Right to Health or the Human Right of Access to Essential Healthcare

The Universal Declaration of Human Rights refers to the human right to health and well-being including medical care, but for the majority of people whom are not covered by health insurance this is better said than done. Ensuring the access of all citizens to the needed medical care requires the provision of health insurance coverage to a population pool and gradually expanding the pool to the whole nation. The ethical perspective of pooling resources across various groups of people with different levels of income and different health risks associated with age, genetics, and lifestyle, may raise the issue of individual autonomy versus social solidarity. Governmental, social, private, and community-based healthcare coverage have been used in different countries with varying details in the sources of funding, pooling of contributions, and the purchase of the covered healthcare services; these models have had varying levels of success depending on not only the availability of funds, but also on the political commitment of the state and the social solidarity and cultural attitude of the population towards universal healthcare. Therefore, universal healthcare requires not only a certain level of economic development, but also a strong sense of solidarity among the people as well as a political commitment in their government. I argue that the statement regarding the right to health, well-being, and medical care needs to be rethought, and instead universal access to essential healthcare should be regarded as a basic human right.

Interpretation of the Concept of the Right to Internet Access from the Perspective of International Law

The advent of the internet era breeds a new concept, namely, the right to internet access. Many countries and international organizations, as well as individuals, are advocating or have already embodied it as a basic human right, thus enhancing the issues of whether it should be incorporated into the macro system of international human rights. By analyzing the facts, this article points out that the international concept of the right to internet access should be distinguished from its domestic concept, for there are no legal sources about the right to internet access for guidance as with some treaties in the current international law, despite its close relationship with some existing rights such as the freedom of speech, press and assembly, or the right of equality, or the right to development. And there is still a long time before the legal value and related responsibilities as well as the boundaries about the right to internet access becomes a consensus in the international society. Even though there is quite a possibility, this right hasn’t been embodied as part of international human rights, and thus hasn’t made a legal concept in international human right law.

THE HUMAN RIGHT TO ACCESS CLEAN ENERGY1

This paper proposes the existence of a human right to access clean energy in view of trends favoring greater resortto renewable energy sources within several parallel policy contexts. The existing international framework for theprotection and promotion of human rights may be applied to support an entitlement to access energy for individualbenefi t. However, the application of human rights norms to an appropriate energy source must also be compatiblewith the contemporary sustainable development agenda. This includes balancing economic development, sustainablyusing natural resources, environmental protection and poverty alleviation. A human rights approach must also besuffi ciently receptive to similarities and differences in the energy strategies of developed and developing States. It isargued that a human right to access clean energy more accurately refl ects intergovernmental concerns for both humandevelopment and environmental sustainability. While such a right can be employed to satisfy basic human needs, enhanceliving standards, maintain good human health and alleviate poverty, it can also contribute to the effi cient useof existing natural resources, the prevention of climate change and environmental protection.

The Rights of Persons Charged with Penal Offences to Access to Lawyers——A comparison between international and domestic laws

I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of Human Rights provides： ＂Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.＂ This means （1） the right to defence is a basic human right due to all persons charged with a penal offence; （2） it is a basic requirement for the principle of presumption of innocence and fair trial; and （3） the realization of the fight needs practical and effective guarantees.

Ending Privacy’s Gremlin: Stopping the Data-Broker Loophole to the Fourth Amendment’s Search Warrant Requirement

Advances in technology require upgrades in the law. One such area involves data brokers, which have thus far gone unregulated. Data brokers use artificial intelligence to aggregate information into data profiles about individual Americans derived from consumer use of the internet and connected devices. Data profiles are then sold for profit. Government investigators use a legal loophole to purchase this data instead of obtaining a search warrant, which the Fourth Amendment would otherwise require. Consumers have lacked a reasonable means to fight or correct the information data brokers collect. Americans may not even be aware of the risks of data aggregation, which upends the test of reasonable expectations used in a search warrant analysis. Data aggregation should be controlled and regulated, which is the direction some privacy laws take. Legislatures must step forward to safeguard against shadowy data-profiling practices, whether abroad or at home. In the meantime, courts can modify their search warrant analysis by including data privacy principles.

