Introduction
Health and law after the pandemic: Socio-legal observations
DOI:
https://doi.org/10.35295/osls.iisl.2015Keywords:
Right to health, COVID-19 pandemic, health claimsAbstract
Today claims relating to health are so common that distinguishing between rights and interests is harder and harder: definitions of health as the one provided by the World Health Organization legitimise the expectation of a continuous improvement in standards of care, access to treatment and measures of prevention. Moreover, with COVID-19 pandemic, health seems to gain the status of a supreme and unquestionable value. Here the hypotheses of a “Healthization of Law” is presented: it indicates both a kind of supremacy of Law on other spheres of society when health (public or individual) is at stake, and also the fact the Law is strongly conditioned by the emergence of health as the highest value to which all spheres of society must orient themselves. Then analysing the relationship between the structural conditions of world society and the semantics of health it is urgent than ever, in order to understand which kind of expectations and claims pandemic legitimised, and how the semantics of health (and wellbeing) describes social structure and its changes.
Downloads
Metrics
Downloads:
14(3)_Intro_OSLS 104
XML_14(3)_Intro_OSLS 4
References
Barros, M.A.L., and Amato, L.F., 2024. Regulación de la desinformación digital: un estudio socio-jurídico sobre las fake news sanitarias en el caso brasileño. Oñati Socio-legal Series [online], 14(3-this issue). Available at: https://doi.org/10.35295/osls.iisl.1804 DOI: https://doi.org/10.35295/osls.iisl.1804
Bruni, C., and Finco, M., 2024. Challenges for the welfare state and the right to health after the pandemic: The Italian case. Oñati Socio-legal Series [online], 14(3-this issue). Available at: https://doi.org/10.35295/osls.iisl.1844 DOI: https://doi.org/10.35295/osls.iisl.1844
Ciampi, M., and Marci, T., 2024. Citizenship and housing cultures after COVID-19. Oñati Socio-legal Series [online], 14(3-this issue). Available at: https://doi.org/10.35295/osls.iisl.1743 DOI: https://doi.org/10.35295/osls.iisl.1743
Ricotta, G., 2024. Right to health during COVID-19 pandemic: Colonial sociability and pathways for emancipation. Oñati Socio-legal Series [online], 14(3-this issue). Available at: https://doi.org/10.35295/osls.iisl.1775 DOI: https://doi.org/10.35295/osls.iisl.1775
Schwartz, G., and Da Costa, R.A., 2024. Functional differentiation of law in pandemic times: When health becomes law. Oñati Socio-legal Series [online], 14(3-this issue). Available at: https://doi.org/10.35295/osls.iisl.1766 DOI: https://doi.org/10.35295/osls.iisl.1766
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 Germano Schwartz, Matteo Finco
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
OSLS strictly respects intellectual property rights and it is our policy that the author retains copyright, and articles are made available under a Creative Commons licence. The Creative Commons Non-Commercial Attribution No-Derivatives licence is our default licence, further details available at https://creativecommons.org/licenses/by-nc-nd/4.0 If this is not acceptable to you, please contact us.
The non-exclusive permission you grant to us includes the rights to disseminate the bibliographic details of the article, including the abstract supplied by you, and to authorise others, including bibliographic databases, indexing and contents alerting services, to copy and communicate these details.
For information on how to share and store your own article at each stage of production from submission to final publication, please read our Self-Archiving and Sharing policy.
The Copyright Notice showing the author and co-authors, and the Creative Commons license will be displayed on the article, and you must agree to this as part of the submission process. Please ensure that all co-authors are properly attributed and that they understand and accept these terms.
