Concept, Definition of Public

Health laws; Sources of Public

Health Laws

Presented By:
Mayank Mittal
Group no.:-213

29 September 2019
 Outlines of presentation
• Introduction
• Definition
• Objectives of PH laws
• Characteristics of PH laws
• Area of PH laws
• Importance of PH laws
• Sources of PH laws

29 September 2019
 Public health Law
INTRODUCTION
• Public health law is a field that focuses legal practice,
scholarship and advocacy on issues involving the
government’s legal authorities and duties “to ensure the
conditions for people to be healthy,”

• And how to balance these authorities and duties with

“individual rights to autonomy, privacy, liberty, property
and other legally protected interests.”
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 Contd..
• For improvement and protection of public health, an
adequate health system is required, but with any system,
public health laws are absolutely essential for proper and
effective regulation of health system.

• The scope of public health is not limited to one area, but

it is very extensive. Hence public health laws are also
wide based. In every aspects of community health, public
health laws are important

29 September 2019
 Definition

• According to Laurence Gostin, “Public health law is the

study of the legal powers and duties of the state, in
collaboration with its partners to assure the conditions for
people to be healthy and the limitations on the power of
the state to constrain the autonomy, privacy, liberty,
proprietary, or other legally protected interests of
individuals for the common good.”

• Public health laws refers to a statute or rule or local

ordinance that has the purpose of promoting or protecting
the public health.
29 September 2019
 Objectives of PH laws
• To protect and promote public health
• Control the risk to public health
• Promote the control of infectious diseases
• Prevent the spread of infectious disease
• Recognize the role of local governments in protecting
public health

29 September 2019
 Characteristics of PH laws
• Government- Public health activities are the
primary responsibility of government
• Population- Public health focuses on the health of population
• Relationship- Public health contemplates the
relationship between the states and the populations.
• Services- Public health deals with the provision of
public health services.
• Coercion- Public health posses the power to coerce
the individuals for protection of the community

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 Areas of PH laws
• Change behavior
i. Modifying high risk behaviors
ii. Requiring behaviors
iii. Prohibiting behaviors
• Regulate product or services
i. Licensing
ii. Manufacturing
iii. Distribution and advertising
• Protect vulnerable population or places
i. Access to services including healthcare
ii. Clean and safe environment
iii. Human right protection

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 Importance of PH laws

• Proper regulation and management of health services

• Strengthening the nation’s health infrastructure
• Following the international health laws
• Identification of government’s limitation on the area
of health
• Making necessary financial provision for health
• Proper utilization of national resources

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 Contd…

• Protecting the environmental health

• Protecting citizen from drug addiction, alcoholism etc
• Protection of consumers health services
• Protection from environmental pollution and other health
risks
• Following the codes of ethics in health and
medical services, education, training and research

29 September 2019
 Sources of Public health laws
Legal authority relevant to population health comes from five
basic legal sources and from every level of government.
1. Constitutions
All government action to advance public health must be consistent
with constitutional authority and constitutional protections of
individual rights.

2. International agreements
The President may bind the international treaties and executive
agreements that require creation of domestic laws, or that create law
that is on par with federal statutes.

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 Contd…
3. Legislation
• The legislative branch creates policies and distributes public
funds by enacting statutes, which are commonly called
ordinances at the local level.

4. Regulations
• The executive branch may issue rules and regulations based on
authority delegated by the legislature through statutes.
• Local boards of health are administrative bodies whose members
are appointed or elected to lead, guide and oversee the delivery of
public health services and activities in their local communities.

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 Contd…
5. Case law
The judicial branch, through courts, resolves disputes and
interprets laws, including balancing community needs with
constitutionally- protected rights of individuals

29 September 2019