Health Definitions

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MODULE I

CONSTITUTION OF THE WORLD HEALTH ORGANIZATION, 1948

THE STATES Parties to this Constitution declare, in conformity with the Charter of the
United Nations, that the following principles are basic to the happiness, harmonious relations
and security of all peoples:

Health is a state of complete physical, mental and social well-being and not merely the
absence of disease or infirmity.

WHO STRATEGY, 1977

Health for all

The Ottawa Charter for Health Promotion, 1987

The first International Conference on Health Promotion, meeting in Ottawa this 21st day of
November 1986, hereby presents this CHARTER for action to achieve Health for All by the
year 2000 and beyond.

Health Promotion

Health promotion is the process of enabling people to increase control over, and to improve,
their health. To reach a state of complete physical, mental and social well-being, an
individual or group must be able to identify and to realize aspirations, to satisfy needs, and to
change or cope with the environment. Health is, therefore, seen as a resource for everyday
life, not the objective of living. Health is a positive concept emphasizing social and personal
resources, as well as physical capacities. Therefore, health promotion is not just the
responsibility of the health sector, but goes beyond healthy life-styles to well-being.

Prerequisites for Health

The fundamental conditions and resources for health are:

 peace,
 shelter,
 education,
 food,
 income,
 a stable eco-system,
 sustainable resources,
 social justice, and equity.

Improvement in health requires a secure foundation in these basic prerequisites.

HUBER’S definition of Heath, 2011

Health is the ability to adopt and self-manage.

Winslow’s Definition of Public Health

Public health is the science and art of


a) promoting health,
b) prolonging live
c) organising efforts for
(i) Sanitation of the environment
(ii) Control of communicable infections
(iii) Education of individuals in personal hygience
(iv) Organisation of medical and nursing services for early diagnosis and
preventive treatment of diseases.
(v) The development of social machinery to ensure everyone has a standard of
living adequate for maintenance of health for every citizen to ensure the
birthright of health and longevity.

WHO DEFINITION OF PUBLIC HEALTH

Public health is "the science and art of preventing disease, prolonging life and promoting health
through the organized efforts of the society.”

CDC Definition of Public Health

Public health is the science of protecting and improving the health of people and their
communities

Indian Academy of Public Health, Indian Public Health

Public health is the science and art of promoting health, preventing disease and
prolonging life, to maintain a healthy and economically productive life so as to realize the
birth right of each individual, by organizing a social machinery of community
development to
a) maintain a healthy environment,
b) to empower the people for maintaining a healthy life style and behavior, prevent
epidemics,
c) to control communicable and non communicable diseases,
d) addressing the social, economic and cultural determinants influencing health and
disease, and also organizing a personal care and public health service for caring
the sick and disabled specially during man made or natural calamities and
epidemics by evolving and organizing a health care delivery system, staffed with
adequately trained appropriate health work force to deliver
i) health promotion,
ii) prevention,
iii) early diagnosis,
iv) treatment and
v) rehabilitation of diseases as a comprehensive package along with essential
public health services which is to be
a) universally available,
b) equitably distributed and
c) accessible to all the individuals and

the community in need at an affordable cost, through intersectoral coordination, organized


collective effort, community participation and ownership.
MODULE II

CONSTITUTION OF THE WORLD HEALTH ORGANIZATION

THE STATES Parties to this Constitution declare, in conformity with the Charter of the
United Nations, that the following principles are basic to the happiness, harmonious relations
and security of all peoples:

Health is a state of complete physical, mental and social well-being and not merely the
absence of disease or infirmity.

The enjoyment of the highest attainable standard of health is one of the fundamental rights of
every human being without distinction of race, religion, political belief, economic or social
condition.

The health of all peoples is fundamental to the attainment of peace and security and is
dependent upon the fullest co-operation of individuals and States.

The achievement of any State in the promotion and protection of health is of value to all.

Unequal development in different countries in the promotion of health and control of disease,
especially communicable disease, is a common danger.

Healthy development of the child is of basic importance; the ability to live harmoniously in a
changing total environment is essential to such development.

The extension to all peoples of the benefits of medical, psychological and related knowledge
is essential to the fullest attainment of health.

Informed opinion and active co-operation on the part of the public are of the utmost
importance in the improvement of the health of the people.

Governments have a responsibility for the health of their peoples which can be fulfilled only
by the provision of adequate health and social measures.

ACCEPTING THESE PRINCIPLES, and for the purpose of co-operation among themselves
and with others to promote and protect the health of all peoples, the Contracting Parties agree
to the present Constitution and hereby establish the World Health Organization as a
specialized agency within the terms of Article 57 of the Charter of the United Nations.

UNIVERSAL DECLARATION OF HUMAN RIGHTS, 1948

ARTICLE 25

1. Everyone has the right to a standard of living adequate for the health and well-being
of himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL


RIGHTS, 1966

Article 10

The States Parties to the present Covenant recognize that:

1. The widest possible protection and assistance should be accorded to the family, which is
the natural and fundamental group unit of society, particularly for its establishment and while
it is responsible for the care and education of dependent children. Marriage must be entered
into with the free consent of the intending spouses.

2. Special protection should be accorded to mothers during a reasonable period before and
after childbirth. During such period working mothers should be accorded paid leave or leave
with adequate social security benefits.

3. Special measures of protection and assistance should be taken on behalf of all children
and young persons without any discrimination for reasons of parentage or other conditions.
Children and young persons should be protected from economic and social exploitation.
Their employment in work harmful to their morals or health or dangerous to life or likely
to hamper their normal development should be punishable by law. States should also set age
limits below which the paid employment of child labour should be prohibited and punishable
by law.

Article 12

1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment
of the highest attainable standard of physical and mental health.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full
realization of this right shall include those necessary for:

(a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the
healthy development of the child;

(b) The improvement of all aspects of environmental and industrial hygiene;

(c) The prevention, treatment and control of epidemic, endemic, occupational and other
diseases;

(d) The creation of conditions which would assure to all medical service and medical
attention in the event of sickness.
CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN, 1979

Article 11

1. States Parties shall take all appropriate measures to eliminate discrimination against
women in the field of employment in order to ensure, on a basis of equality of men and
women, the same rights, in particular:

(a) The right to work as an inalienable right of all human beings;

(b) The right to the same employment opportunities, including the application of the same
criteria for selection in matters of employment;

(c) The right to free choice of profession and employment, the right to promotion, job
security and all benefits and conditions of service and the right to receive vocational training
and retraining, including apprenticeships, advanced vocational training and recurrent training;

(d) The right to equal remuneration, including benefits, and to equal treatment in respect of
work of equal value, as well as equality of treatment in the evaluation of the quality of work;

(e) The right to social security, particularly in cases of retirement, unemployment, sickness,
invalidity and old age and other incapacity to work, as well as the right to paid leave;

(f) The right to protection of health and to safety in working conditions, including the
safeguarding of the function of reproduction.

2. In order to prevent discrimination against women on the grounds of marriage or maternity


and to ensure their effective right to work, States Parties shall take appropriate measures: (a)
To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or
of maternity leave and discrimination in dismissals on the basis of marital status;

(b) To introduce maternity leave with pay or with comparable social benefits without loss of
former employment, seniority or social allowances;

(c) To encourage the provision of the necessary supporting social services to enable parents
to combine family obligations with work responsibilities and participation in public life, in
particular through promoting the establishment and development of a network of child-care
facilities;

(d) To provide special protection to women during pregnancy in types of work proved to be
harmful to them.

3. Protective legislation relating to matters covered in this article shall be reviewed


periodically in the light of scientific and technological knowledge and shall be revised,
repealed or extended as necessary.
Article 12

1. States Parties shall take all appropriate measures to eliminate discrimination against
women in the field of health care in order to ensure, on a basis of equality of men and
women, access to health care services, including those related to family planning.

2. Notwithstanding the provisions of paragraph I of this article, States Parties shall ensure to
women appropriate services in connection with pregnancy, confinement and the post-natal
period, granting free services where necessary, as well as adequate nutrition during
pregnancy and lactation.

Article 13

States Parties shall take all appropriate measures to eliminate discrimination against women
in other areas of economic and social life in order to ensure, on a basis of equality of men and
women, the same rights, in particular:
(a) The right to family benefits;
(b) The right to bank loans, mortgages and other forms of financial credit;
(c) The right to participate in recreational activities, sports and all aspects of cultural life.

