Hostname: page-component-cd9895bd7-fscjk Total loading time: 0 Render date: 2024-12-26T07:45:25.888Z Has data issue: false hasContentIssue false
  • English
  • Français

Tackling the Global NCD Crisis: Innovations in Law and Governance

Published online by Cambridge University Press:  01 January 2021

Bryan Thomas  and
Lawrence O. Gostin
Get access Rights & Permissions [Opens in a new window]

Extract

To someone holding a hammer, the cliché goes, everything looks like a nail. A similar myopia often afflicts legal minds as they approach deep-seated problems in global health, as every crisis is approached by first asking how it might be litigated away. In recent years, there has been a growing recognition of the limits of litigation as a tool for advancing equitable access to health — indeed of its potential, under some circumstances, to have a positively regressive impact. This very timely symposium offers us a chance to reflect more deeply on the matter.

Type
Symposium
Information
Journal of Law, Medicine & Ethics , Volume 41 , Issue 1 , Spring 2013 , pp. 16 - 27
Copyright
Copyright © American Society of Law, Medicine and Ethics 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Ferraz, O. L. M., “Harming the Poor Through Social Rights Litigation: Lessons from Brazil,” Texas Law Review 89, no. 7 (2011): 1643–1668; Flood, C. M. and Chen, B., “Charter Rights & Health Care Funding: A Typology of Canadian Health Rights Litigation,” Annals of Health Law 19, no. 3 (2010): 479–526. There are broader, more longstanding critiques of rights as a mechanism for progressive political change; see generally, Brown, Wendy & Halley, Janet, eds., Left Legalism/Left Critique (Durham: Duke University Press, 2002).Google Scholar
Wang, C. K. et al., “Rural Diabetes Prevalence Quintuples Over Twenty-Five Years in Low- and Middle-Income Countries: A Systematic Review and Meta-Analysis,” Diabetes Research and Clinical Practice 96, no. 3 (2012): 271–285.CrossRefGoogle Scholar
World Health Organization, Global Status Report on Noncommunicable Diseases 2010 (Geneva: WHO, 2011).Google Scholar
Bloom, D. E. et al., The Global Economic Burden of Non-Communicable Diseases, A Report by the World Economic Forum and the Harvard School of Public Health (Geneva: World Economic Forum, 2011): at 27, 29.Google Scholar
World Health Organization, Preventing Chronic Diseases: A Vital Investment, WHO GLOBAL REPORT (Geneva: WHO, 2005).Google Scholar
See Cabrera, O. and Carballo, J. in this issue.Google Scholar
Gostin, L. O. and Gostin, K. G., “A Broader Liberty: JS Mill, Paternalism, and the Public's Health,” Public Health 123, no. 3 (2009): 214–222.Google Scholar
de Martel, C. et al., “Global Burden of Cancers Attributable to Infections in 2008: A Review and Synthetic Analysis,” Lancet Oncology 13, no. 6 (2012): 607–615.Google Scholar
Gostin, L. O., Public Health Law: Power, Duty, Restraint, 2d ed. (Berkeley: University of California Press, 2008).Google Scholar
Epstein, R. A., “What (Not) to Do About Obesity: A Moderate Aristotelian Answer,” Georgetown Law Journal 93, no. 4 (2005): 1361–1386.Google Scholar
Frieden, T. R., “Asleep at the Switch: Local Public Health and Chronic Disease,” American Journal of Public Health 94, no. 12 (2004): 2059–2061.Google Scholar
Food Standards Agency, Traffic Light Labeling, available at <http://www.eatwell.gov.uk/foodlabels/trafficlights/> (last visited February 22, 2013).+(last+visited+February+22,+2013).>Google Scholar
Institute of Medicine, Food Marketing to Children and Youth: Threat or Opportunity? (2006): at 169, available at <http://iom.edu/CMS/3788/21939/31330.aspx> (last visited February 22, 2013).+(last+visited+February+22,+2013).>Google Scholar
Hawkes, C., “Regulating Food Marketing to Young People Worldwide: Trends and Policy Drivers,” American Journal of Public Health 97, no. 11 (2007): 1962–1973.Google Scholar
Children's Advertising Review Unit, Self-Regulatory Program for Children's Advertising, 9th ed. (Better Business Bureaus, 2009), available at <http://www.caru.org/guidelines/guide-lines.pdf> (last visited February 22, 2013). (last visited February 22, 2013).' href=https://scholar.google.com/scholar?q=Children's+Advertising+Review+Unit,+Self-Regulatory+Program+for+Children's+Advertising,+9th+ed.+(Better+Business+Bureaus,+2009),+available+at++(last+visited+February+22,+2013).>Google Scholar
