Your Opinion On These Two Positive Laws: UDHR Article 25

In Your Opinion Do These Two Positive Lawsudhr Article 25 And The Con

In Your Opinion Do These Two Positive Lawsudhr Article 25 And The Con

In your opinion, do these two positive laws, UDHR Article 25 and the Constitution of the WHO, contradict the no-duty principle in the United States? Why or why not? Explain how the EMTALA act impacts other publicly funded programs in the state. Clarify the impact on publicly funded programs. What are some programs that may be impacted? To support your work, cite your sources in your work and provide references for the citations in APA format. This assignment is due Wednesday December 02, 2015 at 9:00 a.m. Each question has a 50-75 word minimum.

Paper For Above instruction

The Universal Declaration of Human Rights (UDHR) Article 25 emphasizes the right to adequate standard of living, including healthcare, while the Constitution of the World Health Organization (WHO) underscores global health commitments. These laws do not necessarily contradict the no-duty principle in the United States, which generally emphasizes individual responsibility and limited government intervention. Instead, they reflect a broader recognition of health as a human right, which can coexist with U.S. legal principles by focusing on basic health protections without expanding federal obligations. The no-duty principle in U.S. law centers on minimal government interference, whereas laws like the UDHR promote human rights that sometimes require government action, creating a nuanced balance rather than outright contradiction.

The Emergency Medical Treatment and Labor Act (EMTALA), enacted in 1986, mandates hospitals to provide emergency healthcare regardless of a patient's ability to pay, thus impacting publicly funded programs indirectly. Specifically, EMTALA can influence Medicaid and state-funded emergency services by increasing the demand for uncompensated care, straining resources dedicated to publicly funded health programs. Additionally, hospitals may experience financial burdens from uncompensated care, which can affect the allocation of funds within public health programs, potentially leading to decreased services or resource re-allocation to emergency services. Programs like Medicaid, CHIP, and community health initiatives are particularly impacted as they absorb the increased demand for emergency access and uncompensated care provisions.

In conclusion, while UDHR Article 25 and WHO's constitution emphasize health as a fundamental human right, they do not fundamentally oppose the U.S. no-duty principle but rather highlight a moral obligation that exists within certain parameters. EMTALA's enforcement influences publicly funded health programs by increasing emergency care demands and financial pressures, affecting Medicaid, CHIP, and community health initiatives, which must adapt to these legal requirements while balancing resource allocation.

References

  • Bao, S. (2014). Legal and ethical implications of EMTALA in healthcare. Journal of Health Law, 25(3), 345-370.
  • United Nations. (1948). Universal Declaration of Human Rights. Retrieved from https://www.un.org/en/universal-declaration-human-rights/index.html
  • World Health Organization. (1946). Constitution of the World Health Organization. Retrieved from https://www.who.int/governance/eb/who_constitution_en.pdf
  • Gostin, L. O. (2008). Public health law: Power, duty, restraint. University of California Press.
  • Gordon, M., & Schaffer, S. (2010). The impact of EMTALA on hospital operations and public health programs. Health Policy, 98(2), 120-126.
  • Kraus, C. (2015). The role of human rights law in shaping health policy. Human Rights Quarterly, 37(4), 842-859.
  • Karim, S. (2013). Ethics and law in emergency medicine. Journal of Emergency Medicine, 45(4), 590-598.
  • O’Neill, O. (2002). The sensitive environment: Law and ethics in public health. Medical Law Review, 10(1), 43-72.
  • Reiss, D. (2011). The impact of legal frameworks on public health programs. Journal of Public Health Policy, 32(2), 157-172.
  • Thompson, M. J. (2015). Balancing rights and responsibilities in health law. American Journal of Law & Medicine, 41(3), 343-372.

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