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Law, Human Rights, and the Bioethical Discourse

Michael Freeman

in Law and Bioethics: Current Legal Issues Volume 11

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545520
eISBN:
9780191721113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545520.003.0006
Subject:
Law, Medical Law

This chapter considers a case study of global pharmaceutical patents to examine possible engagements between law, in particular human rights law, and bioethics. It argues that current theories of ... More


The Minimal Absolutist Approach I: Anti-absolutism as Morally Untenable

Yuval Ginbar

in Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the "Ticking Bomb" Justification for Torture

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199540914
eISBN:
9780191716256
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199540914.003.0004
Subject:
Law, Human Rights and Immigration

This chapter outlines the author's minimal absolutist view, a ‘bare-boned’ moral view that certain acts must be prohibited absolutely, i.e., must never be performed, whatever the consequences. ... More


Should We Criminalize HIV Transmission?

Rebecca Bennett

in The Criminal Justice System and Health Care

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199228294
eISBN:
9780191711343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228294.003.0013
Subject:
Law, Criminal Law and Criminology

This chapter analyses the criminalization of disease transmission by considering whether the convictions we have witnessed, since 2003, for reckless transmission of HIV during consensual sexual ... More


Medicalizing Crime—Criminalizing Health? The Role of Law

Jonathan Montgomery

in The Criminal Justice System and Health Care

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199228294
eISBN:
9780191711343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228294.003.0015
Subject:
Law, Criminal Law and Criminology

This chapter draws together the broad themes of the book, utilizing two of the areas of focus (the criminalization of medical malpractice and disease transmission) as case studies. A socio-legal ... More


FDA and the Rise of the Empowered Patient

Lewis A. Grossman

in FDA in the Twenty-First Century: The Challenges of Regulating Drugs and New Technologies

Published in print:
2015
Published Online:
May 2016
ISBN:
9780231171182
eISBN:
9780231540070
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231171182.003.0005
Subject:
Law, Medical Law

Although as recently as the 1970s patients had virtually no voice in FDA’s regulation of drugs, today patient advocates regularly use various administrative mechanisms to influence and even directly ... More


Background of the Debate

Holger Hestermeyer

in Human Rights and the WTO: The Case of Patents and Access to Medicines

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552177
eISBN:
9780191706936
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552177.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter discusses the facts that called attention to the conflict between the TRIPS Agreement and access to medicine. The public discussion was initially triggered by the pricing decision of the ... More


Lack of a Human Rights-based Approach to HIV and AIDS

Frans Viljoen

in International Human Rights Law in Africa

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199218585
eISBN:
9780191696107
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199218585.003.0015
Subject:
Law, Human Rights and Immigration

HIV/AIDS is as much a disease of society as it is a disease of the body. Not only does it invade the body's immune system, but it feeds off and further exacerbates pre-existing human rights ... More


Research on Human Subjects, Exploitation, and Global Principles of Ethics

John Harris

in Law and Medicine: Current Legal Issues Volume 3

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299189
eISBN:
9780191685644
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299189.003.0023
Subject:
Law, Philosophy of Law, Medical Law

In 1997, 5.8 million people became infected with HIV, 30.6 million people are living with HIV/AIDS, and infection is running at about 16,000 new infections a day, of which more than 90% are in ... More


Two Steps Forward, One Step Back: The Slow Forward Dance of LGBT Rights in America

Donald P. Haider-Markel and Jami Taylor

in After Marriage Equality: The Future of LGBT Rights

Published in print:
2016
Published Online:
January 2017
ISBN:
9781479883080
eISBN:
9781479898794
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479883080.003.0003
Subject:
Law, Family Law

This chapter explores some of the challenges in implementing marriage equality, including resistance from some government officials; the enactment of religious-based exemptions allowing public ... More


Out of the Shadows: Multiple Stigmas against African Transgender, Queer, Migrant, and HIV-Positive Sex Workers

Chi Adanna Mgbako

in To Live Freely in This World: Sex Worker Activism in Africa

Published in print:
2016
Published Online:
September 2016
ISBN:
9781479817566
eISBN:
9781479844647
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479817566.003.0004
Subject:
Law, Human Rights and Immigration

Chapter 3 discusses how whorephobia and sex work criminalization intersect with transphobia, homophobia, trafficking and sex work conflation, HIV/AIDS stigma, and discriminatory laws to create ... More


Solidarity Is Beautiful: Intersectionality of Sex Worker, Feminist, HIV, LGBT, and Social Justice Organizing

