Fundamentals of health law in Uganda

Fundamentals of health law in Uganda
by Ben Twinomugisha
2015

ISBN: 978-1-920538-39-2
Pages: 262x
Print version: Available
Electronic version: Free PDF available

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About the publication

Fundamentals of Health Law in Uganda is the first book in the country that examines the multidisciplinary field of health law within the broader health related legal and policy frameworks. It employs rights-based approaches to address some of the major health challenges in Uganda. The issues addressed in the book include: the right to health; public health law; mental health law; regulation of health care professionals; malpractice litigation; patients’ rights; and research involving humans as participants. In addition to acting as a reference for students and faculties in universities and other higher institutions of learning, the book will be helpful to researchers, legislators, policy makers, civil society organisations and all those interested in the subject of health and human rights.

About the editor:

Ben Twinomugisha is Associate Professor of Law and Dean, Faculty of Law, Makerere University, Kampala, Uganda

Table of Contents

Preface
Dedication
Table of cases
Table of principal legislation
Table of subsidiary legislation
Table of international instruments and documents
Abbreviations

1. Nature, scope and sources of health law
   1 Introduction
   1.1 Understanding the concepts ‘health’ and ‘law’
   1.2 The scope of health law
   1.3 Sources of health law
   1.3.1 The 1995 Constitution of the Republic of Uganda
   1.3.2 Principal legislation
   1.3.3 Subsidiary legislation
   1.3.4 International human rights law
   1.3.5 Common law and equity
   1.3.6 Customary law
   1.4 Policy frameworks
   1.5 Chapter synopsis
2. The right to health
   1 Introduction
   2 The normative content of the right to health
   2.1 The right to health at the international level
   2.2 The right to health at the regional level
   2.3 The right to health at the domestic level
   3 Conclusion
3. Challenges to realisation of the right to health
   1 Introduction
   2 Mapping out the challenges
   2.1 Muted recognition of the right to health and a reluctant judiciary
   2.2 Criminalisation of sexual and reproductive health rights (SRHR)
   2.2.1 What are SRHR?
   2.2.2 How are SRHR criminalised? The examples of sex work and abortion
   2.3 The intellectual property regime and access to medicines
   2.4 Commercialisation of health related services
   2.5 Inequitable gender relations
   3 Conclusion
4. Strategies for tackling challenges to realisation of the right to health
   1 Introduction
   2 Mapping out the strategies
   2.1 Lobbying for legislative measures
   2.1.1 Lifting restrictions on abortion
   2.1.2 Balancing the rights of a fetus and a woman’s rights
   2.1.3 The right to freedom of conscience in the context of abortion
   2.2 Claiming health rights through the courts
   2.3 Using the Uganda Human Rights Commission
   2.4 Utilising mechanisms at the regional level
   2.5 Utilising TRIPS flexibilities
   2.6 Claiming the right to health through participation
   2.7 Tackling inequitable gender relations
   2.8 Providing free health care to those unable to afford
   3 Conclusion
5. Public health law and human rights
   1 Introduction
   2 What is public health law?
   3 Public health and human rights
   4 Public health legislation and infectious or communicable diseases
   4.1 General public health
   4.2 Venereal diseases
   4.3 HIV and AIDS
   4.3.1 Giving credit where it is due: Does the Act meet public health and human rights goals?
   4.3.2 HIV and AIDS control strategy: The use of criminal law
   4.3.3 Disclosure and mandatory testing
   5 Conclusion
6. Mental health law
   1 Introduction
   2 Mental health situation
   3 Understanding mental health disabilities
   4 The normative framework for realisation of mental health at the international level
   4.1 The mainstream international human rights instruments
   4.2 The pre-CRPD situation: Soft law instruments recognising disability as a human rights issue
   4.3 The CPRD: A transformative paradigm shift
   5 The normative framework for realisation of mental health at the regional level
   6 The normative framework for realisation of mental health at the domestic level
   6.1 General disability rights law
   6.2 Mental health legislation
   7 Conclusion
7. 1 Introduction
   2 Medical and dental practice
   2.1 The Medical and Dental Practitioners’ Council
   2.2 Registration of medical and dental practitioners
   2.3 Inquiry into professional misconduct
   2.3.1 Examples of complaints to the council
   2.3.2 Appeal against decisions of the council
   3 Nursing and midwifery
   3.1 The Nurses and Midwives Council
   3.2 Registration and enrolment of nurses and midwives
   3.3 Inquiry into professional misconduct
   4 Allied health profession
   4.1 The Allied Health Professionals Council
   4.2 Registration of AHPs
   4.3 Inquiry into professional misconduct
   5 Pharmacy
   5.1 The Pharmaceutical Society of Uganda
   5.2 Inquiry into professional misconduct
   5.3 The scope of a pharmacist’s responsibility
   6 Traditional medical practice
   6.1 Understanding traditional medicine
   6.2 Regulation of traditional medical practice
   7 Conclusion
8. Malpractice litigation
   1 Introduction
   2 What the plaintiff must prove in a malpractice action
   2.1 The duty of care
   2.2 Breach of the duty of care
   2.3 Damage suffered
   3 Vicarious liability
   4 The burden of proof
   5 Defences to a malpractice action
   5.1 Denial
   5.2 Peer acceptance: Invoking the Bolam test
   5.3 Contributory negligence
   5.4 Voluntary assumption of risk
   5.5 Where the action is time barred
   6 Remedies
   6.1 Damages
   6.2 Alternative dispute resolution (ADR)
   7 Criminal liability for negligence
   8 Conclusion
9. Patients’ rights: The question of consent to treatment
   1 Introduction
   2 Patients’ Charter: Patient’s rights and responsibilities
   3 Why consent to treatment?
   4 Capacity to consent to treatment
   5 Form of consent
   6 Treatment without consent
   7 The position of children
   8 Factors that vitiate consent
   8.1 Coercion and undue influence
   8.2 Fraud
   9 Conclusion
10. Research involving humans as participants
    1 Introduction
    2 Understanding research involving humans as participants
    3 The international framework
    3.1 International human rights instruments
    3.2 The Declaration of Helsinki
    3.3 The UNESCO Declaration
    3.4 The CIOMS International Ethical Guidelines
    3.4.1 General ethical principles
    3.4.2 The Guidelines: An overview
    3.5 UNAIDS/WHO Guidance Document
    4 The national framework
    4.1 The Uganda National Council for Science and Technology Act
    4.2 The National Drug Policy and Authority Act
    4.3 The HIV and AIDS Prevention and Control Act 2014
    4.4 The UNCST National Guidelines
    4.5 The Uganda Guidelines for AIDS Research
    5 Liability in research involving human as participants
    6 Conclusion

Bibliography

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