Article 14
1. States Parties shall take into account the particular problems faced by rural women and the
significant roles which rural women play in the economic survival of their families, including
their work in the non-monetized sectors of the economy, and shall take all appropriate
measures to ensure the application of the provisions of the present Convention to women in
rural areas.

2. States Parties shall take all appropriate measures to eliminate discrimination against
women in rural areas in order to ensure, on a basis of equality of men and women, that they
participate in and benefit from rural development and, in particular, shall ensure to such
women the right:
(a) To participate in the elaboration and implementation of development planning at all
levels;
(b) To have access to adequate health care facilities, including information, counselling and
services in family planning;
(c) To benefit directly from social security programmes;
(d) To obtain all types of training and education, formal and non-formal, including that
relating to functional literacy, as well as, inter alia, the benefit of all community and
extension services, in order to increase their technical proficiency;
(e) To organize self-help groups and co-operatives in order to obtain equal access to
economic opportunities through employment or self employment;
(f) To participate in all community activities;
(g) To have access to agricultural credit and loans, marketing facilities, appropriate
technology and equal treatment in land and agrarian reform as well as in land resettlement
schemes;
(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation,
electricity and water supply, transport and communications.
CONVENTION ON THE RIGHTS OF CHILD, 1989.

Article 24

1. States Parties shall strive to ensure that detail measures to ensure no child is deprived
recognize the right of the child to the enjoyment of the highest attainable standard of
health and to facilities for the treatment of illness and rehabilitation of health. States
Parties shall strive to ensure that no child is deprived of his or her right of access to
such health care services.

2. States Parties shall pursue full and well-rounded implementation of this right and, in
particular, shall take appropriate measures:

(a) To diminish infant and child mortality;

(b) To ensure the provision of necessary medical assistance and health care to all children
with emphasis on the development of primary health care;

(c) To combat disease and malnutrition, including within the framework of primary health
care, through, inter alia, the application of readily available technology and through the
provision of adequate nutritious foods and clean drinking-water, taking into consideration the
dangers and risks of environmental pollution;

(d) To ensure appropriate pre-natal and post-natal health care for mothers;

(e) To ensure that all segments of society, in particular parents and children, are informed,
have access to education and are supported in the use of basic knowledge of child health and
nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the
prevention of accidents;

(f) To develop preventive health care, guidance for parents and family planning education
and services.

3. States Parties shall take all effective and appropriate measures with a view to abolishing
traditional practices prejudicial to the health of children.

4. States Parties undertake to promote and encourage international co-operation with a view
to achieving progressively the full realization of the right recognized in the present article. In
this regard, particular account shall be taken of the needs of developing countries.

CONVENTION ON RIGHTS OF PERSONS WITH DISABILITIES (2006)

Article 25 - Health
States Parties recognize that persons with disabilities have legally the right to the enjoyment
of the highest attainable standard of health without discrimination on the basis of disability.
States Parties shall take all appropriate measures to ensure access for persons with
disabilities to health services that are gender-sensitive, including health-related rehabilitation.
In particular, States Parties shall:

a. Provide persons with disabilities with the same range, quality and standard of free
or affordable health care and programmes as provided to other persons, including in
the area of sexual and reproductive health and population-based public health
programmes;
b. Provide those three health services needed by persons with disabilities specifically
because of their disabilities, including early identification and intervention as
appropriate, and services designed to minimize and prevent further disabilities,
including treatment among children and older persons;
c. Provide these health services as close as possible to people's own communities,
including in rural areas;
d. Require health professionals to provide care of the same quality to persons with
disabilities as to others, including on the basis of free and informed consent by, inter
alia, raising awareness of the human rights, dignity, autonomy and needs of persons
with disabilities through training and the promulgation of ethical standards for public
and private health care;
e. Prohibit discrimination against persons with disabilities in the provision of health
insurance, and life insurance where such insurance is permitted by national law,
which shall be provided in a fair and reasonable manner;
f. Prevent discriminatory denial of health care or health services or food and fluids on
the basis of disability.

INTERNATIONAL HEALTH REGULATIONS (2005)

PART I – DEFINITIONS, PURPOSE AND SCOPE, PRINCIPLES AND RESPONSIBLE


AUTHORITIES

Article 2 Purpose and scope - The purpose and scope of these Regulations are to prevent,
protect against, control and provide a public health response to the international spread of
disease in ways that are commensurate with and restricted to public health risks, and which
avoid unnecessary interference with international traffic and trade.

Article 4 Responsible authorities - 1. Each State Party shall designate or establish a


National IHR Focal Point and the authorities responsible within its respective jurisdiction
for the implementation of health measures under these Regulations.

2. National IHR Focal Points shall be accessible at all times for communications with the
WHO IHR Contact Points provided for in paragraph 3 of this Article. The functions of
National IHR Focal Points shall include:

(a) sending to WHO IHR International Contact Points, on behalf of the State Party
concerned, urgent communications concerning the implementation of these Regulations, in
particular under Articles 6 to 12; and
(b) disseminating information to, and consolidating input from, relevant sectors of the
administration of the State Party concerned, including those responsible for surveillance and
reporting, points of entry, public health services, clinics and hospitals and other government
departments.

3. WHO shall designate IHR Contact Points, which shall be accessible at all times for
communications with National IHR Focal Points. WHO IHR Contact Points shall send urgent
communications concerning the implementation of these Regulations, in particular under
Articles 6 to 12, to the National IHR Focal Point of the States Parties concerned. WHO IHR
Contact Points may be designated by WHO at the headquarters or at the regional level of the
Organization.

4. States Parties shall provide WHO Global with contact details of their National IHR Focal
Point and WHO shall provide States Parties with contact details of WHO IHR Contact Points.
These contact details shall be continuously updated and annually confirmed. WHO shall
make available to all States Parties the contact details of National IHR Focal Points it
receives pursuant to this Article.

PART II – INFORMATION AND PUBLIC HEALTH RESPONSE

Article 5 Surveillance - 1. Each State Party shall develop, strengthen and maintain, as
soon as possible but no later than five years from the entry into force of these
Regulations for that State Party, the capacity to detect, assess, notify, ensure
transparency and report events in accordance with these Regulations, as specified in
Annex 1.

2. Following the assessment referred to in paragraph 2, Part A of Annex 1, a State Party may
report to WHO on the basis of a justified need and an implementation plan and, in so doing,
obtain an extension of two years in which to fulfil the obligation in paragraph 1 of this
Article. In exceptional circumstances, and supported by a new implementation plan, the State
Party may request a further extension not exceeding two years from the Director-General,
who shall make the decision, taking into account the technical advice of the Committee
established under Article 50 (hereinafter the “Review Committee”). After the period
mentioned in paragraph 1 of this Article, the State Party that has obtained an extension shall
report annually to WHO on progress made towards the full implementation.

3. WHO shall assist States Parties, upon request, to develop, strengthen and maintain the
capacities referred to in paragraph 1 of this Article.

4. WHO shall collect information regarding events through its surveillance activities and
assess their potential to cause international disease spread and possible interference with
international traffic. Information received by WHO under this paragraph shall be handled in
accordance with Articles 11 and 45 where appropriate.

Article 6 Notification- 1. Each State Party shall assess events occurring within its territory
by using the decision instrument in Annex 2. Each State Party shall notify WHO, by the
most efficient means of communication available, by way of the National IHR Focal Point,
and within 24 hours of assessment of public health information, of all events which may
constitute a public health emergency of international concern within its territory in
accordance with the decision instrument, as well as any health measure implemented in
response to those events. If the notification received by WHO involves the competency of the
International Atomic Energy Agency (IAEA), WHO shall immediately notify the IAEA.

2. Following a notification, a State Party shall continue to communicate to WHO timely,


accurate and sufficiently detailed public health information available to it on the notified
event, where possible including case definitions, laboratory results, source and type of
the risk, number of cases and deaths, conditions affecting the spread of the disease and the
health measures employed; and report, when necessary, the difficulties faced and support
needed in responding to the potential public health emergency of international concern.

