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The Journal of Human rights 2022年第6期21卷 1131-1157页

作者：满洪杰牛春燕 TIAN Tong(Translated) East China University of Political Science and Law Shandong University School of Law 不详

Noncommunicable chronic diseases have become the most important public health problem in the world today,so the focus of public health services should be shifted from the traditional area of communicable diseases to the prevention and control of chronic *** bad living habits are the most direct cause of chronic diseases,the most effective measure to prevent and control chronic diseases is to promote healthy lifestyles for the individual *** theories of equal health opportunity,the right to health from the perspective of human rights,and determinants of a healthy society provide justified reasons for the intervention of public power in individual health *** the current legal system,the intervention of public power is limited to flexible measures such as health education,which shows respect for individual ***,it is inconsistent with the needs of current public health *** should expand diversified intervention means to encourage individuals to make healthy choices under the guidance of the management ***“ladder of intervention”outlines a panoramic view of the intervention measures ***,for the selection of specific measures,it is necessary to consider the public health objectives and the invasion of individual freedom,introduce the“legal reservation principle”and“proportionality principle”as policy analysis tools,and reasonably choose intervention measures at different levels on the ladder to properly handle the tension between public power and private rights.

关键词： public health service prevention and control of chronic diseases right to health personal lifestyle ladder of intervention

History and Logical Progression of China's Public health System——From the Perspective of the Protection of the right to health

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The Journal of Human rights 2022年第6期21卷 1104-1130页

作者：付子堂庞新燕 CHEN Feng(Translated) School of Administrative Law Southwest University of Political Science and Law Institute of Human rights Southwest University of Political Science and Law 不详

A public health system generally refers to public utilities oriented toward protecting and improving health. It is intended to protect the health of the general public. Since the founding of the People’s Republic of China, China has constructed the largest healthcare system in the world. The 20th National Congress of the Communist Party of China(CPC), stressed that China will improve its public health system. Looking back at the history of China’s public health system from its inception to the reform and development and then improvement, it can be found that its development has always revolved around the theoretical logic of unifying rights and obligations and the practical logic of balancing the protection of the right to health and the regulation of state power. The fundamental goal is to protect the right to health of the people. The increasing health risks in modern society have changed require that efforts be made to construct a crisscrossing legal framework for public health, improve early-warning and emergency response mechanisms for public health emergencies,and integrate the health concept into all policies to further improve the public health system.

关键词： public health system right to health theoretical logic practical logic rule of law

The National Formation of the right to health:Taking Broadcast Gymnastics as an Example

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The Journal of Human rights 2023年第5期22卷 1067-1096页

作者：王理万 XU Chao(译) the Institute for Human rights China University of Political Science and Law 不详

Broadcast gymnastics,which was initiated in 1951,is one of the most widely adopted and popular mass sports activities in China,embodying the country's commitment to shaping the right to health of its *** history and development of broadcast gymnastics are closely tied to the destiny of the nation,reflecting clear national will,and aiming to achieve the goal of“shaping new individuals”.The institutional forms of broadcast gymnastics can be categorized into three stages:“military simulation”,“administrative reinforcement”and“market competition”,each of which aligns with the objectives and needs of different *** the establishment and promotion of broadcast gymnastics in China as a focal point helps construct a doctrinal framework for the right to *** on the purposes and means of health shaping,the implementation of the right to health can be divided into four types:national health projects,citizens'health rights,the social health industry,and civic health *** health projects,facilitated by legislative mechanisms,provide institutional support and supply for citizens'health *** right to health,as a social right,has both a subjective rights orientation and an objective value order orientation,thus establishing the individual's subject status in terms of their right to *** defense aspect is oriented toward rejecting excessive state intervention,while the benefit aspect directly links to the state's payment *** boundaries of state power also need to be defined in the social health industry and civic health ***,developing broadcast gymnastics involves adjusting its relationship with the overall objectives of the state and individual citizens'*** involves balancing the use of administrative and market methods,continually innovating sports programs that better suit diverse needs,and actively participating in the competition of the fitness market.

关键词： broadcast gymnastics right to health national formation institutional form boundary of rights

Positivist Typologies of the right to health Norms

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The Journal of Human rights 2021年第4期20卷 575-597页

作者：李广德 HU Genfu(Translated) the Law Institute of Chinese Academy of Social Science 不详

As the cornerstone of the rule of law in public health,the right to health is an important human right recognized by international covenants of human rights and widely absorbed by foreign constitutions and *** international covenants on human rights,the right to health is regarded as a social right,and its core connotation is“the right to the highest attainable standard of health,”which has been recognized by many global and regional human rights ***,it has become a norm for this right to be included in constitutions around the world,especially those in the emerging countries that became independent after World War II and is often embodied within the framework of the *** China as an example,the right to health in our legal system is included in the Constitution,and has been substantiated in the Law of the People’s Republic of China on the Promotion of Basic Medical and health Care and the Civil Code in the mode of“the same channel protection of public and private laws”.The rule of law and public policy are important means of substantiating the right to health(norms).The right to health in this category is confirmed and shaped by the policybased legal principles such as the principle of human rights protection,the principle of fairness,the principle of non-discrimination and the principle of due process,and covers the welfare policy and the health service system in modern countries.

关键词： right to health positivism legal sources health policy

What can implementation science offer civil society in their efforts to drive rights-based health reform?

