|
| Udgave: |
Jura Kandidatuddannelsen 2012/2013 |
| ECTS points: |
10 ECTS |
| Punkter: |
10 ECTS |
| Skemagruppe: |
B2 |
Semester: |
Autumn |
|
3 Hours weekly, 34 hours in total |
| Uddannelsesdel: |
Kandidat niveau |
| Kontaktpersoner: |
Fagansvarlig: Professor Mette Hartlev |
| Andre undervisere: |
Professor, PhD, LL.D, Mette Hartlev |
| Undervisnings- periode: |
Every tuesday 12-15
1 day: Tuesday 4. september 2012 |
| Formål: |
The overall aim of the course is to increase the understanding of international human rights dimensions in the field of health and patients rights. International human rights relating to health and patients’ rights will be explored, and it will be examined how human rights are defined and implemented in the area of health and patients’ rights. By taking an international and a comparative legal approach, it is intended to gain profound insight into existing health and patients’ rights issues and how they can be addressed from a legal perspective. |
| Indhold: |
Human rights and health law has developed in close collaboration after the Second World War. However, the area of ‘Health and Human Rights’ is still a new and developing area under international human rights law and international health law. In this course international human rights law is used as a framework to address a number of health and patients’ rights related issues.
These issues will be addressed from an international, but also from a national (comparative) perspective. In this way an overview is provided of the international and national legal perspectives involved in the health issue concerned. For example, when discussing the issue of abortion, the relevant international human rights (e.g. life, privacy and reproductive health) are taken as the starting points.
The question is addressed to what extent international human rights law on the one hand defines a ‘right to abortion’ and on the other hand protects the life of the unborn. In relation to this, a number of national laws are discussed that either prohibit or allow abortion. This will be followed by a discussion of ‘best practices’ in relation to the regulation of abortion. Questions that will be addressed throughout the course are, for example: Which human rights are relevant for the protection of health and patients’ rights? Does a right to health entitle individuals to have optimal treatment?, Does a right to life embrace a ‘right to die’? ; To what extent have countries, including Denmark, enacted legislation that allows for euthanasia? Does a right to ‘reproductive health’ exist and what does it imply?; How has the European Court of Human Rights (ECtHR) dealt with environmental health issues?; How does international trade law affect access to drugs in developing countries? The course will cover the following topics:
• Introduction to international human rights law;
• Introduction of the area of ‘health and human rights’;
• Economic, social and cultural rights and health: definition of a ‘right to health’ and of a ‘right to water’ and a ‘right to environmental health protection. Topics: the rights to the highest attainable standard of health, public health and individual rights, privatisation of health and water services / health sector corruption,
• Civil and political human rights and health: the rights to life, the prohibition of torture, the right to privacy and family life, the right to health-related information. Topics: right to self-determination, psychiatric patients and euthanasia;
• Reproductive health: definition of a ‘right to reproductive health’. Topics: abortion and sex selection;
• HIV/AIDS, health, and human rights. Topics: mandatory testing, the criminalisation of transmission, neglected diseases, and the role of the pharmaceutical industry.
• Disability and health. Topics: disabled persons as a vulnerable group, the UN Disability Convention, the ‘social model’ of disability in relation to access to health care services.
Relevant case law of the European Court of Human Rights, The European Committee of Social Rights, the Human Rights Committee (HRC) and national courts will be included. Students will be required to report back to the class on the regulations in their country regarding several health issues (eg. abortion). They will also be required to give a (non-assessed) 10-minute presentation during one of the seminars, for which they can sign up during the first seminar. |
| Kompetence- beskrivelse: |
The objective of the course is to enable students to:
• Describe the character and functioning of the international human rights instruments and mechanisms;
• Identify and explain the connection between health and international human rights law,
• Understand and explain the meaning and implications of the international human ‘right to health’;
• Identify, discuss and put into perspective the human rights issues involved in the problems related to patients’ right to dignity, self-determination, privacy, reproductive health, HIV/AIDS, as well as disability;
• Make a comparative legal analysis of the issues of euthanasia; abortion, and sex selection;
• Critically reflect upon how the ECtHR, the European Committee on Social Rights, the HRC and national courts address various health-related topics;
• Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a structured and coherent way. |
| Eksamensform: |
Oral exam based on synopsis, 20 minutes |
| Eksamen: |
10. - 14. December 2012(preliminary dates) |
| Kursus hjemmeside: |
 |
| Pensum: |
Brigit Toebes (ed:), "Health and Human Rights", Intersentia 2012 Supplementary material provided in Absalon
In total 500 pages |
| Undervisnings- sprog: |
Kun engelsk
|
| Sidst redigeret: |
2/7-2012 |