Article 7 Information-sharing during unexpected or unusual public health events- If a


State Party has evidence of an unexpected or unusual public health event within its territory,
irrespective of origin or source, which may constitute a public health emergency of
international concern, it shall provide to WHO all relevant public health information. In
such a case, the provisions of Article 6 shall apply in full.

Article 8 Consultation- In the case of events occurring within its territory not requiring
notification as provided in Article 6, in particular those events for which there is insufficient
information available to complete the decision instrument, a State Party may nevertheless
keep WHO advised thereof through the National IHR Focal Point and consult with WHO
on appropriate health measures. Such communications shall be treated in accordance with
paragraphs 2 to 4 of Article 11. The State Party in whose territory the event has occurred
may request WHO assistance to assess any epidemiological evidence obtained by that
State Party.

Article 12 Determination of a public health emergency of international concern- 1. The


Director-General shall determine, on the basis of the information received, in particular
from the State Party within whose territory an event is occurring, whether an event
constitutes a public health emergency of international concern in accordance with the criteria
and the procedure set out in these Regulations.

2. If the Director-General considers, based on an assessment under these Regulations, that a


public health emergency of international concern is occurring, the Director-General shall
consult with the State Party in whose territory the event arises regarding this preliminary
determination. If the Director-General and the State Party are in agreement regarding this
determination, the Director-General shall, in accordance with the procedure set forth in
Article 49, seek the views of the Committee established under Article 48 (hereinafter the
“Emergency Committee”) on appropriate temporary recommendations.

3. If, following the consultation in paragraph 2 above, the Director-General and the State
Party in whose territory the event arises do not come to a consensus within 48 hours on
whether the event constitutes a public health emergency of international concern, a
determination shall be made in accordance with the procedure set forth in Article 49.

4. In determining whether an event constitutes a public health emergency of international


concern, the Director-General shall consider:
(a) information provided by the State Party;
(b) the decision instrument contained in Annex 2;
(c) the advice of the Emergency Committee;
(d) scientific principles as well as the available scientific evidence and other relevant
information; and
(e) an assessment of the risk to human health, of the risk of international spread of disease
and of the risk of interference with international traffic.

5. If the Director-General, following consultations with the State Party within whose territory
the public health emergency of international concern has occurred, considers that a public
health emergency of international concern has ended, the Director-General shall take a
decision in accordance with the procedure set out in Article 49.

Article 13 Public health response- 1. Each State Party shall develop, strengthen and
maintain, as soon as possible but no later than five years from the entry into force of these
Regulations for that State Party, the capacity to respond promptly and effectively to public
health risks and public health emergencies of international concern as set out in Annex 1.
WHO shall publish, in consultation with Member States, guidelines to support States Parties
in the development of public health response capacities.

2. Following the assessment referred to in paragraph 2, Part A of Annex 1, a State Party may
report to WHO on the basis of a justified need and an implementation plan and, in so doing,
obtain an extension of two years in which to fulfil the obligation in paragraph 1 of this
Article. In exceptional circumstances and supported by a new implementation plan, the State
Party may request a further extension not exceeding two years from the Director-General,
who shall make the decision, taking into account the technical advice of the Review
Committee. After the period mentioned in paragraph 1 of this Article, the State Party that has
obtained an extension shall report annually to WHO on progress made towards the full
implementation.

3. At the request of a State Party, WHO shall collaborate in the response to public health risks
and other events by providing technical guidance and assistance and by assessing the
effectiveness of the control measures in place, including the mobilization of international
teams of experts for on-site assistance, when necessary.

4. If WHO, in consultation with the States Parties concerned as provided in Article 12,
determines that a public health emergency of international concern is occurring, it may
offer, in addition to the support indicated in paragraph 3 of this Article, further assistance
to the State Party, including an assessment of the severity of the international risk and the
adequacy of control measures. Such collaboration may include the offer to mobilize
international assistance in order to support the national authorities in conducting and
coordinating on-site assessments. When requested by the State Party, WHO shall provide
information supporting such an offer.

5. When requested by WHO, States Parties should provide, to the extent possible, support
to WHO-coordinated response activities.

6. When requested, WHO shall provide appropriate guidance and assistance to other States
Parties indirectly affected or threatened by the public health emergency of international
concern in the future.

Article 14 Cooperation of WHO with intergovernmental organizations and


international bodies- 1. WHO shall cooperate and coordinate its activities, as appropriate,
with other competent intergovernmental organizations or international bodies in the
implementation of these Regulations, including through the conclusion of agreements and
other similar arrangements.

2. In cases in which notification or verification of, or response to, an event is primarily within
the competence of other intergovernmental organizations or international bodies, WHO
shall coordinate its activities with such organizations or bodies in order to ensure the
application of adequate measures for the protection of public health.

3. Notwithstanding the foregoing, nothing in these Regulations shall preclude or limit the
provision by WHO of advice, support, or technical or other assistance for public health
purposes. 

Article 23 Health measures on arrival and departure- 1. Subject to applicable


international agreements and relevant articles of these Regulations, a State Party may require
for public health purposes, on arrival or departure:
(a) with regard to travellers:
(i) information concerning the traveller’s destination so that the traveller may be contacted;
(ii) information concerning the traveller’s itinerary to ascertain if there was any travel in or
near an affected area or other possible contacts with infection or contamination prior to
arrival, as well as review of the traveller’s health documents if they are required under these
Regulations; and/or (iii) a non-invasive medical examination which is the least intrusive
examination that would achieve the public health objective;
(b) inspection of baggage, cargo, containers, conveyances, goods, postal parcels and human
remains.

2. On the basis of evidence of a public health risk obtained through the measures provided in
paragraph 1 of this Article, or through other means, States Parties may apply additional health
measures, in accordance with these Regulations, in particular, with regard to a suspect or
affected traveller, on a case-by-case basis, the least intrusive and invasive medical
examination that would achieve the public health objective of preventing the international
spread of disease.

3. No medical examination, vaccination, prophylaxis or health measure under these


Regulations shall be carried out on travellers without their prior express informed consent or
that of their parents or guardians, except as provided in paragraph 2 of Article 31, and in
accordance with the law and international obligations of the State Party.

4. Travellers to be vaccinated or offered prophylaxis pursuant to these Regulations, or their


parents or guardians, shall be informed of any risk associated with vaccination or with non-
vaccination and with the use or non-use of prophylaxis in accordance with the law and
international obligations of the State Party. States Parties shall inform medical practitioners
of these requirements in accordance with the law of the State Party.

5. Any medical examination, medical procedure, vaccination or other prophylaxis which


involves a risk of disease transmission shall only be performed on, or administered to, a
traveller in accordance with established national or international safety guidelines and
standards so as to minimize such a risk.
Article 30 Travellers under public health observation- Subject to Article 43 or as
authorized in applicable international agreements, a suspect traveller who on arrival is placed
under public health observation may continue an international voyage, if the traveller does
not pose an imminent public health risk and the State Party informs the competent authority
of the point of entry at destination, if known, of the traveller’s expected arrival. On arrival,
the traveller shall report to that authority.

Article 31 Health measures relating to entry of travellers- 1. Invasive medical


examination, vaccination or other prophylaxis shall not be required as a condition of entry of
any traveller to the territory of a State Party, except that, subject to Articles 32, 42 and 45,
these Regulations do not preclude States Parties from requiring medical examination,
vaccination or other prophylaxis or proof of vaccination or other prophylaxis:
(a) when necessary to determine whether a public health risk exists;
(b) as a condition of entry for any travellers seeking temporary or permanent residence;
(c) as a condition of entry for any travellers pursuant to Article 43 or Annexes 6 and 7; or
(d) which may be carried out pursuant to Article 23.

2. If a traveller for whom a State Party may require a medical examination, vaccination or
other prophylaxis under paragraph 1 of this Article fails to consent to any such measure, or
refuses to provide the information or the documents referred to in paragraph 1(a) of Article
23, the State Party concerned may, subject to Articles 32, 42 and 45, deny entry to that
traveller. If there is evidence of an imminent public health risk, the State Party may, in
accordance with its national law and to the extent necessary to control such a risk, compel the
traveller to undergo or advise the traveller, pursuant to paragraph 3 of Article 23, to undergo:
(a) the least invasive and intrusive medical examination that would achieve the public health
objective;
(b) vaccination or other prophylaxis; or
(c) additional established health measures that prevent or control the spread of disease,
including isolation, quarantine or placing the traveller under public health observation.

