Public health law

Last updated

Public health law examines the authority of the government at various jurisdictional levels to improve public health, the health of the general population within societal limits and norms. [1] Public health law focuses on the duties of the government to achieve these goals, limits on that power, and the population perspective. [1]

Contents

Public health law also focuses on legal issues in public health practice and on the public health effects of legal practice.

Police power

Police power can be defined as the inherent power of a government to exercise reasonable control over persons and property within its jurisdiction in the interest of the general security, health, safety, morals, and welfare except where legally prohibited. These areas perpetuate are employed by governmental agencies. Bioterrorism is a growing focus of this practice area in some jurisdictions; for example, public health lawyers in the United States have worked in the creation of the Model State Emergency Health Powers Act and the Model State Public Health Act.

Disease and injury prevention

This broader area of public health law applies legal tools to public health problems associated with disease and injury. Practitioners apply legislation, regulation, litigation (private enforcement), and international law to public health problems using the law as an instrument of public health. Litigation against tobacco companies in the United States provides an excellent example.

Public health and individual rights

Some research suggests a tension in public health law regarding institutions' duties to protect public health and their duties to protect individual freedom: the best predictor of support for common public health recommendations such as hand-washing, mask-wearing, and staying at home (to avoid the spread of disease) were people's beliefs that we should prevent great harm when doing so doesn't cause greater harm, but the best predictor of flouting these public health recommendation was people's preferences for liberty over equality. [2] This suggests that public health policymakers may face a dilemma between being perceived as not protecting public health or as not protecting individual liberty. So securing support for public health laws will require a careful appeal to each of these seemingly competing concerns.

Footnotes

  1. 1 2 Ogalthorpe), Gostin, Lawrence O. (Lawrence (2016-02-02). Public health law : power, duty, restraint. Wiley, Lindsay F., 1977- (Third ed.). Oakland, California. ISBN   9780520958586. OCLC   910309614.{{cite book}}: CS1 maint: location missing publisher (link) CS1 maint: multiple names: authors list (link)
  2. Byrd, Nick; Białek, Michał (2021). "Your health vs. my liberty: Philosophical beliefs dominated reflection and identifiable victim effects when predicting public health recommendation compliance during the COVID-19 pandemic". Cognition. 212: 104649. doi: 10.1016/j.cognition.2021.104649 . PMC   8599940 . PMID   33756152.

See also

Related Research Articles

A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.

<span class="mw-page-title-main">Good Samaritan law</span> Legal protection for rescuers

Good Samaritan laws offer legal protection to people who give reasonable assistance to those who are, or whom they believe to be injured, ill, in peril, or otherwise incapacitated. The protection is intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death. An example of such a law in common-law areas of Canada: a Good Samaritan doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for wrongdoing. Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions should they make some mistake in treatment. By contrast, a duty to rescue law requires people to offer assistance and holds those who fail to do so liable.

<span class="mw-page-title-main">European Anti-Fraud Office</span> European Union agency

The European Anti-Fraud Office is a body mandated by the European Union (EU) with protecting the Union's financial interests. It was founded on 28 April 1999, under the European Commission Decision 1999/352. Its tasks are threefold:

<span class="mw-page-title-main">National Environmental Policy Act</span> United States federal environmental law (enacted 1970)

The National Environmental Policy Act (NEPA) is a United States environmental law designed to promote the enhancement of the environment. It created new laws requiring U.S. federal government agencies to evaluate the environmental impacts of their actions and decisions, and it established the President's Council on Environmental Quality (CEQ). The Act was passed by the U.S. Congress in December 1969 and signed into law by President Richard Nixon on January 1, 1970. To date, more than 100 nations around the world have enacted national environmental policies modeled after NEPA.

Nuisance is a common law tort. It means something which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir James Fitzjames Stephen as,

"an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majesty's subjects".

<span class="mw-page-title-main">United States environmental law</span> US environmental policy

United States environmental law concerns legal standards to protect human health and improve the natural environment of the United States.

Action on Smoking and Health (ASH) is the name of a number of autonomous pressure groups (charities) in the anglosphere that seek to publicize the risks associated with tobacco smoking and campaign for greater restrictions on use and on cigarette and tobacco sales.

