Advancing the Right to Health: the Vital Role of Law

N0032287 Group portrait of seven boys, Ethiopia

More than 20 years ago, Chris Reynolds, an Australian pioneer in our understanding of public health law, wrote that: “law is a powerful tool, as potent as any of the medical technologies available to treat disease”, and yet “our understanding of the potential of [public health law]…to help…citizens to lead longer and healthier lives, is not well developed”. (Reynolds, “The Promise of Public Health Law” (1994) 1 JLM 212).

A new report entitled Advancing the Right to Health: the Vital Role of Law, published last week by the World Health Organisation, illustrates just how central law is to our health and wellbeing.

The full report, and each of its chapters, can be downloaded (free of charge) here.

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Law a powerful tool for improving public health…everywhere

Countries around the world are using law and legislation across a broad range of areas to protect the health of their populations.

These areas include communicable and contagious diseases, and public health emergencies, maternal and child health, sanitation, water and vector control, the prevention of non-communicable diseases and their risk factors (such as tobacco, alcohol and obesity), prevention of violence and injuries, not to mention essential medicines and universal health coverage, and the regulatory challenges of strengthening health systems.

In each of these areas countries have a great deal to learn from each other.

One benefit of taking a global perspective on public health law is that you get a better sense how the field is buzzing with innovation.

For every jurisdiction where political will is lacking, there’s another that is trying out the new, whether at national, state, or local/city level.

Take legal responses to dietary risks as an example:

Even when new legislative proposals are adopted or accepted, they nevertheless illustrate new ways of addressing health risks, and possible future directions.

One example is the Sugar-Sweetened Beverages Safety Warning Bill introduced for three consecutive years into California’s legislature, which would have required sugar-sweetened beverages and vending machines to carry the warning: STATE OF CALIFORNIA SAFETY WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay.”

This proposal has not yet been successful in California.  However, San Francisco has passed a local ordinance requiring the same warning, although it is now subject to litigation.

N0032285 Group portrait of seven boys, Ethiopia

Sydney Health Law…partnering with WHO, IDLO and the O’Neill Institute

Advancing the right to health is the result of a collaboration between Sydney Law School’s health law program, the O’Neill Institute for National and Global Health Law at Georgetown University, the International Development Law Organisation (IDLO) and the World Health Organisation.

The key message from this report is that there is enormous, untapped potential for governments to use law more effectively to reduce health risks and to make communities healthier and more resilient.

The report provides guidance about issues and requirements to be addressed during the process of developing public health laws, with case studies drawn from countries around the world to illustrate effective law reform practices and critical features of effective public health legislation.

Advancing the Right to Health: The Vital Role of Law was launched at the Graduate Institute in Geneva by Dr Marie-Paule Kieny, Assistant Director-General, Health Systems and Innovation, WHO.  WHO’s feature on the report is available here.

For comments made by Mr David Patterson, Senior Legal Expert – Health, International Development Law Organisation, see here.

For comments made at the launch by Professor Roger Magnusson, principal author of the report, on the connections between public health law and universal health coverage, see the following link: roger-magnusson-comments-at-launch-of-report-advancing-the-right-to-health-16-jan-2017

Are you interested in studying health law?  Sydney Law School’s Graduate Diploma in Health Law, and Master of Health Law are open to both lawyers and non-lawyers.  For further information, click here.  For information on Sydney Health Law, the Centre for Health Law at Sydney Law School, click here.

N0032286 Group portrait of seven boys, Ethiopia
N0032286 Group portrait of seven boys, Ethiopia

It’s time for the government to stop shooting the messenger

The constant attacks on Professor Gillian Triggs represent attacks on the human rights and civil liberties that Australians value. Since 1986, the Human Rights Commission has been the watchdog for human rights for Australia.  The President and her Commissioners are necessarily independent of government and have a duty to fearlessly advocate for human rights protections and to criticise laws and policies that undermine the rights and freedoms Australians enjoy.

The current barrage of orchestrated attacks on Triggs is supposedly on the basis that her comments are politically motivated. Of course they are. Human rights lie at the core of our political system: they require government to protect their population and provide a political environment in which they can flourish. If human rights weren’t political they would make no sense at all.  The problem for the government is that it wants to ignore human rights yet remain immune from criticism.

The real criticism of Triggs is that she has been biased and is playing party politics. This is an absolute furphy. Party politics is about contested concepts but no one can contest the evidence of abuse of human rights that were raised in the Commission’s report. The timing of the report is irrelevant. What we need is a response from government that explains what has been happening and what will be done to protect the vulnerable children and adults that we are detaining. Instead the government’s response have been to shoot the messenger, call for her resignation and criminalise the release of further information about the detention of asylum seekers.

The government’s treatment of children in detention deserves particular censure, and in time may appropriately become the subject of a Royal Commission.  Children in detention are vulnerable and voiceless.  As fathers we are appalled by the failure of the government to provide minimum conditions for their safety and welfare.  Yet because the abuse is happening behind barricades, under secrecy, and in the name of national security, accountability is lacking.  If our politicians lack the parental instincts and moral convictions to take steps to protect children from harm, then we call on parents everywhere to hold them to account.  This goes beyond political differences.

The true strength of conservatism is its adherence and protection of our basic political institutions, particularly civil liberties, ministerial responsible government and the rule of law. Another important principle is that the Attorney General, as first law officer, should protect the officers that make that legal system work (like the President of the Human Rights Commission). A further traditional convention is for the Speaker of the House to stay out of political debate.

The government has turned its back on all of these bedrock principles of Australian politics. Minister Dutton’s refusal to engage with the report in any meaningful sense mocks the principle of ministerial responsibility. The Attorney General’s treatment of Triggs in and outside of parliament shows a complete dereliction of his duty. Speaker Bronwyn Bishop‘s criticism of Triggs as being biased on Q&A was bitterly ironic given her record breaking performance in Parliament. Given its complete abandonment of traditional values, this government no longer can call itself conservative.

The only reasonable criticism of Gillian Triggs that can be made is that she is doing her job too well. Moreover, she is the only one actually doing her job. Rather than question her position, we need to ask how much of the traditional architecture of responsible democracy this government is prepared to trash to get its own way. It is time for the government to return to the traditional values of Australian government before the damage done to the polity becomes irreversible.

 

Cameron is Professor of Health, Law and Ethics at Sydney Law School

Roger is Professor of Health Law and Governance at Sydney Law School

Ian Kerridge is an Associate Professor at the Centre for Values, Ethics and the Law in Medicine