Article 32 Treatment of travellers


In implementing health measures under these Regulations, States Parties shall treat travellers
with respect for their dignity, human rights and fundamental freedoms and minimize any
discomfort or distress associated with such measures, including by:
(a) treating all travellers with courtesy and respect;
(b) taking into consideration the gender, sociocultural, ethnic or religious concerns of
travellers; and
(c) providing or arranging for adequate food and water, appropriate accommodation and
clothing, protection for baggage and other possessions, appropriate medical treatment, means
of necessary communication if possible in a language that they can understand and other
appropriate assistance for travellers who are quarantined, isolated or subject to medical
examinations or other procedures for public health purposes.
Pandemic Influenza Preparedness Framework

6. Pandemic influenza preparedness benefit sharing system


6.0 General
6.0.1 Member States should, working with the WHO Secretariat, contribute to a pandemic
influenza benefit-sharing system and call upon relevant institutions, organizations, and
entities, influenza vaccines, diagnostics and pharmaceutical manufacturers and public health
researchers to also make appropriate contribution to this system.

6.0.2 The PIP Benefit Sharing System will operate to:


(i) provide pandemic surveillance and risk assessment and early warning information and
services to all countries;
(ii) provide benefits, including, where appropriate, capacity building in pandemic
surveillance, risk assessment, and early warning information and services to Member States.
(iii) prioritize important benefits, such as and including antiviral medicines and vaccines
against H5N1 and other influenza viruses with human pandemic potential as high priorities,
to developing countries, particularly affected countries, according to public health risk and
needs and particularly where those countries do not have their own capacity to produce or
access influenza vaccines, diagnostics and pharmaceuticals. Prioritization will be based on
assessment of public health risk and need, by experts with transparent guidelines;
(iv) build capacity in receiving countries over time for and through technical assistance and
transfer of technology, skills and know-how and expanded influenza vaccine production,
tailored to their public health risk and needs.
6.0.3 The pandemic influenza preparedness Benefit Sharing System will include the elements
set out in the remainder of this part.

6.1 WHO Coordination of pandemic influenza preparedness and response WHO will
coordinate influenza pandemic preparedness and response in accordance with applicable
International Health Regulations (2005) provisions and this Framework. As regards the
benefits outlined in this Framework, WHO should pay particular attention to policies and
practices that promote the fair, equitable and transparent allocation of scarce medical
resources (including, but not limited to, vaccines, antivirals and diagnostic materials) during
pandemics based on public health risk and needs, including the epidemiology of the
pandemic. During inter-pandemic periods, WHO will work with Member States and
relevant stakeholders to prepare for the aforementioned role.

6.2 Pandemic risk assessment and risk response


6.2.1 WHO GISRS laboratories will make available to the WHO Secretariat and the
originating Member State, in a rapid, systematic and timely manner, a summary report of
laboratory analyses and on request any other available information required regarding PIP
biological materials to enablethe affected countries and in particular, developing countries, to
make an effective and meaningful risk response.

6.11 Access to pandemic influenza vaccines


6.11.1 Member States should urge vaccine manufacturers to set aside a portion of each
production cycle of pandemic influenza vaccine for use by developing countries; and
6.11.2 The Director-General, consulting Member States and the Advisory Group, will
convene an expert group to continue to develop international mechanisms, including existing
ones, for the production and distribution of influenza vaccines on the basis of public health
risk and needs during apandemic, for consideration by the World Health Assembly in 2010.

7. Governance and review


7.1 General
7.1.1 The implementation of this Framework will be overseen by the World Health Assembly
with advice from the Director-General.
7.1.2 An oversight mechanism is hereby established, which includes the World Health
Assembly, the Director-General and the independent “Advisory Group”, established in
connection with the Interim Statement of November 2007, and composed of international
experts serving the Organization exclusively. Respectively, their function will be as follows:
(i) The Health Assembly, consistent with the Organization’s Constitu-tional function to act as
the “directing and co-ordinating” authority on international health work, as set forth in Article
2(a) of the WHO Constitution, will oversee implementation of the Framework.
(ii) The Director-General, consistent with her role and responsibilities, particularly in
connection with collaborating institutions and other mechanisms of collaboration, inter alia,
will promote implementation of the Framework within WHO and among relevant WHO-
related entities.
(iii) In order that the Health Assembly and Director-General have appropriate expert
monitoring and evaluation processes to support these functions, the Advisory Group, as
provided for in this section, will provide evidence-based reporting, assessment and
recommendations regarding the functioning of the Framework. The Advisory Group,
consistent with WHO practice regarding such independent expert bodies, will advise the
Director-General but will not itself engage in administrative functions, such as the
recognition, or withdrawal of recognition, of technical institutions, nor will it have a public
role, except as authorized.

7.2 Advisory Group


7.2.1 The Director-General will maintain the Advisory Group, referenced in section
7.1.2 above, to monitor and provide guidance to strengthen the functioning of the WHO
GISRS and undertake necessary assessment of the trust-based system needed to protect
public health and to help ensure implementation of this Framework.
7.2.2 The Director-General, in consultation with Member States, will continue to ensure that
the Advisory Group is based on equitable representation of the WHO regions and of affected
countries, taking into account balanced representation between developed and developing
countries.
7.2.3 The Advisory Group will comprise 18 members drawn from three Member States in
each WHO Region, with a skill mix of internationally recognized policy makers, public
health experts and technical experts in the field of influenza.
7.2.4 The Advisory Group will function to assist the Director-General in monitoring the
implementation of this Framework, in accordance with the terms of reference for the
Advisory Group in Annex 3 of this Framework.
7.2.5 The Advisory Group will present an annual report to the Director-General on its
evaluation of the implementation of this Framework. The report should cover the following:
(i) necessary technical capacities of WHO GISRS;
(ii) operational functioning of WHO GISRS;
(iii) WHO GISRS influenza pandemic preparedness priorities, guidelines and best practices
(e.g. vaccine stockpiles, capacity building);
(iv) increasing and enhancing surveillance for H5N1 and other influenza viruses with human
pandemic potential;
(v) the Influenza Virus Tracking Mechanism;
(vi) the sharing of influenza viruses and access to vaccines and other benefits;
(vii) use of financial and non-financial contributions.
7.2.6 The Director-General will present a report on the work carried out by the Advisory
Group, through the Executive Board, to the Sixty-fifth World Health Assembly in 2012 for its
consideration including a decision on the Advisory Group’s future mandate.
MODULE III

Right to Equality
Article 14. The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article 15 (1) The State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them

Protection of life and personal liberty.


Article 21. No person shall be deprived of his life or personal liberty except according to
procedure established by law.

Right against exploitation

Article 23. (1) Traffic in human beings and begar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be an offence punishable in
accordance with law. (2) Nothing in this article shall prevent the State from imposing
compulsory service for public purposes, and in imposing such service the State shall not
make any discrimination on grounds only of religion, race, caste or class or any of them

Prohibition of employment of children in factories, etc.

Article 24. No child below the age of fourteen years shall be employed to work in any factory
or mine or engaged in any other hazardous employment.

State to secure a social order for the promotion of welfare of the people.

Article 38. [(1)] The State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order in which justice, social, economic and
political, shall inform all the institutions of the national life.

Certain principles of policy to be followed by the State.

Article 39. The State shall, in particular, direct its policy towards securing—

(e) that the health and strength of workers, men and women, and the tender age of children
are not abused and that citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength;

(f) that children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.

Right to work, to education and to public assistance in certain cases.


Article 41. The State shall, within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public assistance in
cases of unemployment, old age, sickness and disablement, and in other cases of
undeserved want

Provision for just and humane conditions of work and maternity relief.

Article 42. The State shall make provision for securing just and humane conditions of work
and for maternity relief.

Duty of the State to raise the level of nutrition and the standard of living and to improve
public health

Article 47. The State shall regard the raising of the level of nutrition and the standard of
living of its people and the improvement of public health as among its primary duties and,
in particular, the State shall endeavour to bring about prohibition of the consumption except
for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Protection and improvement of environment and safeguarding of forests and wild life.

Article 48A. The State shall endeavour to protect and improve the environment and to
safeguard the forests and wild life of the country.

