Hostname: page-component-8448b6f56d-42gr6 Total loading time: 0 Render date: 2024-04-18T23:11:02.327Z Has data issue: false hasContentIssue false

Implementing Public Health Regulations in Developing Countries: Lessons from the OECD Countries

Published online by Cambridge University Press:  01 January 2021

Extract

Public health agencies undertake a broad range of health promotion and injury and disease prevention activities in collaboration with an array of actors, such as the community, businesses, and non-profit organizations. These activities are “multisectoral” in nature and centered on public health agencies that oversee and engage with the other actors. Public health agencies can influence the hazardous activities in the private sector in a variety of ways, “ranging from prohibition and regulation to volunteerism, and from cooperation to cooption.” Hence, a public health agency that possesses the necessary administrative resources and authority is vital to the effective implementation of health policies and regulations.

In the developing world, however, many state health agencies lack these basic capacities in dealing with critical health threats, including their ability to avert epidemics of communicable diseases arising from poor sanitary conditions. A serious constraint is the shortage of public health funding for health agencies in the developing world for typical agency functions (e.g., surveillance, monitoring, assessment, and intervention). This is often aggravated by the transaction-intensive demands entailed in enforcing regulations among an array of private and public sector actors including individuals, businesses, and local bodies responsible for providing civic services.

Type
Symposium
Copyright
Copyright © American Society of Law, Medicine and Ethics 2010

