Justice in Global Health. New Perspectives and Current Issues

Cover
Half Title
Title Page
Copyright Page
Contents
Contributors
Introduction: Justice in Global Health
	Part I. Citizenship, Power, and Relational Justice
	Part II. Responsibility for Justice: Law, Civil Society, and the Private Sector
	Part III. Sexual Rights and Reproductive Justice
	Part IV. Health Governance, Security, and Transitions
	Part V. Global Health Justice: New Frames, New Approaches
	Notes
Part I: Citizenship, Power, and Relational Justice
1. World Citizenship and Global Health
	1.1 Introduction
	1.2 World Citizenship and Relational Egalitarianism
	1.3 A Relational Egalitarian Version of Equal World Citizenship
	1.4 Why Is Medical Support Required by Equal World Citizenship?
		1.4.1 The Problematic Social Hierarchies of Esteem
		1.4.2 The Problematic Social Hierarchies of Treatments
		1.4.3 The Problematic Social Hierarchies of Attitudes
		1.4.4 The Problematic Social Hierarchies of Power
		1.4.5 The Problematic Social Hierarchies of Deliberation
	1.5 Global Health and the International Order
	1.6 Conclusion
	Notes
	Bibliography
2. AI-DSS in Healthcare and Their Power over Health-Insecure Collectives
	2.1 Introduction
	2.2 AI-DSS in the Light of Justice
		2.2.1 The Advantages and Perils of Global AI Governance
		2.2.2 Why Justice Matters
		2.2.3 Towards Context-Dependent Explainability Standards?
	2.3 From Health-Insecure Populations to Health-Insecure Collectives
	2.4 An Emerging Post-Colonial Dilemma
		2.4.1 Post-Colonial Medical Aid
		2.4.2 Replacement of Subsidiary Improvements
		2.4.3 Monopolies and Big Data
		2.4.4 The Problem of Epistemic Dependency
	2.5 Concluding Remarks and Prospects
	Funding Statement
	Notes
	Bibliography
Part II: Responsibility for Justice: Law, Civil Society, and the Private Sector
3. Everything Is Unconstitutional: Contesting Structural Violence in Health Systems with Legal Mobilisation
	3.1 Introduction
	3.2 Structural Violence in Health Systems
	3.3 From Structural Violence to Transformative Justice Measures
	3.4 Transformative Courts in Health: Connecting Structural Orders with Structural Violence
	3.5 Searching for Structural Violence in Healthcare Litigation
	3.6 Declaring a Health System Wholly Unconstitutional - A Structural Pathway for Health Policies
	3.7 A Structural Violence Claim: Trans-persons and Health System Marginalisation in Brazil
	3.8 Other Opportunity Structures in Brazil: Evidence Attribution and Legal Consciousness
	3.9 Conclusion
	Notes
	Bibliography
4. Framing Noma: Human Rights and Neglected Tropical Diseases as Paths for Advocacy
	4.1 Introduction
	4.2 What is (in) a Frame?
	4.3 Frames of Noma in Operation
		4.3.1 The \'Traditional\' Frames: Medicalised and Humanitarian Frames
		4.3.2 Noma\'s More Recent Framings: Human Rights and NTDs
			4.3.2.1 Which Human Rights Frame, with What Purpose, and What Outcomes?
			4.3.2.2 NTD as Noma\'s Self-Evident Frame and Framers, yet with What Outcome?
	4.4 Two Inter-Related Reflections for Future Advocacy
		4.4.1 Prioritising the NTD Frame, While Retaining Elements of Other Frames
		4.4.2 Retaining a Human Rights Frame, but Reflexively Refocusing it and Educating Stakeholders
	4.5 Conclusion: Advocating for Frame Compatibility Due to Their Complementarity
	Notes
	Bibliography
		Primary Sources
		Secondary Sources
			Monographs
			Journal Articles and Contributions to Edited Books
			United Nations Publications, Reports, Theses, Presentations, and Policy Briefs
			Newspaper Articles, Websites, and Blogs