Dhar, T. and Baylis, K., “Fast-Food Consumption and the Ban on Advertising Targeting Children: The Quebec Experience,” Journal of Marketing Research 48, no. 5 (2011): 799–813.CrossRefGoogle Scholar
Jacobson, M. F. and Brownell, K. D., “Small Taxes on Soft Drinks and Snack Foods to Promote Health,” American Journal of Public Health 90, no. 6 (2000): 854–857.Google Scholar
Frequently Asked Questions About the WHO Global Strategy on Diet, Physical Activity and Health, World Health Organization Website, available at <http://www.who.int/dietphysicalactivity/faq/en/index.html> (last visited February 22, 2013).+(last+visited+February+22,+2013).>Google Scholar
Warner, K. E. and Mendez, D., “Tobacco Control Policy in Developed Countries: Yesterday, Today, and Tomorrow,” Nicotine & Tobacco Research 12, no. 9 (2010): 876–887.Google Scholar
Campbell, Denis, “Developing World Faces Black Market Cigarette Plague,” Observer, June 27, 2009.Google Scholar
Joossens, L. and Raw, M., “From Cigarette Smuggling to Illicit Tobacco Trade,” Tobacco Control 21, no. 2 (2012): 230–234.Google Scholar
Institute of Medicine, Dietary Reference Intakes for Energy, Carbohydrate, Fiber, Fat, Fatty Acids, Cholesterol, Protein, and Amino Acids (Washington, DC: National Academies Press, 2005).Google Scholar
“Notice of Adoption of an Amendment (§81.08) to Article 81 of the New York City Health Code,” New York City Department of Health and Mental Hygiene Board of Health Website, available at <http://www.nyc.gov/html/doh/downloads/pdf/public/notice-adoption-hc-art81-08.pdf> (last visited February 22, 2013).+(last+visited+February+22,+2013).>Google Scholar
Angell, S. Y. et al., “Cholesterol Control Beyond the Clinic: New York City's Trans Fat Restriction,” Annals of Internal Medicine 151, no. 2 (2009):129–134; Angell, S. Y. et al., “Change in Trans Fatty Acid Content of Fast-Food Purchases Associated With New York City's Restaurant Regulation: A Pre–Post Study,” Annals of Internal Medicine 157, no. 2 (2012): 81–86.Google Scholar
Benowitz, N. L. and Henningfield, J. E., “Establishing a Nicotine Threshold for Addiction – The Implications for Tobacco Regulation,” New England Journal of Medicine 331, no. 2 (1994): 123–25.Google Scholar
Thomson, G. et al., “Ending Appreciable Tobacco Use in a Nation: Using a Sinking Lid on Supply,” Tobacco Control 19, no. 5 (2010): 431–35.Google Scholar
Khoo, D. et al., “Phasing-out Tobacco: Proposal to Deny Access to Tobacco for Those Born from 2000,” Tobacco Control 19, no. 5 (2010): 355–60.Google Scholar
Sugarman, S., “Performance-Based Regulation: Enterprise Responsibility for Reducing Death, Injury, and Disease Caused by Consumer Products,” Journal of Health Politics, Policy and Law 34, no. 6 (2009): 1035–1077.Google Scholar
World Health Organization, Global Status Report on Noncommunicable Diseases 2010 (Geneva: WHO, 2011).Google Scholar
Magnusson, R. S., “What's Law Got to Do With It? Part 2: Legal Strategies for Healthier Nutrition and Obesity Prevention,” Australia and New Zealand Health Policy June 5 (2008): 1–17.Google Scholar
Samet, J. M. and Wipfli, H. L., “Globe Still in Grip of Addiction,” Nature 463, no. 7284 (2010): 1020–1021.CrossRefGoogle Scholar
Kenyon, A. T., “Internet Content Regulation and the World Health Organization Framework Convention on Tobacco Control,” Scripted 6, no. 2 (2009): 341–353; Joosens, L. et al., “The Impact of Eliminating the Global Illicit Cigarette Trade on Health and Revenue,” Addiction 105, no. 9 (2010): 1640–1649.Google Scholar
Collin, J., “Global Health, Equity, and the WHO Framework Convention on Tobacco Control,” Global Health Promotion 17, no. 1 (suppl.) (2010): 73–75.CrossRefGoogle Scholar
World Health Organization, Global Status Report on Alcohol and Health (Geneva: WHO, 2011).Google Scholar
Casswell, S. and Thamarangsi, T., “Reducing Harm from Alcohol: Call to Action,” Lancet 373, no. 9682 (2009): 2247–2257.Google Scholar