In Bangla There Is No Word for Vagina —Reflections on Language, Sexual Health, and Women’s Access to Healthcare in Resource-Limited Countries

Language plays a central role in how gender and sexuality are described. In Bangla or Bengali, physicians, when educating and counseling women patients, do not have a socially acceptable word for “vagina”. If language is missing for female genitalia or important female sexual functions, could this absence reflect on the position of women in society, reproductive rights, and access to healthcare? Is there a relationship between language and the high rates of the gender-based cervical and breast cancers in some low and middle-income countries? This commentary examines scholarship on the topic of language, the female body, gender-based violence, disparities of healthcare for women, and the consequences of language on sexual attitudes and health.

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

Over the years,civil society organizations(CSOs)have made tremendous efforts to ensure that state policies,programmes,and actions facilitate equitable access to healthcare.While CSOs are key actors in the realization of the right to health,a systematic understanding of how CSOs achieve policy change is lacking.Implementation 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 reforms.This article argues for the use of evidence-based strategies to enhance civil society action.We 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 effectively.More 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 account.Although 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.

Consular Notification Practice from the Perspective of International Human Rights Protection

The development of the humanization of international law has driven innovations in consular law.Consular treaties tra-ditionally governing consular relations among states have begun to incorporate provisions for the protection of individual rights.Article 36(1)of the Vienna Convention on Consular Relations is seen as a“rights-empowering”clause,endowing consular notification with dual rights attributes and obligations and triggering consular assistance and protection mechanisms.Bilateral consular practices of states have also led to the customary implementation of mandatory notification duties,with consular notification evolving into a widespread state practice.Human rights documents,represented by the core United Nations human rights treaties,have gradually incorporated consular notification provisions,further reinforcing its procedural value in the human rights law implementation mechanism.In death penalty cases,international human rights bodies have promoted the human rights enhancement of“consular access”through consular notification,with specific recommendations and information-sharing mechanisms that will significantly advance the human rights enhancement process of consular notification.

Challenges and New Directions of Information Accessibility for Persons with Disabilities in China: From the Perspective of the Convention on the Rights of Persons with Disabilities

Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting information accessibility is considered an important obligation for the State In the process of transforming international human rights law into domestic law, how to deal with the human rights protection of persons with disabilities and the obligations of the private sector to ensure persons with disabilities receive services and products that meet the requirements and principles of information accessibility has become a development issue in the new era Against the backdrop of the Convention on the Rights of Persons with Disabilities and in the context of the booming development of the cause of persons with disabilities in China, legal scholars, persons with disabilities, and organizations have jointly proposed the Beijing Initiative on the Principles of Information Accessibility for Science and Technology Products It clarifies that the private sector should embrace the human rights model advocated by the Convention in terms of information accessibility, and provide equal participation for persons with disabilities in the process of designing, producing and selling scientific and technological products The Initiative also states that the private sector should keep pace with the United Nation’s sustainable development goals and the basic national policy of building a well-to-do society in an all round way, ensuring persons with disabilities are included within a moderately well-off society It also provides civil opinions on the formulation and clarification of relevant laws in the future.

GATT1994第20条的权利性质分析——对WTO上诉机构相关裁决的思考

GATT第20条"一般例外"条款的核心是,豁免成员方为保护人类生命健康以及保护可用竭资源等目的而采取违反WTO规则或其所作承诺的贸易限制措施,在WTO体制尚无具体环境规则的情形下,该条款是WTO成员方可资援引以实现环境保护目的的重要协定条款。但根据WTO上诉机构的裁决,在出口税方面,中国政府却无权引用"一般例外"条款,这在WTO成员中绝无仅有,其后果十分严重。在现代国际法中,GATT第20条保护的人权、动植物的生命健康权以及可持续发展权均是主权国家应享有的固有权利,是国际法赋予国家的固有权利,同时也是主权国家必须履行的国际法义务,绝不可因WTO成员方明示或暗示、直接或间接、单方或协议的方式而被放弃。WTO上诉机构认定,中国因《加入议定书》第11.3条未明确规定引入GATT1994或"一般例外"就丧失了援引"一般例外"条款的豁免权利,这样的结论与国际法的理论和最新实践可谓背道而驰。