Epidemic Diseases Act, 1897 and Epidemic Diseases (Amendment) Act, 2022

Refer to bare act

Persons with Disabilities Act, (Equal Opportunities, Protection of Rights and Full
Participation, 1995

An Act to give effect to the Proclamation on the Full Participation and Equality of the People
with Disabilities in the Asian and Pacific Region.

Section 2 Definitions. - In this Act, unless the context otherwise requires,-

i) "Disability" means

i. blindness;
ii. low vision;
iii. leprosy-cured;
iv. hearing impairment;
v. loco motor disability;
vi. mental retardation;
vii. mental illness;
l) "hearing impairment" means loss of sixty decibels or more in the better ear in the
conversational range of frequencies;

r) "mental retardation" means a condition of arrested or incomplete development of mind of a


person which is specially characterized by sub normality of intelligence;

q) "mental illness" means any mental disorder other than mental retardation;

t) "person with disability" means a person suffering from not less than forty per cent of any
disability as certified by a medical authority;

u) "person with low vision" means a person with impairment of visual functioning even after
treatment or standard refractive correction but who uses or is potentially capable of using
vision for the planning or execution of a task with appropriate assistive device;

CHAPTER IV
PREVENTATION AND EARLY DETECTION OF DISABILITIES

25. Appropriate Governments and local authorities to take certain steps for the prevention of
occurrence of disabilities. - Within the limits of their economic capacity and development,
the appropriate Governments and the local authorities, with a view to preventing the
occurrence of disabilities, shall-
a. undertake or cause to be undertaken surveys, investigations and research concerning the
cause of occurrence of disabilities;
b. promote various methods of preventing disabilities;
c. screen all the children at least once in a year for the purpose of identifying "at-risk" cases;
d. provide facilities for training to the staff at the primary health centres;
e. sponsor or cause to be sponsored awareness campaigns and disseminate or cause to be
disseminated information for general hygiene, health and sanitation;
f. take measures for pre-natal, parental and post-natal care of mother and child;
g. educate the public through the pre-schools, schools, primary health centres, village level
workers and anganwadi workers;
h. create awareness amongst the masses through television, radio and other mass media on
the causes of disabilities and the preventive measures to be adopted.

CHAPTER VII
AFFIRMATIVE ACTION

42. Aids and appliances to persons with disabilities - The appropriate Governments shall by
notification make schemes to provide aids and appliances to persons with disabilities.

CHAPTER IX
RESEARCH AND MANPOWER DEVELOPMENT
48. Research - The appropriate Governments and local authorities shall promote and sponsor
research, inter alia, in the following areas

a. prevention of disability;
b. rehabilitation including community based rehabilitation;
c. development of assistive devices including their psycho-social aspects;
d. job identification;
e. on site modifications in offices and factories.

Right of Persons with Disabilities Act, 2016

An Act to give effect to the United Nations Convention on the Rights of Persons with
Disabilities and for matters connected therewith or incidental thereto.

WHEREAS the United Nations General Assembly adopted its Convention on the Rights of
Persons with Disabilities on the 13th day of December, 2006.

AND WHEREAS the aforesaid Convention lays down the following principles for
empowerment of persons with disabilities,—
(a) respect for inherent dignity, individual autonomy including the freedom to make one's
own choices, and independence of persons;
(b) non-discrimination;
(c) full and effective participation and inclusion in society;
(d) respect for difference and acceptance of persons with disabilities as part of human
diversity and humanity;
(e) equality of opportunity;
(f) accessibility;
(g) equality between men and women;
(h) respect for the evolving capacities of children with disabilities and respect for the right of
children with disabilities to preserve their identities;

2. Definitions.—In this Act, unless the context otherwise requires,—

(r) “person with benchmark disability” means a person with not less than forty per
cent. of a specified disability where specified disability has not been defined in measurable
terms and includes a person with disability where specified disability has been defined in
measurable terms, as certified by the certifying authority

s) “person with disability” means a person with long term physical, mental, intellectual or
sensory impairment which, in interaction with barriers, hinders his full and effective
participation in society equally with others

S. 4. Women and children with disabilities.—


(1) The appropriate Government and the local authorities shall take measures to ensure that
the women and children with disabilities enjoy their rights equally with others.
 
(2) The appropriate Government and local authorities shall ensure that all children with
disabilities shall have right on an equal basis to freely express their views on all matters
affecting them and provide them appropriate support keeping in view their age and
disability.”.
 

S. 6. Protection from cruelty and inhuman treatment.—


(1) The appropriate Government shall take measures to protect persons with disabilities from
being subjected to torture, cruel, inhuman or degrading treatment.
 
(2) No person with disability shall be a subject of any research without,—
(i) his or her free and informed consent obtained through accessible modes, means and
formats of communication; and
(ii) prior permission of a Committee for Research on Disability constituted in the prescribed
manner for the purpose by the appropriate Government in which not less than half of the
Members shall themselves be either persons with disabilities or Members of the registered
organisation as defined under clause (z) of section 2.

S.7. Protection from abuse, violence and exploitation.—


(1) The appropriate Government shall take measures to protect persons with disabilities from
all forms of abuse, violence and exploitation and to prevent the same, shall—
(a) take cognizance of incidents of abuse, violence and exploitation and provide legal
remedies available against such incidents;
(b) take steps for avoiding such incidents and prescribe the procedure for its reporting;
(c) take steps to rescue, protect and rehabilitate victims of such incidents; and
(d) create awareness and make available information among the public.
 
(2) Any person or registered organisation who or which has reason to believe that an act of
abuse, violence or exploitation has been, or is being, or is likely to be committed against any
person with disability, may give information about it to the Executive Magistrate within the
local limits of whose jurisdiction such incidents occur.
 
S.8. Protection and safety -
(1) The persons with disabilities shall have equal protection and safety in situations of risk,
armed conflict, humanitarian emergencies and natural disasters.
 
(2) The National Disaster Management Authority and the State Disaster Management
Authority shall take appropriate measures to ensure inclusion of persons with disabilities in
its disaster management activities as defined under clause (e) of section 2 of the Disaster
Management Act, 2005 (53 of 2005) for the safety and protection of persons with disabilities.
 
(3) The District Disaster Management Authority constituted under section 25 of the Disaster
Management Act, 2005 (53 of 2005) shall maintain record of details of persons with
disabilities in the district and take suitable measures to inform such persons of any situations
of risk so as to enhance disaster preparedness.
 
(4) The authorities engaged in reconstruction activities subsequent to any situation of risk,
armed conflict or natural disasters shall undertake such activities, in consultation with the
concerned State Commissioner, in accordance with the accessibility requirements of persons
with disabilities.

S. 10. Reproductive rights.—


(1) The appropriate Government shall ensure that persons with disabilities have access to
appropriate information regarding reproductive and family planning.
 
(2) No person with disability shall be subject to any medical procedure which leads to
infertility without his or her free and informed consent

S. 25. Healthcare.—
(1) The appropriate Government and the local authorities shall take necessary measures for
the persons with disabilities to provide,—
(a) free healthcare in the vicinity specially in rural area subject to such family income as
may be notified;
(b) barrier-free access in all parts of Government and private hospitals and other healthcare
institutions and centres;
(c) priority in attendance and treatment.
 
(2) [Has a focus on the prevention aspect] The appropriate Government and the local
authorities shall take measures and make schemes or programmes to promote healthcare and
prevent the occurrence of disabilities and for the said purpose shall—
(a) undertake or cause to be undertaken surveys, investigations and research concerning the
cause of occurrence of disabilities;
(b) promote various methods for preventing disabilities;
(c) screen all the children at least once in a year for the purpose of identifying “at-risk” cases;
(d) provide facilities for training to the staff at the primary health centres;
(e) sponsor or cause to be sponsored awareness campaigns and disseminate or cause to be
disseminated information for general hygiene, health and sanitation;
(f) take measures for pre-natal, perinatal and post-natal care of mother and child;
(g) educate the public through the pre-schools, schools, primary health centres, village level
workers and anganwadi workers;
(h) create awareness amongst the masses through television, radio and other mass media on
the causes of disabilities and the preventive measures to be adopted;
(i) healthcare during the time of natural disasters and other situations of risk;
(j) essential medical facilities for life saving emergency treatment and procedures; and
(k) sexual and reproductive healthcare especially for women with disability.
 