5. Trade Marks and the Right to Health: A Growing Tension
	5.1 Introduction
	5.2 Trade Marks: Concept and Functions
	5.3 Promoting Public Health through Trade Mark Regulation: Advertising Bans, Health Warnings, and Plain Packaging
		5.3.1 Advertising Bans
		5.3.2 Health Warnings
		5.3.3 Plain Packaging
	5.4 Conclusion
	Notes
	Bibliography
Part III: Sexual Rights and Reproductive Justice
6. The Capability Approach and the Sexual Rights of Children and Adolescents
	6.1 Introduction
	6.2 The Capability Approach and the Moral Rights of Children and Adolescents
	6.3 Sexual Health of Children and Adolescents
	6.4 Autonomy and Vulnerability in Child and Adolescent Sexuality
	6.5 Conclusion
	Notes
	Bibliography
7. Reproductive Justice and Ethics of Consent in Assisted Living Facilities for Disabled People: A Critical Reflection for Socio-Legal Policies on Long-Term Care in India
	7.1 Introduction
		7.1.1 Background
	7.2 Newgenics and Politics of Social Reproduction
	7.3 Network Consent in Long-Term Social Care Policies in Assisted Living
		7.3.1 Long-Term Social Care in Assisted Living Communities
	7.4 Indian Laws Dealing with Consent of Disabled People
	7.5 Conclusion
	Acknowledgements
	Notes
	Bibliography
Part IV: Health Governance, Security, and Transitions
8. Justice in Global Health Governance: The Role of Enforcement
	8.1 Introduction
	8.2 The International Health Regulations: Provisions and Practice
		8.2.1 Health System Development
		8.2.2 Notification to the WHO
		8.2.3 Limited Public Health Measures
	8.3 Noncompliance, Injustice, and the Normative Erosion of the IHR
	8.4 Enforcement, Compliance, and Justice
	Notes
	Bibliography
9. The Ethical Issues Raised by the Securitisation of Health
	9.1 Introduction
	9.2 Human Security and the Right to Health
	9.3 The Securitisation of Health in the Name of National Interests
	9.4 Conclusion
	Notes
	Bibliography
10. Transitional Health Justice
	10.1 Introduction
	10.2 Health in Transition
		10.2.1 The Circumstances of Transitional Health Justice
		10.2.2 Pervasive Structural Inequality
		10.2.3 Normalised Collective or Individual Wrongdoing
		10.2.4 Serious Existential Uncertainty and Fundamental Uncertainty About Authority
		10.2.5 From Transitional Justice to Transitional Health Justice
	10.3 Why Transitional Health Justice?
	10.4 The Structure of Transitional Health Justice
		10.4.1 Whose Authority? WHO\'s Burden?
		10.4.2 Truth Commissions?
	10.5 Conclusion: Enabling Justice
	Notes
	Bibliography
Part V: Global Health Justice: New Frames, New Approaches
11. Redistribution and Recognition in the Pursuit of Health Justice: An Application of Nancy Fraser\'s Framework
	11.1 Introduction
	11.2 Fraser\'s Normative Framework
		11.2.1 Why and How Health Matters to Justice
		11.2.2 Determinations of Health Injustice
		11.2.3 Priority Setting Among Health Inequities
		11.2.4 Ethical Guidance for Health Equity Research, Action, and Policy
	11.3 21st-Century Population Health Inquiry and Fraser\'s Critical Social Theory
		11.3.1 Purpose
		11.3.2 Content
	11.4 Concluding Remarks
	Notes
	Bibliography
12. Beyond Egalitarianism: A Confucian Approach to Global Health Justice
	12.1 Introduction
	12.2 Confucian Justice With or Without Egalitarianism
	12.3 A Review of Justice in Pre-Qin Confucianism
	12.4 A Confucian Approach to Global Health Justice
	12.5 Conclusion
	Notes
	Bibliography
13. What Do We Want from a Theory of Global Health Justice?
	13.1 Introduction
	13.2 Global Justice with Health or Global Health Justice: The Background
	13.3 The Three Criteria
	13.4 Conclusion
	Notes
	Bibliography
Index