加入WTO与国有企业战略重组

加入WTO给国有企业带来了新的机遇和挑战。为了在新的国际竞争形势下更好地生存与发展 ,国有企业必须加速战略重组步伐。为迎接“入世”挑战 ,国有企业的战略重组至少应从三个方面着手 :产权重组、规模重组和经营战略再造。

论WTO拓展新冠疫苗可及性的专利豁免

2022年6月,世界贸易组织第十二届部长会议达成《关于世贸组织新冠肺炎疫情应对和未来疫情应对准备的部长宣言》以及豁免新冠疫苗专利的《关于〈与贸易有关的知识产权协定〉的部长决定》等共识。WTO新冠疫苗专利豁免,是激励技术创新的知识产权保护与为构建人类卫生健康共同体拓展疫苗可及性之间的妥协性平衡。WTO新冠疫苗专利豁免在豁免对象、豁免范围和豁免期限均作出了严格限制,并且囿于原材料稀缺、高学习曲线与技术秘密限制等因素,专利豁免的效果仍具有不确定性。我国作为拥有一定新冠疫苗自主研发和制造能力的发展中国家,既是专利豁免方,也是专利被豁免方,应当坚持构建人类命运共同体、人类健康共同体的立场,积极支持落实新冠疫苗专利豁免,在专利豁免过程中积累经验,进一步完善我国专利强制许可制度。

Percutaneous transhepatic access for catheter ablation of a patient with heterotaxy syndrome complicated with atrial fibrillation:A case report

BACKGROUND Atrial fibrillation(AF)is one of the most common arrhythmias,and radiofrequency catheter ablation is the most effective treatment strategy.The inferior vena cava(IVC)is a common approach for radiofrequency ablation of AF.However,this approach may not be applied to some cases such as chronic venous occlusions,surgical ligation of the IVC,and heterotaxy syndrome(HS).CASE SUMMARY A 68-year-old man with HS suffered from severely symptomatic persistent AF for 9 years,and we successfully ablated by percutaneous transhepatic access.CONCLUSION In patients without femoral vein access,the use of the hepatic vein for pulmonary vein isolation is a viable alternative for invasive electrophysiology procedures.

Geospacial information utilized under the access control strategy

This paper introduces a solution to the secure requirement for digital rights management （DRM） by the way of geospacial access control named geospacial access control （GeoAC） in geospacial field. The issues of authorization for geospacial DRM are concentrated on. To geospacial DRM, one aspect is the declaration and enforcement of access rights, based on geographic aspects. To the approbation of digital geographic content, it is important to adopt online access to geodata through a special data infrastructure （SDI）. This results in the interoperability requirements on three different levels： data model level, service level and access control level. The interaction between the data model and service level can be obtained by criterions of the open geospacial consortium （OGC）, and the interaction of the access control level may be reached by declaring and enforcing access restrictions in GeoAC. Then an archetype enforcement based on GeoAC is elucidated. As one aspect of performing usage rights, the execution of access restrictions as an extension to a regular SDI is illuminated.

Reference Encryption for Access Right Segregation and Domain Representation

With reference to a protection model featuring processes, objects and domains, we consider the salient aspects of the protection problem, domain representation and access right segregation in memory. We propose a solution based on protected references, each consisting of the identifier of an object and the specification of a collection of access rights for this object. The protection system associates an encryption key with each object and each domain. A protected reference for a given object is always part of a domain, and is stored in memory in the ciphertext form that results from application of a double encryption using both the object key and the domain key.