S. 28. Research and development.—The appropriate Government shall initiate or cause to


be initiated research and development through individuals and institutions on issues which
shall enhance habitation and rehabilitation and on such other issues which are necessary for
the empowerment of persons with disabilities.

The Disaster Management Act, 2005

An Act to provide for the effective management of disasters and for matters connected
therewith or incidental thereto.

2. Definitions.—In this Act, unless the context otherwise requires,—


(d) “disaster” means a catastrophe, mishap, calamity or grave occurrence in any area,
arising from natural or man made causes, or by accident or negligence which results in
substantial loss of life or human suffering or damage to, and destruction of, property, or
damage to, or degradation of, environment, and is of such a nature or magnitude as to be
beyond the coping capacity of the community of the affected area;

(e) “disaster management” means a continuous and integrated process of planning,


organising, coordinating and implementing measures which are necessary or expedient for—
i. prevention of danger or threat of any disaster;
ii. mitigation or reduction of risk of any disaster or its severity or consequences;
iii. capacity-building;
iv. preparedness to deal with any disaster;
v. prompt response to any threatening disaster situation or disaster;
vi. assessing the severity or magnitude of effects of any disaster
vii. evacuation, rescue and relief;
viii.rehabilitation and reconstruction;

CHAPTER II
THE NATIONAL DISASTER MANAGEMENT AUTHORITY

3. Establishment of National Disaster Management Authority.—


(1) With effect from such date as the Central Government may, by notification in the Official
Gazette appoint in this behalf, there shall be established for the purposes of this Act, an
authority to be known as the National Disaster Management Authority.
(2) The National Authority shall consist of the Chairperson and such number of other
members, not exceeding nine, as may be prescribed by the Central Government and, unless
the rules otherwise provide, the National Authority shall consist of the following:—
(a) the Prime Minister of India, who shall be the Chairperson of the National Authority, ex
officio;
(b) other members, not exceeding nine, to be nominated by the Chairperson of the National
Authority.
(3) The Chairperson of the National Authority may designate one of the members nominated
under clause (b) of sub-section (2) to be the Vice-Chairperson of the National Authority.
(4) The term of office and conditions of service of members of the National Authority shall
be such as may be prescribed.

6. Powers and functions of National Authority.—(1) Subject to the provisions of this Act, the
National Authority shall have the responsibility for laying down the policies, plans and
guidelines for disaster management for ensuring timely and effective response to disaster. (2)
Without prejudice to generality of the provisions contained in sub-section (1), the National
Authority may —
(a) lay down policies on disaster management;
(b) approve the National Plan;
(c) approve plans prepared by the Ministries or Departments of the Government of India in
accordance with the National Plan;
(d) lay down guidelines to be followed by the State Authorities in drawing up the State Plan;
(e) lay down guidelines to be followed by the different Ministries or Departments of the
Government of India for the purpose of integrating the measures for prevention of disaster or
the mitigation of its effects in their development plans and projects;
(f) coordinate the enforcement and implementation of the policy and plan for disaster
management;
(g) recommend provision of funds for the purpose of mitigation;
(h) provide such support to other countries affected by major disasters as may be determined
by the Central Government;
(i) take such other measures for the prevention of disaster, or the mitigation, or preparedness
and capacity building for dealing with the threatening disaster situation or disaster as it may
consider necessary;
(j) lay down broad policies and guidelines for the functioning of the National Institute of
Disaster Management.
(3) The Chairperson of the National Authority shall, in the case of emergency, have power to
exercise all or any of the powers of the National Authority but exercise of such powers shall
be subject to ex post facto ratification by the National Authority.

CHAPTER III
STATE DISASTER MANAGEMENT AUTHORITIES

14. Establishment of State Disaster Management Authority.—(1) Every State Government


shall, as soon as may be after the issue of the notification under sub-section (1) of section 3,
by notification in the Official Gazette, establish a State Disaster Management Authority for
the State with such name as may be specified in the notification of the State Government. (2)
A State Authority shall consist of the Chairperson and such number of other members, not
exceeding nine, as may be prescribed by the State Government and, unless the rules
otherwise provide, the State Authority shall consist of the following members, namely:—
(a) the Chief Minister of the State, who shall be Chairperson, ex officio;
(b) other members, not exceeding eight, to be nominated by the Chairperson of the State
Authority;
(c) the Chairperson of the State Executive Committee, ex officio.

(3) The Chairperson of the State Authority may designate one of the members nominated
under clause (b) of sub-section (2) to be the Vice-Chairperson of the State Authority. (4) The
Chairperson of the State Executive Committee shall be the Chief Executive Officer of the
State Authority, ex officio:

Provided that in the case of a Union territory having Legislative Assembly, except the Union
territory of Delhi, the Chief Minister shall be the Chairperson of the Authority established
under this section and in case of other Union territories, the Lieutenant Governor or the
Administrator shall be the Chairperson of that Authority: Provided further that the Lieutenant
Governor of the Union territory of Delhi shall be the Chairperson and the Chief Minister
thereof shall be the Vice-Chairperson of the State Authority.
(5) The term of office and conditions of service of members of the State Authority shall be
such as may be prescribed.

18. Powers and functions of State Authority.—(1) Subject to the provisions of this Act, a
State Authority shall have the responsibility for laying down policies and plans for disaster
management in the State.
(2) Without prejudice to the generality of provisions contained in sub-section (1), the State
Authority may—
(a) lay down the State disaster management policy;
(b) approve the State Plan in accordance with the guidelines laid down by the National
Authority;
(c) approve the disaster management plans prepared by the departments of the Government of
the State;
(d) lay down guidelines to be followed by the departments of the Government of the State
for the purposes of integration of measures for prevention of disasters and mitigation in their
development plans and projects and provide necessary technical assistance therefor;
(e) coordinate the implementation of the State Plan;
(f) recommend provision of funds for mitigation and preparedness measures;
(g) review the development plans of the different departments of the State and ensure that
prevention and mitigation measures are integrated therein;
(h) review the measures being taken for mitigation, capacity building and preparedness by the
departments of the Government of the State and issue such guidelines as may be necessary.
(3) The Chairperson of the State Authority shall, in the case of emergency, have power to
exercise all or any of the powers of the State Authority but the exercise of such powers shall
be subject to ex post facto ratification of the State Authority.

CHAPTER IV
DISTRICT DISASTER MANAGEMENT AUTHORITY

25. Constitution of District Disaster Management Authority.—(1) Every State Government


shall, as soon as may be after issue of notification under sub-section (1) of section 14, by
notification in the Official Gazette, establish a District Disaster Management Authority for
every district in the State with such name as may be specified in that notification.
(2) The District Authority shall consist of the Chairperson and such number of other
members, not exceeding seven, as may be prescribed by the State Government, and unless the
rules otherwise provide, it shall consist of the following, namely:—
(a) the Collector or District Magistrate or Deputy Commissioner, as the case may be, of the
district who shall be Chairperson, ex officio;
(b) the elected representative of the local authority who shall be the co-Chairperson, ex
officio: Provided that in the Tribal Areas, as referred to in the Sixth Schedule to the
Constitution, the Chief Executive Member of the district council of autonomous district, shall
be the co-Chairperson, ex officio;
(c) the Chief Executive Officer of the District Authority, ex officio;
(d) the Superintendent of Police, ex officio;
(e) the Chief Medical Officer of the district, ex officio;
(f) not exceeding two other district level officers, to be appointed by the State Government.
(3) In any district where zila parishad exists, the Chairperson thereof shall be the co-
Chairperson of the District Authority.
(4) The State Government shall appoint an officer not below the rank of Additional Collector
or Additional District Magistrate or Additional Deputy Commissioner, as the case may be, of
the district to be the Chief Executive Officer of the District Authority to exercise such powers
and perform such functions as may be prescribed by the State Government and such other
powers and functions as may be delegated to him by the District Authority.

