M3c - Public Health Law in a New Century - Essay Example

Public Health Law in a new century Core Function of Public Health In the article, Gostin (2000) has considered the legislations governing public health in the 21st century. The health of its citizens is a subject of primary concern for the Government of all modern countries. However, most nations have private organizations functioning in the area of public health along with the governmental bodies. In such a situation, it is important to specify the authorities and the responsibilities of the government in maintaining the health of its citizens.

Therefore, the legislature needs to formulate sound public laws in the public health domain which would provide the necessary infrastructure for the government operations in this area. In fact, the government can essay a pivotal role by providing adequate treatment for the sick people, taking measures to prevent the occurrence of some diseases and epidemics and also improve the general health conditions of its population.2. Examples The government health authorities can begin its efforts in this area right from the basic level by educating the individual citizens regarding the practices of maintaining good health, creating incentives for them to adhere to these principles and also implement punitive measures in case, they fail to comply with the basic rules.

The health communication campaigns of the authorities encourage the citizens to make healthy choices in this domain. In another case, public health laws can empower the government with the authority to impose civil and criminal penal measures on citizens fail to abide by the prevalent norms of good health. These punitive measures can also discourage the other citizens from undertaking such unlawful behavior. (Gostin, 2008, p. 2837)Goston has suggested that the legislation governing public heath should contain five necessary features:a.

Duty of the Government: The laws should specify the issue of public health to be the responsibility of the government. The author suggests that though they can be private organizations in this area, maintaining the health of the population should be the primary duty of the Government. This is justified, because the Government’s pivotal role is essential in operating this essential area of public service.b. Health of the Citizens: The legislation should also classify public health to be an essential right of the citizens.

Following this, the people can stake their claim on the government to provide them with adequate facilities for health protection and treatment. This also seems justified, as the Government should be obliged to offer certain basic health facilities to the populationc. Relationship between the Government and the Population: Public health laws should demarcate the relationship between the Government and the Community at large. The legislation should endorse the Government’s collective action through the various health agencies and its effect on the population.

This claim does not seem justified as the Government should try to maintain the health of its citizens out of its own responsibility towards them and not as a representative of the people.d. Services promoting public health: The legislation should outline the public health activities necessary to be implemented by the Government to maintain the health standards of its citizens. The laws should also determine the arrangements that are required by the Government to offer such services. This legislation in this respect seems to be too binding on Governmental actions and does not allow it the liberty of selecting its options of providing adequate healthcare to the citizens.e. Coercing individuals and businesses for Public Health: Public health laws should also demarcate the areas of cooperation between the government health agencies and the business corporations.

This is an important area and there should be adequate legislation specifying the role of the private firms in the domain of healthcare. In the present day, private health care providers operate in the most of the countries along with their respective governmental bodies. Thus, it is important to have laws demarcating the areas of functioning of both these type of organizations. (Gostin, 2008, p.2837-2841)References1. Gostin Lawrence, O., A Theory and Definition of Public Health Law. Health Law and Ethics (2008) from: :http://scholarship.law.georgetown.

edu/cgi/viewcontent.cgi?article=1007&context=ois_papers2. Official US Health Agencies, Notes (2011), December 16, 2011 from http://www.enotes.com/official-u-s-health-agencies-reference/official-u-s-health-agencies3. Public Health Service Act, US Food and Drug Administration, (2011) December 16, 2011 from http://www.fda.gov/RegulatoryInformation/Legislation/ucm148717.htm