<span class="mw-page-title-main">Health policy</span> Policy area that deals with the health system of a country or other organization

Health policy can be defined as the "decisions, plans, and actions that are undertaken to achieve specific healthcare goals within a society". According to the World Health Organization, an explicit health policy can achieve several things: it defines a vision for the future; it outlines priorities and the expected roles of different groups; and it builds consensus and informs people.

The Solicitors Regulation Authority (SRA) is the regulatory body for solicitors in England and Wales.

<span class="mw-page-title-main">Elizabeth Price Foley</span> American legal scholar

Elizabeth Price Foley is a conservative American legal theorist who writes and comments in the fields of constitutional law, bioethics, and health care law. She is a professor of law at Florida International University College of Law, a public law school located in Miami, Florida. She also serves as counsel to the Washington, D.C., office of BakerHostetler, LLP, where she practices constitutional, appellate, and food and drug law.

<span class="mw-page-title-main">Equality Act 2010</span> UK law

The Equality Act 2010, often erroneously called the Equalities Act 2010, is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in mostly England, Scotland and Wales; some sections also apply to Northern Ireland. These consisted, primarily, of the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting against discrimination in employment on grounds of religion or belief, sexual orientation and age.

<span class="mw-page-title-main">California Department of Justice</span> Statewide investigative law enforcement agency

The California Department of Justice is a statewide investigative law enforcement agency and legal department of the California executive branch under the elected leadership of the Attorney General of California (AG) which carries out complex criminal and civil investigations, prosecutions, and other legal services throughout the US State of California. The department is equivalent to the state bureaus of investigation in other states.

<span class="mw-page-title-main">Tobacco politics</span> Politics surrounding the use and distribution of tobacco

Tobacco politics refers to the politics surrounding the use and distribution of tobacco, likewise with regulations.

On 29 March 2010, the US District Court for the Southern District of New York found several of the patent claims on the BRCA1 and BRCA2 breast cancer genes held by Myriad Genetics to be invalid. The patents were initially issued on the basis that the genes were isolated and purified to a non-naturally occurring state, however the court found, amongst other things, that the purification was not markedly different from a product of nature and thus was not patentable. The ruling may have implications for holders of other gene patents and the patentability of other naturally occurring substances. It has the potential to directly affect the operation of the healthcare and medical research industries, particularly with regards to cancer treatment and prevention, and may alter the accessibility of such therapies to patients.

A private attorney general or public interest lawyer is an informal term originating in common law jurisdictions for a private attorney who brings a lawsuit claiming it to be in the public interest, i.e., benefiting the general public and not just the plaintiff, on behalf of a citizen or group of citizens. The attorney may, at the equitable discretion of the court, be entitled to recover attorney's fees if they prevail. The rationale behind this principle is to provide extra incentive to private attorneys to pursue suits that may be of benefit to society at large. Private attorney general suits are commonly, though not always, brought as class actions in jurisdictions that permit the certification of class action lawsuits.

A law enforcement agency (LEA) is any government agency responsible for law enforcement within a specific jurisdiction through the employment and deployment of law enforcement officers and their resources. The most common type of law enforcement agency is the police, but various other forms exist as well, including agencies that focus on specific legal violation, or are organized and overseen by certain authorities. They typically have various powers and legal rights to allow them to perform their duties, such as the power of arrest and the use of force.

<span class="mw-page-title-main">Office of the Oklahoma Attorney General</span>

The Office of the Attorney General (OAG) is an agency of the Oklahoma state government that is headed by the Attorney General of Oklahoma. The OAG is responsible for supervising the administration of justice across the State, providing legal assistance to the State government, and prosecuting violators of State law.

<span class="mw-page-title-main">State of Hawaii Department of the Attorney General</span>

The Attorney General of Hawaii, the chief legal officer and chief law enforcement officer of Hawaii, is responsible for the Department of the Attorney General which is charged with advising the various other departments and agencies of the state government and for the prosecution of offenses under state law.

The civil liability of a recreational diver may include a duty of care to another diver during a dive. Breach of this duty that is a proximate cause of injury or loss to the other diver may lead to civil litigation for damages in compensation for the injury or loss suffered.

Richard A. Daynard is an American legal scholar. He is a University Distinguished Professor at the Northeastern University School of Law.