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

Institute of Medicine, The Future of Public Health (Washington, D.C.: National Academic Press, 1988).Google Scholar
Gostin, L. O., Public Health Law: Power, Duty, Restraint (Berkeley: University of California Press, 2008): At 16.Google Scholar
O'Reilly, J. T., Food and Drug Administration (Colorado Springs, CO: McGraw-Hill, Inc, 1992): At 6–3.Google Scholar
Smith, D. J., A Culture of Corruption: Everyday Deception and Popular Discontent in Nigeria (Princeton: Princeton University Press, 2007): At 166–190.Google Scholar
Bailey, T. M., Caulfield, T., and Ries, N. M., Public Health Law and Policy in Canada (Markham, Ontario: Lexis Nexis, 2008): At 148–153.Google Scholar
Stoto, M. A., Almario, D. A., and McCormick, M. C., Reducing the Odds: Preventing Perinatal Transmission of HIV in the United States (Washington, D.C.: National Academies Press, 1999): At 21–35.Google Scholar
See Gostin, , supra note 2, at 415.Google Scholar
Gostin, L. O., Thompson, F. E., and Grad, F. P., “The Law and the Public's Health: The Foundations,” in Goodman, R. A., Hoffman, R. E., Lopez, W., Matthews, G. W., Rothstein, M. A., and Foster, K. L., eds., Law in Public Health Practice (New York: Oxford University Press, 2007): At 2544; Martin, R. and Johnson, L., Law and the Public Dimension of Health (London: Cavendish, 2001); American Medical Association, State Medical Licensure Requirements and Statistics (Chicago: American Medical Association, 2006).CrossRefGoogle Scholar
See Gostin, , Thompson, , and Grad, , supra note 10, at 18.Google Scholar
See Gostin, , supra note 2, at 463–473.Google Scholar
Farmer, A., Handbook of Environmental Protection and Enforcement: Principles and Practice (Sterling, VA: Earthscan, 2007): At 119–133.Google Scholar
See Martin, and Johnson, , supra note 10, at 75–95.Google Scholar
Reynolds, C., Public Health Law in Australia (Sydney: Federation Press, 1995): At 112–113.Google Scholar
See O'Reilly, , supra note 4, at 6–9.Google Scholar
See Martin, and Johnson, , supra note 11, at 88.Google Scholar
See Smith, , supra note 5, at 57–87.Google Scholar
See O'Reilly, , supra note 4, at 6.4.Google Scholar
Id., at 6.5.Google Scholar
Seerden, R., Administrative Law of the European Union, Its Member States and the United States: A Comparative Analysis (Antwerpen: Intersentia, 2001): At 362.Google Scholar
Napier, C., Environmental Conflict Resolution (London: Cameron May, 1998): At 71.Google Scholar
Alexander, N., Global Trends in Mediation (Fredrick, MD: Aspen, 2006): At 74–76.Google Scholar
Id., at 1–4.Google Scholar
Id.; Reynolds, C., Public Health Law and Regulation (Sydney: Federation Press, 2004).Google Scholar
Carbonneau, T. E., Jaeggi, J., and Partridge, S. K., Handbook on International Arbitration and Alternative Dispute Resolution (Huntington, NY: Jurisnet, 2006): At 265.Google Scholar
See Napier, , supra note 24, at 69.Google Scholar
See Carbonneau, , Jaeggi, , and Partridge, , supra note 29, at 275.Google Scholar
Id., at 253.Google Scholar
Friedman, L. M., A History of American Law (New York, NY: Touchstone, 2005).Google Scholar
U.K. Parliamentary and Health Service Ombudsman, NHS Funding for Long-Term Care: Follow Up Report, U.K. Parliamentary and Health Service Ombudsman Website, available at <http://www.ombudsman.org.uk/__data/assets/pdf_file/0014/l076/NHS-funding-for-long-term-care-follow-up-report.pdf> (last visited June 25, 2010).+(last+visited+June+25,+2010).>Google Scholar
Office of the Ombudsman Ireland, Annual Report of the Ombudsman (2006), available at <http://www.ombudsman.gov.ie/en/Publications/AnnualReports/AnnualReportoftheOmbudsman2007/> (last visited June 18, 2010).+(last+visited+June+18,+2010).>Google Scholar
Graver, K., “A Study of the Consumer Ombudsman Institution in Norway with Some References to the Other Nordic Countries I: Background and Description,” Journal of Consumer Policy 9, no. 1 (1986): 4560.Google Scholar
See Smith, , supra note 5, at 112–136.Google Scholar
See Gostin, , supra note 2, at 173.Google Scholar
Harter, P. J., “Negotiated Regulations: A Cure for Malaise,” Georgetown Law Journal 71, no. 1 (1982): 1118.Google Scholar
Kerwin, C. M., Rulemaking: How Government Agencies Write Law and Make Policy (Washington, D.C.: CQ, Press, 1994).Google Scholar
Glazewski, J. and Bradfield, G., Environmental Justice and the Legal Process (Cape Town: Juta & Co, Ltd., 1999).Google Scholar
Pritzker, D. M. and Dalton, D. S., Negotiated Rulemaking Sourcebook (Washington, D.C.: Administrative Conference of the U.S., 1995).Google Scholar
See Gostin, , supra note 2, at 174.Google Scholar
Gunningham, N. and Rees, J., “Industry Self-Regulation: An Institutional Perspective,” Law and Policy 19, no. 4 (1997): 363414, at 365.CrossRefGoogle Scholar
See Gostin, , supra note 2, at 175.Google Scholar
Australia Competition & Consumer Commission, Guidelines for Developing Effective Voluntary Industry Codes of Conduct, Commonwealth of Australia, 2005.Google Scholar
Medicines Australia, Codes of Conduct, 2006, Medicines Australia website, available through <http://www.medicinesaustralia.com.au/pages/page5.asp> (last visited June 18, 2010).+(last+visited+June+18,+2010).>Google Scholar
See Australian Competition & Consumer Commission, supra. note 49.Google Scholar
Gable, L., Gamharter, K., Gostin, L. O., Hodge, J. G., and Van Puymbroeck, R. V., Legal Aspects of HIV/AIDS: A Guide for Policy and Law Reform, (Washington, D.C.: The World Bank, 2007).CrossRefGoogle Scholar
Cioffi, J. P., Lichtveld, M. Y., Thielen, L., and Miner, K., “Credentialing the Public Health Workforce: An Idea Whose Time Has Come,” Journal of Public Health Management Practice 9, no. 6 (2003): 451458.CrossRefGoogle Scholar
Jost, T., “Medicare and the Joint Commission on Accreditation of Healthcare Organizations,” Law and Contemporary Problems 15, no. 4 (1994): 1545.CrossRefGoogle Scholar
See Gostin, , supra note 2, 175–1776.Google Scholar
Federal Trade Commission, Self-Regulation in the Alcohol Industry: A Review of Industry Efforts to Avoid Promoting Alcohol to Underage Consumers, September 1999, available at <http://www.ftc.gov/reports/alcohol/alcoholreport.shtm> (last visited June 25, 2010).+(last+visited+June+25,+2010).>Google Scholar
American Beverage Association, School Beverage Guidelines, 2006, available at <http://www.ameribev.org/nutrition-science/school-beverage-guidelines/> (last visited June 25, 2010); Mayer, C. E., “Sugary Drinks to be Pulled from Schools: Industry Agrees to Further Limit Availability to Children,” Washington Post, May 3, 2006.Google Scholar
Caruso, D. B., “Firms to Tout Healthy Snacks in Schools,” Boston Globe, October 6, 2006.Google Scholar
The Canadian Code of Advertising Standards, Advertising Standards Canada, 2007, Advertising Standards website, available at <http://www.adstandards.com/en/Standards/canCodeOfAdStandards.aspx> (last visited June 18, 2010).+(last+visited+June+18,+2010).>Google Scholar
Consumer Reports Health, “Our Mission,” Consumer Reports Healthwebsite, 2008, available at <http://www.consumerreports.org/health/about/mission.htm> (last visited June 18, 2010).+(last+visited+June+18,+2010).>Google Scholar