Introduction
Having a good health is a dream of every person and many governments all over the world are developing policies targeted at ensuring that its population enjoys good health; when a country has healthy individuals then its production rises. To maintain good health, there is need for both government and individual intervention. Everybody is responsible for his/her own health, but beyond what he or she cannot provide, the government intervenes.
Managing an individual’s and a country’s health is thus a deliberate action taken by all the parties involved. In simple terms, good health can be defined as a proper functioning of all the body parts leading to the general good of the entire body; when one is healthy, he is free from diseases. Health takes the form of psychological health, physical health, and mental health.
Maintaining good health is one of the sole objectives of good governance; when a country is healthy, its productivity is more likely to be high than a nation with sick people. A health care policy is a system put in place for the purpose of meeting the health care problems of a specific population group.
The term “health care” has replaced the term “medicine” that has been in use for quite some time. Health care policies are used for the protection of the society. A healthy population is the greatest asset that a country has. Health care policies should be established in such a way that they are affordable and accessible to the entire population. They should be available as either private insurance policies or government sponsored programs that aim at providing this service to the greatest number of people.
Legalization of Abortion
Abortion is the elimination of a pregnancy before it is ready. It is the removal of a fetus or embryo from the uterus thus causing its death. Abortion can either be induced or can occur because of pregnancy complications in other words referred to as spontaneous abortion. It can be induced if the health of the pregnant female is at risk or due to other reasons. Miscarriage is spontaneous abortion. In most cases, abortion is used to refer to induced abortion and not miscarriage.
It has been practiced for a very long period and various methods used. Some of the ancient methods include use of sharp objects and other traditional methods that were practiced by medicine men, which posed threat to the health of the woman. Today, health care policies have been established to replace the traditional method; most practitioners use medicine and surgical procedures (Naden, 2007).
Some nations have gone to the extent of legalizing abortion, allowing its citizen to perform it freely. However, most nations believe that it is an illegal procedure, unethical, and unreligious. Most Christian and Muslim nations believe that everyone has the right to live and should not be denied this right. They argue that abortion amounts to murder (Lee, 2003). With the increase in the availability of family planning awareness and use of contraceptives, abortion rates have gone down worldwide.
However, in the United States, abortion is one of the commonly practiced medical procedures that is performed daily. Over forty percent of all pregnant women end their pregnancy through abortion. This is most common among young Americans, the poor, unmarried, and women more than 40 years. It was legalized in 1973 and since then abortion rates have increased.
According to Dailard (1999), abortion conducted under legal circumstances is usually safe and is performed by a qualified medical provider. It is performed at the early stages of the pregnancy when there are few chances of developing complications. It involves the use of surgical procedures in a clean environment.
On the other hand, illegal abortions are usually performed in unsafe environments and one can easily develop complications. When the policy makers in the US legalized abortion, they did so to reduce the mortality rate that was being caused by abortion. Death rates as a result of abortion are higher in developing countries where abortion is illegal than in the countries that have legalized it.
Today, policy makers in the United States are having controversial issues in dealing with abortion. Most individuals have different perceptions regarding abortion which is determined by their morality, religion, human rights, and the woman’s position in society. This is not a problem that is being experienced in the US only; but it has become a contentious problem in many nations. Policy makers are confronted with issues related to reduction of abortion rates. In most nations abortion has been legalized whereas others are yet to realize the importance of legalizing it.
The advantages accrued from legalized abortion are more than the disadvantages. For instance, when abortion was legalized in the United States, the mortality rate of pregnant women went down and the aborting mothers were assured of sound health even after aborting. It also leads to a decrease in the number of unplanned babies and families only get the number of babies they are willing and able to care for.
Obesity bill 2010
Poor nutrition leads to obesity which in turn causes illness or even death. According to American Medical Association (AMA), the increase in health related diseases and illnesses have been caused by the increase in obesity and overweight rates. Some of these diseases include: diabetes, cancer, insomnia, heart diseases, and cardiovascular disease.
Research has found that, about 20% of adults suffer from obesity having a BMI of 30 or more. More than 30% are overweight with a BMI of 25 to 29.9. There is therefore a strong call for government involvement to perk up diet and health in order to curb the illnesses associated with poor nutrition (Sturm, 2005).
Today eating habits have changed; the kind of food that people are taking is leading to obesity. It is feared that the number of years that the young generation is likely to live will be go down if they do not change their eating habits. Health is of great importance to the duration of time that someone lives in this world.
Realizing this, September was regarded as the world children’s obesity month. The month is set aside and supported by world food program such as, World Health Organization (WHO), to teach people on good eating habits. This program was launched because business people have taken the advantage of an increased population and at almost every corner in a street there is a fast food restaurant that has a list of choices that one need to make. In the menu, the greatest number of foods is not healthy to young children.
