Selective Adaptation and Human Rights to Health in China

Jacobs, Lesley A.; Potter, Pitman B.

doi:10.2307/4065404

Cited by 10 publications

(8 citation statements)

References 7 publications

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“…The responses to SARS and indeed to AIDS (Baldwin 2005) reveal that it is improbable that any sort of convergence on how this balance will be struck. Nor will leadership by an international organization such as the WHO eliminate divergence at a local level; international rules and norms will inevitably be selectively adapted at a local level (Nelken 2006; Jacobs & Potter 2006; Potter 2004; Nelken & Feest 2001). What I suspect the next few global public health crises offer, as SARS and AIDS already have, is the opportunity for “experiments in living” characterized by different perspectives on how to balance rights concerns and community health security.…”

Section: Resultsmentioning

confidence: 99%

Rights and Quarantine During the SARS Global Health Crisis: Differentiated Legal Consciousness in Hong Kong, Shanghai, and Toronto

Jacobs

2007

Law Soc Rev

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Interventions in public health crises inevitably give rise to concerns about how the balance between rights concerns and community health security might be handled. During the SARS global health crisis, different jurisdictions struggled simultaneously with similar public health challenges posed by the previously unknown and deadly disease. Yet instead of a convergence of strategies, different jurisdictions responded with measures, especially with regard to the use of quarantine, that revealed a pattern of divergence about how to strike the balance between rights concerns and health security. The origins of this article stem from the realization that Toronto's use of quarantine was far more extensive than that of either Hong Kong or Shanghai, two jurisdictions with historically weak records regarding respect for fundamental rights and civil liberties. Perspectives on the balancing of individual rights and community health security are treated here as expressions of legal consciousness. Instead of assuming a uniform legal consciousness in Toronto, Shanghai, or Hong Kong, this article presents legal consciousness as varied among groups of individuals differently situated in the crisis. The promise of this differentiated approach to legal consciousness is that it facilitates both drawing contrasts between perspectives of differently situated groups within the same city and noting commonalities between similarly situated groups in other cities. Through an examination of three distinct perspectives on rights and quarantine in each cityFthose of senior public health officials, frontline hospital workers, and contacts of SARS patientsFthe competing legal meanings and understandings about the tensions between community health security and individual rights during the SARS crisis are identified in a way that enables us to better understand the pattern of different uses of quarantine.

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Section: Resultsmentioning

confidence: 99%

Rights and Quarantine During the SARS Global Health Crisis: Differentiated Legal Consciousness in Hong Kong, Shanghai, and Toronto

Jacobs

2007

Law Soc Rev

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“…This theme is indicating the management and organization of communicable diseases with various methodologies [67], [68], [69], [70], [71] and [72]. Researchers can look this emerging theme from the dimension of communicable disease and public surveillance and role of public health administration [73], [74], [75], [76], [17] and [18]. Moto themes are highly contributory themes In coronavirus literature theme with infection control as the representative qualified to be in that part of thematic map.…”

Section: Figure 11 Thematic Mapmentioning

confidence: 99%

A Bibliometric Analysis of Corona Pandemic in Social Sciences: A Review of Influential Aspects and Conceptual Structure

et al. 2020

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Corona pandemic has affected the whole world, and it is a highly researched area in biological sciences. As the current pandemic has affected countries socially and economically, the purpose of this bibliometric analysis is to provide a holistic review of the corona pandemic in the field of social sciences. This study aims to highlight significant, influential aspects, research streams, and themes. We have reviewed 395 journal articles related to coronavirus in the field of social sciences from 2003 to 2020. We have deployed 'biblioshiny' a web-interface of the 'bibliometrix 3.0' package of R-studio to conduct bibliometric analysis and visualization. In the field of social sciences, we have reported influential aspects of coronavirus literature. We have found that the 'Morbidity and Mortality Weekly Report' is the top journal. The core article of coronavirus literature is 'Guidelines for preventing health-care-associated pneumonia'. The most commonly used word, in titles, abstracts, author's keywords, and keywords plus, is 'SARS'. Top affiliation is 'The University of Hong Kong'. Hong Kong is a leading country based on citations, and the USA is on top based on total publications. We have used a conceptual framework to identify potential research streams and themes in coronavirus literature. Four research streams are found by deploying a co-occurrence network. These research streams are 'Social and economic effects of epidemic disease', 'Infectious disease calamities and control', 'Outbreak of COVID 19,' and 'Infectious diseases and the role of international organizations'. Finally, a thematic map is used to provide a holistic understanding by dividing significant themes into basic or transversal, emerging or declining, motor, highly developed, but isolated themes. These themes and subthemes have proposed future directions and critical areas of research.

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“…In the international relations literature, the state is operationalized as a unitary actor with a particular set of interests, which may orient it toward acceptance of international norms, rejection of international intrusions on sovereignty, or engagement in defining 82 international norms. 88 In China's case, the state is cast as 'authoritarian', 89 only 'selectively adapting' to international norms, 90 or 'revisionist', meaning it attempts to revise international norms rather than adapt to them. 91 Others see China as moving toward compliance with international norms as it seeks to be a member of international society.…”

Section: International Legal Norm Diffusion Impact Litigation and Trmentioning

confidence: 99%

Seeking One's Day in Court: Chinese regime responsiveness to international legal norms on AIDS carriers' and pollution victims' rights

Wilson¹

2012

Journal of Contemporary China

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Over the last two decades, international actors have sought to diffuse repertoires of contentious practices, including rights-based litigation, to China. Multilateral organizations, foundations, and international non-governmental organizations (INGOs) have used funding and training programs conducted in China and at law schools abroad in order to raise the capacity of Chinese attorneys, NGOs, judges, and legal officials to improve rule of law and protection of human rights. In particular, international actors have worked with Chinese NGOs and state officials to found legal aid centers that provide information and advocacy to protect the rights of pollution victims and AIDS carriers. Legal aid centers, attorneys, and their financial backers seek to bring forward 'impact litigation' cases in the courts to establish model decisions for other plaintiffs, attorneys, and judges to follow. To date, environmental groups have enjoyed more success gaining access to the courts and in receiving favorable court judgments than have AIDS groups. In many cases involving AIDS victims, attorneys and legal aid centers seek compensation through alternative dispute resolution methods rather than litigation, which do not establish a legal precedent. This paper explores the reasons for the divergent outcomes of efforts to protect the rights of pollution victims and AIDS carriers in the courts. Primarily, the institutional particularities and contexts of the Ministry of Environmental Protection and the Ministry of Public Health have allowed international legal norms related to the environment to take deeper root than those related to AIDS.

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Selective Adaptation and Human Rights to Health in China

Cited by 10 publications

References 7 publications

Rights and Quarantine During the SARS Global Health Crisis: Differentiated Legal Consciousness in Hong Kong, Shanghai, and Toronto

Rights and Quarantine During the SARS Global Health Crisis: Differentiated Legal Consciousness in Hong Kong, Shanghai, and Toronto

A Bibliometric Analysis of Corona Pandemic in Social Sciences: A Review of Influential Aspects and Conceptual Structure

Seeking One's Day in Court: Chinese regime responsiveness to international legal norms on AIDS carriers' and pollution victims' rights

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