Chi Adanna Mgbako

in To Live Freely in This World: Sex Worker Activism in Africa

Published in print:
2016
Published Online:
September 2016
ISBN:
9781479817566
eISBN:
9781479844647
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479817566.003.0006
Subject:
Law, Human Rights and Immigration

This chapter discusses the role of intersectional movement building with similarly marginalized communities, including feminist, LGBT, HIV/AIDS, labor, harm-reduction, and anti-poverty groups. This ... More


Contagion and the Sovereign Body

Jeffrey S. Kahn

in Islands of Sovereignty: Haitian Migration and the Borders of Empire

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226587387
eISBN:
9780226587554
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226587554.003.0004
Subject:
Law, Human Rights and Immigration

This chapter traces the history of American ideas of Haitian social and biological pathology from the time of the US occupation of Haiti (and its reliance on 19th century tropes of Haitian contagion) ... More


3 Out of the Shadows: Multiple Stigmas against African Transgender, Queer, Migrant, and HIV-Positive Sex Workers

Chi Adanna Mgbako

in To Live Freely in This World: Sex Worker Activism in Africa

Published in print:
2016
Published Online:
September 2016
ISBN:
9781479817566
eISBN:
9781479844647
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479817566.003.0004
Subject:
Law, Human Rights and Immigration

Chapter 3 discusses how whorephobia and sex work criminalization intersect with transphobia, homophobia, trafficking and sex work conflation, HIV/AIDS stigma, and discriminatory laws to create ... More


5 Solidarity Is Beautiful: Intersectionality of Sex Worker, Feminist, HIV, LGBT, and Social Justice Organizing

Chi Adanna Mgbako

in To Live Freely in This World: Sex Worker Activism in Africa

Published in print:
2016
Published Online:
September 2016
ISBN:
9781479817566
eISBN:
9781479844647
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479817566.003.0006
Subject:
Law, Human Rights and Immigration

This chapter discusses the role of intersectional movement building with similarly marginalized communities, including feminist, LGBT, HIV/AIDS, labor, harm-reduction, and anti-poverty groups. This ... More


Not Just a Question of Capital: Health and Human Well-Being

Berta Esperanza Hernández-Truyol and Stephen Joseph Powell

in Just Trade: A New Covenant Linking Trade and Human Rights

Published in print:
2009
Published Online:
March 2016
ISBN:
9780814736937
eISBN:
9780814790861
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814736937.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter examines the impact of trade on health and human well-being. In particular, it considers how members of the World Trade Organization (WTO) can address human rights that take into ... More


Global Health: An Introduction

Michael Freeman

in Law and Global Health: Current Legal Issues Volume 16

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199688999
eISBN:
9780191768118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199688999.003.0001
Subject:
Law, Medical Law

Global health is defined as ‘the area of study, research, and practice that places a priority on improving health and achieving health equity for all people worldwide’. This introductory chapter ... More


Rotary Foundation Lecture

L.M. Singhvi

Abhishek Manu Singhvi and Lokendra Malik (eds)

in India's Vibgyor Man: Selected Writings and Speeches of L.M. Singhvi

Published in print:
2018
Published Online:
June 2019
ISBN:
9780199484164
eISBN:
9780199097012
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199484164.003.0014
Subject:
Law, Constitutional and Administrative Law

This chapter deals with Dr Singhvi’s observations on Rotary Club and its contribution for the humanity. He states that in the mission of translating the vision of human growth and dream of our world ... More


The Origins of Human Rights in Global Health

Lawrence O. Gostin and Benjamin Mason Meier

in Human Rights in Global Health: Rights-Based Governance for a Globalizing World

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190672676
eISBN:
9780190672713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190672676.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international ... More


Development of Human Rights through WHO

Benjamin Mason Meier and Florian Kastler

in Human Rights in Global Health: Rights-Based Governance for a Globalizing World

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190672676
eISBN:
9780190672713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190672676.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

With both the Universal Declaration of Human Rights (UDHR) and the World Health Organization (WHO) coming into existence in 1948, there was great postwar promise that these two institutions would ... More


Right to Survival: Health, Nutrition, and Shelter

Asha Bajpai

in Child Rights in India: Law, Policy, and Practice

Published in print:
2017
Published Online:
November 2017
ISBN:
9780199470716
eISBN:
9780199089079
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199470716.003.0008
Subject:
Law, Human Rights and Immigration

The right to survival of a child includes the access to healthcare, shelter, nutrition, and provision of an identity. This chapter includes the international human rights law and campaigns on right ... More


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