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Public health law is in the midst of a crisis of public confidence, which, this paper contends, has resulted from the lack of a thorough normative framework to ground public health law. This paper attempts to fill this gap by articulating a normative framework for public health law, situating it within a rule of law tradition in a limited, democratic state. This paper proceeds in three parts: it begins with a descriptive analysis of public health law; it examines the normative theories of rule of law and liberty; and, it examines public health law in light of the normative theories. This paper concludes that public health law, conceived as government interference, is consistent with rule of law and liberty and that rule of law and liberty help provide public health law with a normative framework.

<p> Attorneys in the United States suffer from higher-than-average rates of depression, substance abuse, and suicidal ideation. Although these facts are widely accepted, at the time of the study, there was no consensus in the legal or research communities as to the cause of these alarming statistics. The combination of behavioral and psychological distress experienced by attorneys may suggest that burnout is a contributing factor. This study examined the relationship between workplace stressors and professional burnout. The literature review summarized recent and landmark studies in the field, as well as explored characteristics unique to the legal profession that were putting attorneys at risk. In an effort to understand the best practices that reduced instances of burnout in practicing attorneys, the phenomenological study asked participants about their experiences as an attorney, as well as the practices they employed to mitigate professional stress. The research findings supported the literature review and resulted in important implications for law firms, bar associations, law schools, and practitioners.</p><p>

This thesis seeks to explore the human security threats that AIDS constitute to the West African people. West Africa has been badly hit by the AIDS epidemic and studies conducted have situated the discourse as a public health issue only. This thesis challenges that assertion by exploring the complex issues and linkages of HIV/AIDS, Conflict and Human Security in West Africa. Using peacekeepers, women and children as case studies, this thesis analyzed and identified a model for human security in West Africa with a particular emphasis on the right to health and access to anti-retroviral drugs in view of the astronomical rise in the growth of HIV/AIDS in the West African region.

This thesis seeks to explore the human security threats that AIDS constitute to the West African people. West Africa has been badly hit by the AIDS epidemic and studies conducted have situated the discourse as a public health issue only. This thesis challenges that assertion by exploring the complex issues and linkages of HIV/AIDS, Conflict and Human Security in West Africa. Using peacekeepers, women and children as case studies, this thesis analyzed and identified a model for human security in West Africa with a particular emphasis on the right to health and access to anti-retroviral drugs in view of the astronomical rise in the growth of HIV/AIDS in the West African region.

Le vieillissement de population rend inévitables les questionnements sur l’autonomie des personnes âgées. La vie en établissement rend inévitables les questionnements sur l'autonomie d’une personne accueillie ou accompagnée. La mission de protection de la personne rend inévitables les questionnements sur l’autonomie d’un majeur protégé. La liste est longue et peut parfaitement se poursuivre. Tous ces questionnements recoupent en réalité, la difficile conciliation entre l’autonomie et la protection, entre la liberté et la sécurité. Le Droit ne peut plus ignorer ces réalités. Il ne peut plus ignorer par exemple, l’existence d’un questionnement lorsqu’une personne âgée refuse son entrée en maison de retraite, mettant alors sa vie en danger. Il ne peut plus ignorer aussi la difficulté du consentement aux soins des majeurs sous mesure de protection. Cette étude ambitionne donc de revenir sur ces réalités pour envisager une protection de la personne, de son autonomie, conforme aux questions d’aujourd’hui. / The ageing of population makes inevitable questionings on the autonomy of the elderly. The life in establishment makes inevitable questionings on the autonomy of the vulnerable person. The mission of protection makes inevitable questionings on the autonomy of major one protected. The list is long and can perfectly continue. The list is long and can continue. All these questionings recut in reality, the difficult conciliation between the autonomy and the protection, between the freedom and the safetyThe law cannot ignore any more these realities. It cannot ignore any more for example, the existence of a questioning when an elderly person refuses its entrance to retirement home, putting then its life in danger. He cannot ignore any more also the difficulty of the consent in the care of the vulnerable adults. This study aspires to return on these realities to envisage a protection of its autonomy, in compliance with the questions of today.

Certain provisions of the Assisted Human Reproduction Act 2004 appear to have been enacted as a legislative response to the objections to surrogacy noted by the Royal Commission on New Reproductive Technologies in 1993. However, the legislation may not be successful in tackling concerns generated by recent developments in assisted reproductive technologies. This thesis identifies the shortcomings of the AHRA provisions that impact its ability to effectively regulate the surrogate act in Canada. The discussion suggests shifting the existing regulatory framework away from the imposition of legislative prohibitions on commercial surrogacy and towards a model that is more effective in dealing with the current reality of the surrogate arrangement. Upon consideration of regulatory regimes in Israel and the United Kingdom, a framework for surrogacy is suggested that balances the reproductive rights of the individuals who participate in such an arrangement, while minimizing the potentially exploitative aspects of the surrogate act.