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Global health Research and Policy 2023年第1期8卷 548-554页

作者： Diya Uberoi Tolulope Ojo Abi Sriharan Lincoln Lau Faculty of Law McGill University3644 Peel StMontrealQC H3A 1W9Canada Dalla Lana School of Public health University of Toronto155 College StreetToronto M5T 3M7Canada

Over the years,civil society organizations(CSOs)have made tremendous efforts to ensure that state policies,programmes,and actions facilitate equitable access to *** CSOs are key actors in the realization of the right to health,a systematic understanding of how CSOs achieve policy change is *** science,a discipline focused on the methods and strategies facilitating the uptake of evidence-based practice and research can bring relevant,untapped methodologies to understand how CSOs drive health *** article argues for the use of evidence-based strategies to enhance civil society *** hold that implementation science can offer an actionable frame to aid CSOs in deciphering the mechanisms and conditions in which to pursue rights-based actions most *** empirical studies are needed to generate evidence and CSOs have already indicated the need for more data-driven solutions to empower activists to hold policymakers to *** implementation science may not resolve all the challenges CSOs face,its frameworks and approaches can provide an innovative way for organizations to chart out a course for reform.

关键词： right to health Access to medicines Implementation science Civil society

Diabetes, Obesity and the Nutrition Transition in the Mercosur

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Open Journal of Endocrine and Metabolic Diseases 2016年第1期6卷 28-37页

作者： Tatiane Andreazza Lucchese Amanda Maia Breis Karine Rucker Vagner Rosa Bizarro Lis Marina Mesquita Araújo Alessandre Gomes Mikele Torino Paletti Ana Luísa Conceição de Jesus Marcella Garcez Duarte Denise Rosso Tenório Wanderley Rocha Alberto Krayyem Arbex Division of Endocrinology IPEMED Medical School (IPEMED) Sao Paulo Brazil Brazilian Association of Nutrology (ABRAN) Catanduva Sao Paulo Brazil Visiting Scholar Harvard T. H. Chan School of Public Health Harvard University Boston USA

Diabetes and obesity are major health hazards in Latin America nowadays. Their prevalence has steadily increased since the eighties. Today, more than 50% of the population are overweight, 15% has obesity and 6% to 15% has diabetes. The nutrition transition is a long-term process that brings chronic metabolic diseases as an undesired consequence, whilst ultra processed foods become increasingly part of daily food choices. These changes bring impacts in all fields of daily life, especially in the economic and legal fields—the “right to health”—and regarding autonomy of the individual and their choices, when confronted with an ideal of health and well-being. Governments and citizens struggle to propose new pathways and find effective solutions to control both epidemics and solve these issues. This article poses the evolution of diabetes and obesity in the Mercosur, seeking a better understanding of these chronic, non-communicable diseases, and looking for concrete, effective solutions towards health in South America.

关键词： Obesity Diabetes Mercosur Nutrition Transition right to health South America

Evolution of health law in Turkey

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History & Philosophy of Medicine 2022年第1期4卷 21-29页

作者： Serenay Agin Ertunc Mega Izmir Bar Association Sante LegalBayrakli/Izmir 35535Turkey University of health Sciences Fatih Sultan Mehmet Education and Research Hospital Bayrakli/Izmir 35535Turkey

Turkey has always been one of the leading countries in the field of health and fundamental *** Turkey is a member of many international organizations and a candidate state for the European Union,had some regulations on fundamental rights,patients rights and right to health,even before the international papers,such as the Universal Declaration of Human rights,did not come into *** always follows closely to the new developments in health care technologies,that is why Turkey continues to be one of the most chosen countries in international health *** improvements in health care drive Turkey to adjust its regulations related to patients'fundamental rights and right to access to *** the 2000s,health law postgraduate programs were founded in some universities in *** these programs,research in health law has been *** will be one of the leading countries in health law too in the next few *** this study,we started with the fundamental sources of the right to health in Turkey;then we continued with current objects at issue in Turkish health law;then we gave place to the current problems of Turkish health law such as reproductive rights,problems related to organ and tissue transplantations,increasing numbers of legal cases against health care professionals,their possible solutions and the future expectations.

关键词： health law medical law fundamental rights right to health right to access to health improvements in healthcare technologies Turkish medical law Turkish health law reproductive rights malpractice cases

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公权力干预个人健康选择的限度

宪法学、行政法学 2023年第6期

作者：满洪杰牛春燕

非传染性慢性病已成为当今世界最主要的公共卫生问题，公共卫生服务应将关注的目光从传统的传染性疾病领域转向慢性病的防控。鉴于不良生活习惯是导致慢性病的最直接原因，促进公民个人健康生活方式的形成成为慢性病防控的最有效措施。... 详细信息

非传染性慢性病已成为当今世界最主要的公共卫生问题，公共卫生服务应将关注的目光从传统的传染性疾病领域转向慢性病的防控。鉴于不良生活习惯是导致慢性病的最直接原因，促进公民个人健康生活方式的形成成为慢性病防控的最有效措施。健康机会平等理论、人权视角下的健康权理论与健康社会决定因素理论为公权力干预个人健康选择提供了正当化理由。现行法律体系将公权力干预限于健康教育等柔性措施的做法，彰显了对个人自治的尊重，却与当前公共卫生实践的需求不相符，应在管理型模式指引下，拓展多元化的干预手段以促进个人做出健康选择。“干预阶梯”为公权力对个人在健康层面可以选择的干预措施勾勒出了一幅全景图，但在具体措施的选用上，需结合公共卫生目标与对个人自由的侵入度加以考量，引入“法律保留原则”与“比例原则”作为政策分析工具，合理选择阶梯中处于不同梯度上的干预措施，以妥当处理公权力与私权之间的紧张关系。

关键词：公共卫生服务慢性病防控健康权个人生活方式干预阶梯 Public health Service Prevention and Control of Chronic Diseases right to health Personal Lifestyle Ladder of Intervention

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社会权司法化的正当性挑战及其出路