26. Powers of Chairperson of District Authority.—(1) The Chairperson of the District


Authority shall, in addition to presiding over the meetings of the District Authority, exercise
and discharge such powers and functions of the District Authority as the District Authority
may delegate to him.
(2) The Chairperson of the District Authority shall, in the case of an emergency, have power
to exercise all or any of the powers of the District Authority but the exercise of such powers
shall be subject to ex post facto ratification of the District Authority.
(3) The District Authority or the Chairperson of the District Authority may, by general or
special order, in writing, delegate such of its or his powers and functions, under sub-section
(1) or (2), as the case may be, to the Chief Executive Officer of the District Authority, subject
to such conditions and limitations, if any, as it or he deems fit.

CHAPTER X
OFFENCES AND PENALTIES

51. Punishment for obstruction, etc.—Whoever, without reasonable cause—


(a) obstructs any officer or employee of the Central Government or the State Government, or
a person authorised by the National Authority or State Authority or District Authority in the
discharge of his functions under this Act; or
(b) refuses to comply with any direction given by or on behalf of the Central Government or
the State Government or the National Executive Committee or the State Executive
Committee or the District Authority under this Act, shall on conviction be punishable with
imprisonment for a term which may extend to one year or with fine, or with both, and if such
obstruction or refusal to comply with directions results in loss of lives or imminent danger
thereof, shall on conviction be punishable with imprisonment for a term which may extend to
two years.

60. Cognizance of offences.—No court shall take cognizance of an offence under this Act
except on a complaint made by—
(a) the National Authority, the State Authority, the Central Government, the State
Government, the District Authority or any other authority or officer authorised in this behalf
by that Authority or Government, as the case may be; or
(b) any person who has given notice of not less than thirty days in the manner prescribed, of
the alleged offence and his intention to make a complaint to the National Authority, the State
Authority, the Central Government, the State Government, the District Authority or any other
authority or officer authorised as aforesaid.

CHAPTER XI
MISCELLANEOUS

61. Prohibition against discrimination.—While providing compensation and relief to the


victims of disaster, there shall be no discrimination on the ground of sex, caste, community,
descent or religion.

62. Power to issue direction by Central Government.—Notwithstanding anything contained


in any other law for the time being in force, it shall be lawful for the Central Government
to issue direction in writing to the Ministries or Departments of the Government of India, or
the National Executive Committee or the State Government, State Authority, State Executive
Committee, statutory bodies or any of its officers or employees, as the case may be, to
facilitate or assist in the disaster management and such Ministry or Department or
Government or Authority, Executive Committee, statutory body, officer or employee shall be
bound to comply with such direction.

73. Action taken in good faith.—No suit or prosecution or other proceeding shall lie in any
court against the Central Government or the National Authority or the State Government or
the State Authority or the District Authority or local authority or any officer or employee of
the Central Government or the National Authority or the State Government or the State
Authority or the District Authority or local authority or any person working for on behalf of
such Government or authority in respect of any work done or purported to have been done or
intended to be done in good faith by such authority or Government or such officer or
employee or such person under the provisions of this Act or the rules or regulations made
thereunder.
THE HUMAN IMMUNODEFICIENCY VIRUS AND ACQUIRED IMMUNE
DEFICIENCY SYNDROME (PREVENTION AND CONTROL) ACT, 2017

Refer to bare act


The Uttar Pradesh Public Health and Epidemic Diseases Control Act, 2020

2. In this Act, unless a contrary appears from the context,-

(f) 'Epidemic disease' means a disease which is contagious or infectious and is afflicting or is
prevalent in whole of the State or part of it;

(i) 'Isolation’ means separation of a person affected with the epidemic or such disease so sa to
prevent the disease or contagion from spreading;

(h) 'Health service personal' means a person who while carrying out his duties in relation to
epidemic related responsibilities, may come in direct contact with affected patients and
suspected persons and thereby is at the risk of being impacted by such disease, and includes,
any public and clinical healthcare provider such as doctor, nurse, paramedical worker,
community health worker, any other person empowered under this Act to take measures to
prevent the out break of the disease or spread thereof, and any person declared as such by the
State Governement by notification in the Gazette;

(j) 'lock-down' includes-


(1) Restriction with certain conditions or complete prohibition of running anyform of
transport on roads or inland water.
(2) Restrictions on the movement or gathering of persons in any place whether public or
private. (3) Prohibiting or restricting the working of factories, plants, mining or construction
or offices or Educational Institutions or market places with such conditions as may be
considered necessary;

(k) 'Quarantine' means segregating a suspected or sick person or group of persons so as to


prevent any transmission of infection to others;

5. State and District Epidemic Control Authorities

(1) There shall be a State Epidemic Control Authority with the following composition
1. Chief Minister — Chairman
2. Minister, Medical and Health—Vice -Chairman
3. Chief Secretary —Convener
4. Director General of Police - Member
5. Principal Secretary (Home) — Member
6. Principal Secretary (Health) - Member Secretary
7. Principal Secretary (Finance) - Member
8. Relief Commissioner - Member
9. Director General Medical and Health - Member

(2) There shall be a District Epidemic Control Authority with following composition
1. District Magistrate - Chairman
2. District Superintendent of Police or an officer not below the rank of a deputy
Commissioner of Police nominated by the Commissioner of Police - Member
3. Chief medical Officer - Member Secretary

31. Protection of action taken in good faith- .(1) No suit, prosecution or other legal
proceeding shall lie against any person for anything which is done or intended to be done in
good faith in pursuance of this Act or regulation or rules or order made thereunder.

(2) No suit or other legal proceeding shall lie against the Government for any damage caused
or likely to be caused by anything which is done or intended to be done in good faith in
pursuance of this Act or of any order made thereunder.
MODULE VI

Health workforce policy and management in the context of the COVID-19 pandemic
response- Prepared by WHO in December 2020

Interventions to support health workers at individual level

B. Decent working conditions, including occupational health and safety

Managers should ensure decent working conditions required for safety and well-being,
including through addressing the increased likelihood of health workers being subjected to
discrimination, violence, attacks, harassment and stigmatization during the pandemic.
COVID 19 highlights the need to address occupational health and safety within health
facilities, including through adequate resourcing and appointing implementation focal points
to enable regular assessment and control of occupational health and safety hazards and
medical surveillance of health workers. In the context of the COVID-19 pandemic, high
patient load, fatigue, stress, lack of communication and poor care coordination among health
workers may make health workers more prone to making critical errors that increase their and
patients’ risk of infection and lead to unintentional patient harm. Typical errors include those
related to injection safety and medication, and incorrect patient identification

Managers and employers should:

B.1 Provide security and take measures that prevent all forms of discrimination and violence
against health workers related to COVID-19. Communicate with the public to reduce
stigmatization of and discrimination against health workers arising from suspicion of
COVID-19 infection.

B.2 Brief health workers on their rights, duties and responsibilities in the context of the
COVID-19 response. Tailor guidance on safe working conditions and workers’ rights and
responsibilities to occupational group and roles performed. Provide a blame-free environment
that facilitates reporting of incidents such as COVID-19 exposure and filing harassment and
discrimination complaints. Health workers have the right to remove themselves from a work
situation that presents an imminent danger to their lives or health, for example being asked to
work with inadequate PPE. When a worker exercises this right, they shall be protected from
any undue consequences

B.3 Ensure workers have consented to work in clinical care for COVID-19 (19) and avoid
coercion to work in the absence of adequate PPE (personal protective equipment). Reassign
health workers at high risk of severe COVID-19 infection (for example, due to pre-existing
co morbidities, immunosuppression or risk category) to tasks or roles with lower exposure
risk; consider reassigning those workers with clinical skills to telemedicine roles.

B.4 Establish safety measures and train support staff and social care workers on COVID 19
precautions and procedures. All workers who come in direct contact with COVID-19 patients
should have PPE and training. Health workforce policy and management in the context of the
COVID-19 pandemic response.

B.5 Provide timely access to information and facilitate transparent dialogue with health
workers to share information on the evolving situation, clinical protocols, guidelines,
measures and decisions, as well as on workplace situations that expose health workers to risk
of infection.

C. Mental health of health workers

Threats to health workers’ mental health during COVID-19 include high intensity of care,
increased witness to suffering and death, increased volume of clinical services leading to
overburdening, tension between public health priorities and patients’ wishes, overall
situational anxiety, and infection risk (compounded by lack of PPE) for health workers
themselves and their families. Health workers’ mental health should be prioritized for both
long-term occupational capacity and short-term crisis response.

Managers should:

C.1 Assess and minimize additional COVID-19-related occupational psychosocial risks for
stress.

