Power Suffering and the Struggle for Dignity

Power  Suffering  and the Struggle for Dignity
Author: Alicia Ely Yamin
Publsiher: University of Pennsylvania Press
Total Pages: 336
Release: 2016-01-07
Genre: Medical
ISBN: 9780812247749

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Power, Suffering, and the Struggle for Dignity provides a solid foundation for comprehending what a human rights framework implies and the potential for greater justice in health it entails.

Mental Health Law

Mental Health Law
Author: Kay Wilson
Publsiher: Oxford University Press
Total Pages: 257
Release: 2021-06-08
Genre: Law
ISBN: 9780192654960

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The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (CRPD) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into 'camps'. Mental Health Law: Abolish or Reform? aims to break new ground by cutting through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts - dignity (including autonomy), equality, and participation - to gain a clearer understanding of the meaning of the CRPD and what it requires States Parties to do. In doing so, it sets out the development of mental health law and is unique in tracing the history of the abolitionist movement and how nad why it has emerged now. By digging deeper into the conceptual basis of the CRPD and developing the 'interpretive compass' based on those three core CRPD concepts, the book aims to flesh out a broader vision of disability rights and move the debate forward by evaluating the three main abolition and reform options. Drawing on jurisprudential and multi-disciplinary research from philosophy, medicine, sociology, disability studies, and history, it argues compassionately and sensitively that mental health law should not be abolished, but should instead be significantly reformed to minimize coercion and maximize the support and choices given to persons with mental impairments to realize all of their CRPD rights.

Local Maladies Global Remedies

Local Maladies  Global Remedies
Author: Lamprea-Montealegre, Everaldo
Publsiher: Edward Elgar Publishing
Total Pages: 232
Release: 2022-06-16
Genre: Law
ISBN: 9781800376540

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This forward-looking book provides an in-depth analysis of the major transformations of the right to health in Latin America over the past decades, marked by the turn towards the pharmaceuticalisation of health care. Everaldo Lamprea-Montealegre investigates how health-based litigation has deepened inequalities in the global South, exploring the practices of key actors that are reclaiming the right to health in the region.

When Misfortune Becomes Injustice

When Misfortune Becomes Injustice
Author: Alicia Ely Yamin
Publsiher: Stanford University Press
Total Pages: 273
Release: 2023-07-04
Genre: Law
ISBN: 9781503635951

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When Misfortune Becomes Injustice surveys the progress and challenges in deploying human rights to advance health and social equality over recent decades. Alicia Ely Yamin weaves together theory and firsthand experience in a compelling narrative of how evolving legal norms, empirical knowledge, and development paradigms have interacted in the realization of health rights, and challenges us to consider why these advances have failed to produce greater equality within and between nations. In this revised and expanded second edition, Yamin incorporates crucial lessons learned about the state of global health equity and public health systems during the COVID-19 pandemic, demonstrating just how incompatible the current institutionalized world order—based on neoliberal, financialized capitalism—is with one in which the rights of diverse people around the globe can be realized. COVID-19 struck a world that had been shaped by decades of disinvestment in public health, health systems, and social protection, as well as privatization of wealth and gaping social inequalities within and between countries, and the evident crisis of confidence in the capacity of democratic political institutions and global governance was deepened by the pandemic. Yamin argues that transformative human rights praxis in health calls for addressing issues of structural inequality and political economy, and working across disciplinary silos through networks and social movements.

Research Handbook on Global Health Law

Research Handbook on Global Health Law
Author: Gian Luca Burci,Brigit Toebes
Publsiher: Edward Elgar Publishing
Total Pages: 576
Release: 2018-11-30
Genre: LAW
ISBN: 9781785366543

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The effect of Globalization on health has attracted the attention of scholars and policy makers across multiple disciplines. A key concern is the regulation of international health protection, and in particular the use of international health instruments and the complex interaction between international law and health considerations. For the first time, a group of law and policy scholars have analysed these issues, drawing on knowledge from their respective fields. The resulting book provides comprehensive coverage of contemporary issues in global health law and governance.

Irregular Migrants and the Right to Health

Irregular Migrants and the Right to Health
Author: Stefano Angeleri
Publsiher: Cambridge University Press
Total Pages: 327
Release: 2022-08-04
Genre: Political Science
ISBN: 9781009063173

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In our globalised world, where inequality is deepening and migration movements are increasing, states continue to maintain strong regulatory control over immigration, health and social policies. Arguments based on state sovereignty can be employed to differentiate irregular migrants from other groups and reduce their right to physical and mental health to the provision of emergency medical care, even where resources are available. Drawing on the enabling and constraining factors of human rights law and public health, this book explores the scope and limits of the right to health of migrants in irregular situations, in international and European human rights law. Addressing these peoples' health solely with an exceptional medical paradigm is inconsistent with the special attention granted to people in vulnerable situations and non-discrimination in human rights, the emerging rights-based approach to disability, the social priorities of public health and the interdependence of human rights.

The Oxford Handbook of Constitutional Law in Latin America

The Oxford Handbook of Constitutional Law in Latin America
Author: Conrado Hübner Mendes,Roberto Gargarella,Sebastián Guidi
Publsiher: Oxford University Press
Total Pages: 970
Release: 2022
Genre: Law
ISBN: 9780198786900

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Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities that transcend the mere geographical contiguity of these countries. This Handbook depicts the constitutional landscape of Latin America by shedding light on its most important differences and affinities, qualities and drawbacks, and by assessing its overall standing in the global enterprise of democratic constitutionalism. It engages with substantive and methodological conundrums of comparative constitutional law in the region, drawing meaningful comparisons between constitutional traditions. The volume is divided into two main parts. Part I focuses on exploring the constitutions for seventeen jurisdictions, offering a comprehensive country-by-country critique of the historical foundations, institutional architecture, and rights-based substantive identity of each constitution. Part II presents comparative analyses on the most controversial constitutional topics of the region, exploring central concepts in institutions and rights. The Oxford Handbook of Constitutional Law in Latin America is an essential resource for scholars and students of comparative constitutional law, and Latin American politics and history Written by leading experts, it comprehensively examines constitutions, controversies, institutions, and constitutional rights in Latin America.

Mother Cow Mother India

Mother Cow  Mother India
Author: Yamini Narayanan
Publsiher: Stanford University Press
Total Pages: 480
Release: 2023-02-14
Genre: Social Science
ISBN: 9781503634381

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India imposes stringent criminal penalties, including life imprisonment in some states, for cow slaughter, based on a Hindu ethic of revering the cow as sacred. And yet India is among the world's leading producers of beef, leather, and milk, industries sustained by the mass slaughter of bovines. What is behind this seeming contradiction? What do bovines, deemed holy in Hinduism, experience in the Indian milk and beef industries? Yamini Narayanan asks and answers these questions, introducing cows and buffaloes as key subjects in India's cow protectionism, rather than their treatment hitherto as mere objects of political analysis. Emphasizing human–animal hierarchical relations, Narayanan argues that the Hindu framing of the cow as "mother" is one of human domination, wherein bovine motherhood is simultaneously capitalized for dairy production and weaponized by right-wing Hindu nationalists to violently oppress Muslims and Dalits. Using ethnographic and empirical data gathered across India, this book reveals the harms caused to buffaloes, cows, bulls, and calves in dairying, and the exploitation required of the diverse, racialized labor throughout India's dairy production continuum to obscure such violence. Ultimately, Narayanan traces how the unraveling of human domination and exploitation of farmed animals is integral to progressive multispecies democratic politics, speculating on the real possibility of a post-dairy society, based on vegan agricultural policies for livelihoods and food security.