Public Health Law and Ethics (Draft for Discussion)

PUBX 710

Public health law and public health ethics

This paper will run in the second semester of 2011The paper is distance based, with two block courses at the Wellington campus, each of two days.

Start date: 10 July 2011

Finish date:7 October 2011

Final date for receipt of last assignment:7 October 2011

No examination

Block courses:

10 and 11 July (Sunday and Monday): Wellington campus

27 and 28 September (Thursday and Friday): Wellington campus

Cost:

For New Zealanders, $2,190.75.

How to enrol

Go to the University of Otago website for information on how to enrol; or contact Mary Anderson at:

For Student ID Card applications email: . Students are required to have an ID card to access University facilities.

Paper value

30 points

Overall objective

This paper will equip participants with an understanding of the framework, scope and content of public health law in New Zealand, andthe impact of international law. The paper will also analyse concepts of public health ethics and apply them to particular public health topics.

Qualifications

Passing this paper will provide 30 points for the following qualifications:

Master of Public Health
Postgraduate Diploma in Public Health
Certificate in Public Health
Master of Health Sciences (unendorsed)
Master of Health Sciences (endorsed in Bioethics)

Teaching and learning methods

All materials for the paper will be provided on Blackboard (which is the University of Otago web-based platform for learning support).

The paperwill be organised into twelve modules, all of which identified as such on Blackboard. Under each module will be set out notes for the relevant topics, readings, and activities (optional with some mandatory)

The first block course will provide an overview of paper, introduce students to ‘law for non-lawyers’, and ethical concepts relevant to public health issues. The block course will also include tutorials on using the library at a distance, accessing electronic legal databases and resources, and the use of Blackboard.

In subsequent weeks student participation will be supported through Blackboard discussions and up to three audioconferences.

The second block course will integrate and consolidate various themes in the course.

Assessment:

No examination – entirely internally assessed.

Assignments –

exercises in reading statute law (10%)
one essay (15%) – set topic
seminar presentation (20%) – topic of student’s choice
draft ‘journal article’ with annotated bibliography (45%) - (text word limit of ‘draft article’: 3000; bibliography extra) Topic of student’s choice
Blackboard participation and activities (10%)

Specific aims:

By completion of this paper students will be able to:

1Use basic legal concepts applicable to public health law

2Research information relevant to public health law in New Zealand and other countries similar to NZ (some Australian states and Canadian provinces, the US and the UK)

3Find and interpret statute-based law and case-law

4Analyse the scope and content of ‘core’ public health law in NZ

5Analyse and critique key concepts and theories in public health ethics

6Apply public health ethics to a range of public health issues

7Apply key concepts such as ‘risk’ to public health law and relate ethical concepts to risk

8Appreciate Māori ethical values and approaches and assess the application in public health law

9Understand and be able to discuss and critique key concepts and theories in public health ethics

10Demonstrate a basic understanding of international law, ethical issues in international law, and its impact on public health law

11Assess and comment constructively on existing public health law and proposals for new law

12Demonstrate detailed knowledge of at least one specific area of public health law or public health ethics

13Present ideas and information about public health law and public health ethics

Who will be interested in this paper

This paper will primarily be of interest to public health practitioners and those interested in public health policy and research. In particular, a knowledge of the framework and some elements of public health law in New Zealand is essential for public health physicians, medical officers of health, health promoters, health protection officers and other health practitioners working or intended to work in public health units and district health boards. In addition, the course can be expected to be of interest to policy staff of the Ministry of Health other government departments, non-government organisations, employees of local authorities (in particular environmental health officers), as well as those lawyers keen on extending their skills in the health sector.

Overview of content

Introduction to and fundamentals of public health law

(1)basic concepts of public health law; differences compared with medical law, relationship to public health, sketch of “law for non-lawyers” and “public health for non-public health workers”; history of public health law in NZ . Treaty of Waitangi; relationship of public health law to other law in NZ, and to health system in NZ.

(2)overview of themes underlying, and influences on public health law, including ‘risk’, ‘international law’, trans-Tasman developments, cultural dimensions of law.

Introduction to and fundamentals of public health ethics

(1) basic concepts: how related to aims and principles of public health, what is ethics, relationship with bioethics, basic values in public health and public health ethics

(2) aims of ethics – to justify public health in general, specific measures in particular, ethics of advocacy, ethics of public health practitioners, ethics of public health research.

(3) how ethics relates to public health law

Risk and international law

(1)The concept of “risk” – the range of perspectives, scientific, cultural, psychological, precautionary principle

(2)Outline of international law: what international law is, framework of international law impacting on health including GATT, SPS agreements, and also regional Pacific agreements.

Public health ethics in detail

(1) concepts and theories such as utilitarianism; human rights, justice/equity, communitarian, paternalistic perspectives

(2) Maori ethical perspectives

(3) Case-studies.

Integrating public health law and ethics – a focus on specific topics

(1) scope of communicable disease law (as in present Health Act 1956, with reference also to Public Health Bill, some comparative material from other jurisdictions). This will include coverage of notification, surveillance, statutory powers such as detention and the power to restrict employment, contact tracing etc.

(2) screening: law and relevant ethical issues

(3) public health emergencies: NZ law; implications of International Health Regulations 2005. Ethical issues arising from communicable diseases/emergencies, that is, in particular relating to the justification and use of restrictive powers.

(4) (a) scope of law relevant to environmental health, focusing on Health Act 1956 and Public Health Bill, reference also to Resource Management Act 1991, Hazardous Substances and New Organisms Act 1996, Building Act 2004, Local Government Act 2002, and Biosecurity Act 1993. Reference to international environmental law. Specific topics such as legislation on drinking water;

(b) Related ethical issues arising from these issues, in particular issues relating to risk, utilitarianism, equity and justice.

(5) (a) law on tobacco, alcohol and illegal drugs (in particular Smoke-free Environments Act 1990, Sale of Liquor Act 1989 and Misuse of Drugs Act 1973; current law reform proposals in these areas; (b) related ethical issues, in particular ethical issues relevant to role and power of businesses regarding products with potential adverse public health effects.

(6) (a) law on food and nutrition in particular Food Act 1981 (and proposals for its review); (b) ethical issues on role and power of individuals and businesses in relation to food, nutrition and obesity (individual autonomy, choice, collective responsibility, paternalism) and ethical issues arising from radiation safety (utilitarianism and fundamental values)

(7) other specific topics will include the Radiation Protection Act 1965 and proposals for its review

Computer essential

Access to a computer will be required to enable access to Blackboard (through the web). Blackboard participation will not be ‘real-time’.

Co-ordinator and teaching:

Louise Delany will co-ordinate the paper.