C.2 Ensure access to and provision of mental health and psychosocial support services
(MHPSS) for health workers involved in the COVID-19 response, which facilitates suicide
prevention through early identification. Provide basic psychosocial support for first-line
distress care, with at least one trained MHPSS worker for every health facility to manage
priority conditions.

C.3 Promote help-seeking and provide evidence-based resources on basic psychosocial skills
for health workers. Establish approaches to discuss challenges and dilemmas, organize
schedules to include breaks, minimize other work-related stress and activate peer support.

C.4 Train health leads in basic psychosocial skills and regular supportive monitoring of staff
mental wellbeing, including protection from COVID-19-related stress.

C.5 Ensure health workers with mental health conditions originating from COVID-19 have
the same rights to treatment and access to care as the general population.

K. Governance and intersectoral collaboration

The COVID-19 response may require streamlining decision-making processes, exploring new
partnerships to promote public policies, and strengthening intersectoral collaboration to
mobilize the required response.

Policy-makers should:

K.1 Promote uniform adoption of policy decisions and protocols by reinforcing or


establishing intersectoral coordination mechanisms across different sectors (health, education,
finance, public services, labour, defence, foreign affairs, social security, military, media,
telecommunications), levels of government (national, subnational, local) and types of
employers (public, private, not-for-profit).

K.2 Contribute to or lead COVID-19 education and training activities identified as priority by
the health sector (coordination with education sector).

K.3 Identify and allocate resources to fund the required COVID-19 interventions and develop
appropriate mechanisms for their timely distribution and utilization (coordination with
finance sector).

K.4 Ensure the provision of safe water, sanitation and hygiene for IPC at the community and
primary care levels (coordination with water and sanitation sector).

K.5 Use existing or establish new mechanisms for social dialogue between government,
employers’ organizations, and workers’ organizations and their respective representatives to
address labour rights and decent working conditions in a timely manner, including preventing
and quickly defusing possible tensions that may lead to industrial action by health workers.

Considerations for implementing and adjusting public health and social measures in the
context of COVID-19- WHO (June 14, 2021)

Key Messages

• Public health and social measures (PHSM) have proven critical to limiting transmission of
COVID-19 and reducing deaths.

• The decision to introduce, adapt or lift PHSM should be based primarily on a situational
assessment of the intensity of transmission and the capacity of the health system to respond,
but must also be considered in light of the effects these measures may have on the general
welfare of society and individuals.

• Indicators and suggested thresholds are provided to gauge both the intensity of transmission
and the capacity of the health system to respond; taken together, these provide a basis for
guiding the adjustment of PHSM. Measures are indicative and need to be tailored to local
contexts.

• PHSM must be continuously adjusted to the intensity of transmission and capacity of the
health system in a country and at sub-national levels.

• When PHSM are adjusted, communities should be fully consulted and engaged before
changes are made.

• In settings where robust PHSMs are otherwise in place to control the spread of SARS-CoV-
2, allowing the relaxation of some measures for individuals with natural or vaccine-induced
immunity may contribute to limiting the economic and social hardship of control measures.
Applying such individualized public health measures must take into account a number of
ethical and technical considerations.
Transmission scenarios

Knowing the level of transmission is key to assessing the overall COVID-19 situation in a
given area and guiding decisions on response activities and tailoring epidemic control
measures.1 The community transmission (CT) classification is divided into four levels, as
shown below. These definitions are abbreviated; details about the transmission classifications
can be found in the Annex to this guidance.

• No (active) cases
• Imported / Sporadic cases
• Clusters of cases
• CT1: Low incidence of locally acquired widely dispersed cases detected in the past 14 days
• CT2: Moderate incidence of locally acquired widely dispersed cases detected in the past 14
days
• CT3: High incidence of locally acquired widely dispersed cases in the past 14 days
• CT4: Very high incidence of locally acquired widely dispersed cases in the past 14 days.
The transmission level classification for a geographic area may improve or worsen over time,
and different geographic areas within a country will likely experience different levels of
transmission concurrently. In settings with limited surveillance and diagnostic capacities,
additional indicators – such as influenza-like-illness (ILI) / severe acute respiratory infection
(SARI), allcause excess mortality trends and all-cause hospitalization rates – should be
identified to complement information on COVID19 cases and deaths. These indicators are
meant to capture pressure on the health care system and outcomes from undiagnosed
COVID-19 cases and can support assessment of local transmission levels when
triangulated with COVID-19 epidemiological data

THE PUBLIC HEALTH (PREVENTION, CONTROL AND MANAGEMENT OF


EPIDEMICS, BIO-TERRORISM AND DISASTERS) BILL, 2017

To provide for the prevention, control and management of epidemics, public health
consequences of disasters, acts of bio terrorism or threats thereof and for matters connected
therewith or incidental thereto.

2. In this Act, unless the context otherwise requires, -

(m)“epidemic” means the occurrence in a community or region of cases of an illness, specific


health related behavior, or other health related events clearly in excess of normal expectancy;

(n) “epidemic prone disease” means a disease as listed in the First Schedule of this Act as
may be notified by Central government from time to time;

Chapter II

PUBLIC HEALTH MEASURES


3. Power of State Government or Union territories or District/ or Local authority- If any
State Government or administration of Union Territory or any district or local authority is of
the opinion that a public health emergency has arisen or is likely to arise, it may, by order-

a) require or empower any official of the district or local authority as the case may be, to take
such measures and for such duration of time, to prevent, control and manage the public health
emergency, as may be stated in such order;

b) require any person or class of persons to observe such measures, for such duration of time,
as may be stated in such order;

c) prohibit any such activity as stated which is or is likely to be inimical to public health in
any area under its jurisdiction;

d) quarantine or restrict the movement of any person or class of persons or any object or class
of objects suspected to be exposed to any such disease or exposed to any substance as may be
stated in the order;

e) isolate any person or class of persons infected or suffering from any such disease
as may be stated in the order;

f) conduct medical examination including laboratory examination of, and provide treatment,
vaccination or other prophylaxis to any person or class of persons exposed to or suffering
from or suspected to be suffering from any such disease as may be stated in the order;

g) undertake deratting, disinfection, disinsection, decontamination, treatment, destruction or


disposal of baggage, cargo, containers, conveyances, goods, postal parcels, human remains,
animals, birds or biological substances to remove infection or contamination including
vectors and reservoirs of infection;

h) Notwithstanding any other provisions in any other Act or Statute, ban or regulate the
purchase, transport, distribution, sale, supply, storage, as appropriate, of any drug or of any
other material which contains hazardous or toxic substance;

i) provide for the inspection and, if required, detention of any shipment, cargo or objects
being transported, as also of any vehicle , vessel, ship, aircraft, train, or any other form of
transport, leaving, arriving at or passing through any place including any port, airport, bus
station or railway station, ground crossing as the case may be, in any area;

j) order detention of any person traveling or intending to travel or carrying or intending to


carry any animal or plant or bio-hazardous material by any mode of transport as may be
considered necessary;

k) authorize any official or person to enter and inspect, without prior notice, any premises
where public health emergency has either occurred or is likely to occur.

l) direct any clinical establishment to admit, isolate and manage cases arising out of public
health emergencies and to furnish any report or return in such form and in such manner as
may be prescribed and to provide such services as directed
m) disseminate such information as deemed appropriate and take such other appropriate
measures in such circumstances including closure of markets, educational and other
institutions and social distancing.

4. Powers of Central Government- When at any time the Central Government is satisfied
that a public health emergency has arisen or is likely to arise in the country or any part
thereof, it may-

a) give such directions as it may deem necessary to

i) the State Government or administration of Union Territory to implement the provisions


of this Act and the State Government or administration of Union Territory shall comply with
such directions;
ii) the district or local authority to implement the provisions of this Act and the Rule or Order
made thereunder and the district or local authority shall comply with such directions:

Provided that where it appears to the Central Government that it would be expedient and in
public interest so to do, it may assume to itself any of the powers specified under section 3.

b) order such measures as it may consider necessary to be observed by the general public or
by any person or class of persons to prevent, control and manage the public health emergency
or threat thereof;

c) require or empower any person to take such measures as it may deem necessary to prevent,
control and manage the public health emergency or threat thereof.

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