Certain provisions of the Assisted Human Reproduction Act 2004 appear to have been enacted as a legislative response to the objections to surrogacy noted by the Royal Commission on New Reproductive Technologies in 1993. However, the legislation may not be successful in tackling concerns generated by recent developments in assisted reproductive technologies. This thesis identifies the shortcomings of the AHRA provisions that impact its ability to effectively regulate the surrogate act in Canada. The discussion suggests shifting the existing regulatory framework away from the imposition of legislative prohibitions on commercial surrogacy and towards a model that is more effective in dealing with the current reality of the surrogate arrangement. Upon consideration of regulatory regimes in Israel and the United Kingdom, a framework for surrogacy is suggested that balances the reproductive rights of the individuals who participate in such an arrangement, while minimizing the potentially exploitative aspects of the surrogate act.

This paper analyzes a 2009 U.S. policy which provided short term federal subsidies for COBRA health insurance premiums. COBRA allows the recently unemployed to continue purchasing health insurance through their employment-based insurance plan for a short time period after they become unemployed. Early analysis found low take-up rates for COBRA insurance due to the exceedingly high cost of full health insurance premiums, especially for those who have just lost a steady employment income. A short term 65 percent federal subsidy for COBRA insurance was implemented as a part of the American Recovery and Reinvestment Act in 2009. Subsidy policy proposed to increase take-up rates of COBRA and to keep national insurance rates from dropping during a time of rising unemployment. This paper finds a 3.09 percentage point increase in insurance rates for the unemployed when subsidies became available in 2009. It also finds that the gains made in 2009 were lost by 2010, suggesting that subsidies may have provided temporary relief but did not represent a long-term solution for many of the unemployed. Demographic analysis within the unemployed population determines that educated, middle to upper income earning men saw the greatest increases in insurance rates during this time. My analysis affirms previous research finding that COBRA eligibility requirements do not allow the majority of the low income, uninsured to receive federal assistance for health insurance through this policy. I also provide a positive analysis for the impact of direct-purchasing federal subsidies on insurance rates.

Aim The aim of the study was to establish if resources for health care were distributed in a manner which reflected justice and equity for people with mental illness at primary health care (PHC) level where mental health services were integrated into general health services. This was done by establishing if relevant South African health policy and legislation makes relevant provisions for the transformation of health care service in line with primary health care principles. Selected health care system delivery strategies were analysed to establish if these reflect justice and equity in the distribution of health resources within a particular health district. Finally, an appropriate workload criteria was used to establish how currently employed health personnel were allocated in terms of skill mix per population size within a selected health district. Methodology The study was conducted in eThekwini District in the Durban Metropolitan area. A combination of descriptive and analytic study designs were adopted using the Health Systems Research(HSR)l as the framework for the study. The descriptive component was used to set the context for the study. The analytic component was used to establish the causal link between mental health policy provisions and the current distribution of health resources. Human resource allocation was used as the indicator for mental health resource allocation.2 Simple random sampling method was used to select six sampling units of Primary Health care (PHC) areas from the sampling frame of three Sub-Districts which constituted eThekwini District; namely North, South and West Sub-Districts. Mental Health Policy and related Legislation was analysed to establish how these made provisions for resource allocations in mental health care. The South African Workload ratios from Rispel et.al. in WHO (2003) 3 were used to determine personnel allocation per level of care and per population size served. The distribution of personnel was calculated using the fulltime equivalent scale (FTE).4 The geographical location of health facilities was established from the District maps to determine the location of mental health personnel. Results At policy level, even though relevant health legislation makes specific provisions for the development, distribution and management of human resources, the literature review indicated that there are still gaps in policies for human resource production, distribution, management and health service delivery. At implementation level research findings indicated marked understaffing across all primary health care levels. Results also showed that the total number of currently employed health personnel in most sample PHC areas fell below the norm recommended for the population size. In addition, integrated primary health care service was mainly offered by one health discipline compared to the recommended personnel skill mix of eight health disciplines. On the other hand, there was also an underlying historical over-concentration of health facilities in urban-based areas compared to rural based areas. / Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2006.