Protection of the Rights and Interests of Persons with Disabilities in China:Ideas,System and Challenges

People under the interpretation of Chinese culture have multiple values It emphasizes not only people in the collective sense, but also individuals in the individual meaning According to the Constitution of the People’s Republic of China, respecting and protecting the dignity and rights of persons with disabilities is the duty of the State and the whole of society, and one of the core values of the Constitution The protection system for the rights and interests of persons with disabilities in China has basically taken shape, with positive progress in the protection of the right to rehabilitation, the right to education, and the right to employment However, there are different challenges We should continue to promote the rule of law for persons with disabilities and build a more complete system for the protection of the rights and interests of persons with disabilities.

元宇宙下虚拟数字人信息保护的困境与解决路径

元宇宙下虚拟数字人信息与元宇宙用户信息实时传递,具有同步性,但相较于以自然人为主体的个人信息保护,虚拟数字人信息缺少相应的监管与保护措施,泄露风险加剧。现有立法无法对虚拟数字人信息保护的适用范围、责任认定等核心内容提供精细指引。基于此,当前应立足民法保护、算法技术归责以及行业规范三维路径。首先,确定虚拟数字人法律主体地位、厘清虚拟数字人信息保护范围;其次,建立算法数字技术归责体系,明确责任承担方式;最后,确定元宇宙平台的准入标准、明晰企业的权利义务。

WHAT DOES ACCESS TO JUSTICE REQUIRE？ -- OVERCOMING BARRIERS TO INVOKE THE UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Persons with disabilities have a right to effective access to justice under the United Nations Convention on the Rights of Persons with Disabilities （UNCRPD）. This article provides insights on the parameters of that right, including a close examination of the history and text of Article 13, which directly addresses access to justice and other relevant UNCRPD provisions. In addition to the UNCRPD, this article discusses implementation guidance from the Committee on the Rights of Persons with Disabilities, including its guidelines for State Party reports and jurisprudence. The initial reports by eleven States Parties -- Argentina, Azerbaijan, China, Costa Rica, Croatia, Dominican Republic, Ecuador, Hungary, Mexico, Peru and Turkmenistan - are also considered. The Committee＇s feedback regarding implementation of Article 13 by these eleven States parties is critiqued for being limited and inconsistent. This article then attempts to clarify what effective access to justice actually requires. It does so by focusing on the insights that can be drawn from implementation of Article 13 since the UNCRPD was adopted as well as implementation guidance from the Conference of States Parties, the International Disability Alliance, the World Network of Users and Survivors of Psychiatry and the National Center for Access to Justice. This article concludes with recommendations on how the Committee can improve its guidance on access to justice to help ensure that equal rights will not be illusory for persons with disabilities.

A Human Right to Internet Access： A Gewirthian Approach

The paper aims at exploring if we have sound philosophical reason to embrace a human right to Internet access. While attempts to make Internet access a candidate for the standing of human right have become popular in both the political and legal arenas, we still lack serious philosophical reflection on this issue. The paper first evaluates the arguments made by various authors, and then moves to provide its own conclusions. Its logic is that if （i） Internet access is crucial for enabling democracy, and （ii） democracy is a basic human right, then we may have at least prima facie reason to see such a technology as a derived human right whose normativity supervenes on the right to democracy.

Security analysis of access control model in hybrid cloud based on security entropy

To resolve the problem of quantitative analysis in hybrid cloud,a quantitative analysis method,which is based on the security entropy,is proposed.Firstly,according to the information theory,the security entropy is put forward to calculate the uncertainty of the system' s determinations on the irregular access behaviors.Secondly,based on the security entropy,security theorems of hybrid cloud are defined.Finally,typical access control models are analyzed by the method,the method's practicability is validated,and security and applicability of these models are compared.Simulation results prove that the proposed method is suitable for the security quantitative analysis of the access control model and evaluation to access control capability in hybrid cloud.