new principles in what became the last European golden age for the Christian faith. At the same time, West European governments after World War II, particularly in the ascendant Christian Democratic parties, became more tolerant of public expressions of religious piety. Human rights rose to public prominence in the space opened up by these dual developments of the early Cold War. Moyn argues that human dignity became central to Christian political discourse as early as 1937. Pius XII's wartime Christmas addresses announced the basic idea of universal human rights as a principle of world, and not merely state, order. By focusing on the 1930s and 1940s, Moyn demonstrates how the language of human rights was separated from the secular heritage of the French Revolution and put to use by postwar democracies governed by Christian parties, which reinvented them to impose moral constraints on individuals, support conservative family structures, and preserve existing social hierarchies. The book ends with a provocative chapter that traces contemporary European struggles to assimilate Muslim immigrants to the continent's legacy of Christian human rights.
| Author | : Gerhard Bos |
| Publisher | : Routledge |
| Total Pages | : 238 |
| Release | : 2016-02-26 |
| Genre | : Business & Economics |
| ISBN | : 1317351770 |
The history of human rights suggests that individuals should be empowered in their natural, political, political, social and economic vulnerabilities. States within the international arena hold each other responsible for doing just that and support or interfere where necessary. States are to protect these essential human vulnerabilities, even when this is not a matter of self-interest. This function of human rights is recognized in contexts of intervention, genocide, humanitarian aid and development. This book develops the idea of environmental obligations as long-term responsibilities in the context of human rights. It proposes that human rights require recognition that, in the face of unsustainable conduct, future human persons are exposed and vulnerable. It explores the obstacles for long-term responsibilities that human rights law provides at the level of international and national law and challenges the question of whether lifestyle restrictions are enforceable in view of liberties and levels of wellbeing typically seen as protected by human rights. The book will be of interest to postgraduates studying Human Rights, Sustainability, Law and Philosophy.
| Author | : Aaron Xavier Fellmeth |
| Publisher | : Oxford University Press |
| Total Pages | : 313 |
| Release | : 2016-06-30 |
| Genre | : Law |
| ISBN | : 0190611294 |
Paradigms of International Human Rights Law explores the legal, ethical, and other policy consequences of three core structural features of international human rights law: the focus on individual rights instead of duties; the division of rights into substantive and nondiscrimination categories; and the use of positive and negative right paradigms. Part I explains the types of individual, corporate, and state duties available, and analyzes the advantages and disadvantages of incorporating each type of duty into the world public order, with special attention to supplementing individual rights with explicit individual and state duties. Part II evaluates how substantive rights and nondiscrimination rights are used to protect similar values through different channels; summarizes the nondiscrimination right in international practice; proposes refinements; and explains how the paradigms synergize. Part III discusses negative and positive paradigms by dispelling a common misconception about positive rights, and then justifies and defines the concept of negative rights, justifies positive rights, and concludes with a discussion of the ethical consequences of structuring the human rights system on a purely negative paradigm. For each set of alternatives, the author analyzes how human rights law incorporates the paradigms, the technical legal implications of the various alternatives, and the ethical and other policy consequences of using each alternative while dispelling common misconceptions about the paradigms and considering the arguments justifying or opposing one or the other.