Samb, B. et al., “Prevention and Management of Chronic Disease: A Litmus Test for Health-Systems Strengthening in Low-Income and Middle-Income Countries,” Lancet 376, no. 9754 (2010): 1785–1797.Google Scholar
World Health Organization, “Parties to the WHO Framework Convention on Tobacco Control,” available at <http://www.who.int/fctc/signatories_parties/en/index.html> (last visited February 22, 2013).+(last+visited+February+22,+2013).>Google Scholar
World Health Organization (WHO), “Global Strategy for the Prevention and Control of Noncommunicable Diseases,” World Health Assembly Resolution 53.14, available at <http://www.who.int/nmh/publications/wha_resolution53_14/en/index.html> (last visited February 22, 2013); WHO, “Global Strategy on Diet, Physical Activity and Health,” World Health Assembly Resolution 57.17, available at <http://www.who.int/dietphysicalactivity/strategy/eb11344/en/index.html> (last visited February 22, 2013); WHO, Global Strategy to Reduce the Harmful Use of Alcohol, World Health Resolution 63.13, available at <http://www.who.int/substance_abuse/msbalcstragegy.pdf> (last visited February 22, 2013); WHO, “NCDnet – Global Noncommunicable Disease Network,” available at <http://www.who.int/ncdnet/en/> (last visited February 22, 2013).+(last+visited+February+22,+2013);+WHO,+“Global+Strategy+on+Diet,+Physical+Activity+and+Health,”+World+Health+Assembly+Resolution+57.17,+available+at++(last+visited+February+22,+2013);+WHO,+Global+Strategy+to+Reduce+the+Harmful+Use+of+Alcohol,+World+Health+Resolution+63.13,+available+at++(last+visited+February+22,+2013);+WHO,+“NCDnet+–+Global+Noncommunicable+Disease+Network,”+available+at++(last+visited+February+22,+2013).>Google Scholar
World Heart Federation, “Global Alliance for the Prevention of Obesity and Related Chronic Disease,” available at <http://www.world-heart-federation.org> (last visited February 22, 2013).+(last+visited+February+22,+2013).>Google Scholar
United Nations General Assembly, Political Declaration of the High-Level Meeting of the General Assembly on the Prevention and Control of Non-Communicable Diseases, DRAFT RESOLUTION SUBMITTED BY THE PRESIDENT OF THE GENERAL ASSEMBLY (September 16, 2011).Google Scholar
UN Special Rapporteur on the Right to Food, “UN Food Expert: Chance to Crack Down on Bad Diets Must not be Missed,” available at <www.srfood.org> (last visited February 22, 2013).+(last+visited+February+22,+2013).>Google Scholar
Gostin, L. O., “A Framework Convention on Global Health: Health for All, Justice for All,” JAMA 307, no. 19 (2012): 2087–2092.CrossRefGoogle Scholar
Del Ponte, K. G., “Formulating Customary International Law: An Examination of the WHO International Code of Marketing of Breast Milk Substitutes,” Boston College International and Comparative Law Review 5, no. 2 (1982): 377–403.Google Scholar
See, for example, Sridhar, D., “Health Policy: Regulate Alcohol for Global Health,” Nature 482, no. 7385 (2012): 302.Google Scholar
Abbott, K. W. and Snidal, D., “Hard and Soft Law in International Governance,” International Organization 54, no. 3 (2000): 421–456.Google Scholar
World Health Organization, Global Health Risks: Mortality and Burden of Disease Attributable to Selected Major Risks (Geneva: WHO, 2009).Google Scholar
Hawkes, C. and Buse, K., “Public Health Sector and Food Industry Interaction: It's Time to Clarify the Term ‘Partnership’ and Be Honest About Underlying Interests,” European Journal of Public Health 21, no. 4 (2011): 400–401.Google Scholar
Caraher, M. and Cowburn, G., “Taxing Food: Implications for Public Health Nutrition,” Public Health Nutrition 8, no. 8 (2005): 1242–1249.Google Scholar
Brandt, A. M., The Cigarette Century: The Rise, Fall, and Deadly Persistence of the Product that Defined America (New York: Basic Books, 2007): at chapter 6.Google Scholar
Blouin, C., “Global Responses to Chronic Diseases: What Lessons Can Political Science Offer,” Administrative Sciences 2, no. 1 (2012): 120–134.CrossRefGoogle Scholar
Thaler, R. H. and Sunstein, C. R., Nudge (New Haven: Yale University Press, 2008).Google Scholar