Promoting Access to Health Care in 'other Situations of Violence': Time to Reignite the Debate on International Regulation

Massingham, Eve and Thynne, Kelisiana (2014) Promoting Access to Health Care in 'other Situations of Violence': Time to Reignite the Debate on International Regulation. Journal of Humanitarian Legal Studies, 5 1: 105-129. doi:10.1163/18781527-00501003


Author Massingham, Eve
Thynne, Kelisiana
Title Promoting Access to Health Care in 'other Situations of Violence': Time to Reignite the Debate on International Regulation
Journal name Journal of Humanitarian Legal Studies   Check publisher's open access policy
ISSN 1878-1373
1878-1527
Publication date 2014
Sub-type Article (original research)
DOI 10.1163/18781527-00501003
Volume 5
Issue 1
Start page 105
End page 129
Total pages 25
Place of publication Leiden, The Netherlands
Publisher Brill
Collection year 2015
Language eng
Formatted abstract
In the last ten years or so, the international community has seen an increase in the suppression of revolutionaries or insurrectionists by authoritarian regimes. There has also been a growing urbanisation of violence, in which gangs infiltrate urban societies due to a lack of provision of State services. This landscape of violence continually morphs from one dominated by armed conflicts (to which international humanitarian law (ihl) applies) to one that increasingly involves ‘other situations of violence’ which fall short of the threshold of armed conflict (and which are not regulated by ihl). These ‘other situations of violence’, whilst wildly disparate in many ways, share the tragedy (also shared with armed conflict) of the impediments they place on access to health care by those left vulnerable as a result of the breakdown of domestic legal order. This paper reviews existing laws and principles, which could apply to ‘other situations of violence’ such as those found in ihl and human rights law. It makes the case that an international framework could have a stronger presence in the regulation of ‘other situations of violence’, in order to ensure the protection of those who need it most.
Keyword International humanitarian law
Health care in conflict
Gang violence
Other situations of violence
Health workers
Human Rights law
State perpetrated violence
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: TC Beirne School of Law Publications
 
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Created: Thu, 16 Jul 2015, 15:47:15 EST by Carmen Buttery on behalf of T.C. Beirne School of Law