There is a health policy bill on child obesity which is expected to take effect once it is legalized. The bill is called “Obesity bill 2010”. The bill will be passed by congress parliament in United States of America. Current president of United States of America President Barrack Obama will sign the bill into law (Anon. “Ohio Legislators pass Questionable” 2010).
The themes of the legislation will be:
- Sensitizing parents on good feeding process to their children; this will be offended in pregnancy clinic where feeding mechanisms of a child before birth and after both will be advocated.
- Creating awareness on the dangers brought about by being obese, to both children and adults.
- Develop guiding brochures to be given alongside birth notification certificate to new born. The brochures will advise the parent on right feeding process that he should adopt.
- Incorporate obesity cases in health insurance policies.
To attain the above objectives, there is need for corporation among all stake holders involved. Parents should be given the mandate of ensuring that their children are fed in the right way, they should ensure that children eat the right food at all times.
In line with the proposed policy, WHO has introduced a wide range of programs and interventions that promotes the intake of fruits and vegetables in adults and children. Out of all the studies that have been done, none has demonstrated a disadvantageous effect of the intrusions on the consumption of fruits and vegetables.
However, the projects to promote fruit and vegetable intake should be based on scientific evidence for them to be successful. They should be evaluated to ascertain what works best and what does not work. This helps in reducing the amount of money used that would other wise be wasted in doing things that do not work. Messages that are specific of country and culture have to be integrated into guidelines together with other diet messages.
Criminal Law on HIV transmission
The number of criminal cases of HIV patients involving themselves in acts that transmit HIV has increased. This forced the United Nations Program on HIV/AIDS (UNAIDS) to enact a criminal law on HIV transmission (Elliott, 2002).
Some of these cases carry harsh penalties because they are aimed at reducing the spread of HIV virus. Some jurisdictions have moved to enact or amend legislation explicitly to address such conduct. This has not only received public attention but also has been a significant issue in academic commentary.
A number of issues have to be taken into consideration when addressing the criminal law policy regarding HIV/AIDS. The first consideration is the functions of the criminal law, and the extent to which this policy will help in reducing or preventing HIV transmission. Before implementing the policy, governments must consider other public policy factors that might hinder the use of criminal sanctions. The criminal law policy on HIV has four main functions.
First, it is implemented for the purpose of weakening the offenders from harming other people while servicing their imprisonment. The second function is rehabilitation of the offender before he is taken back to the society. The third is to punish the offender for the wrong done as a way of warning him against a repeat of the same wrong. The last but not the least function of this criminal law is to discourage the individual wrongdoer and others from engaging in the forbidden conduct in the future.
Before applying the criminal law, policy makers, at least should be able to answer some of the critical questions which help in determining the parameters of criminalization. For instance, should the HIV criminal law replace other general offences, which acts attract a criminal prohibition? And, what degree of mental uprightness is required before judgment is passed?
Enacting HIV criminal laws removes the ambiguities that courts have to deal with in deciding which offences apply to HIV transmission, and they also reduce the chances of inappropriate application of law related to HIV transmission by courts.
In circumstances where criminalization is considered to be an alternative, in defining the behavior that might be illegally forbidden, it is logical to aim at the conduct that creates a danger of transmission, to a certain extent than just in cases where transmission actually occurs. The criminal law also outlines the degree of risk of HIV transmission that should be criminalized; only conducts that are assumed to carry a significant risk of HIV transmission may legally be criminalized (Elliott, 2002).
To determine what to regard as significant risk, sound data regarding the risk levels of various activities should be sought. These should then be ranked from the highest to the lowest and the acts that are assumed to carry the highest risk should be criminalized while those with negligible risks should be ignored. Some of the conducts that can be considered to carry high risks of the transmission of HIV are rape, or stabbing with a needle or a sharp object; these are coercive acts.
Other acts include sharing injection equipment or consensual sex. However, many questions arises as to whether activities where the participants consents ostensibly should be treated as the same as the coercive activities (Elliott, 2002). Since bodily assault act is criminal in itself, not considering whether it bears any risk of HIV infection, the HIV status of the criminal is extraneous in determining whether or not a crime has been committed.
If the lawbreaker’s HIV-positive status is to be taken as an infuriating factor because there was an added risk of harm, then this ought to be based on concrete proof that such an additional momentous risk subsisted. More serious charges and harsher penalties cannot be based exclusively on the fact that an accused is HIV- positive. In the lack of any such proof, this would amount to unwarrantable discrimination.
Conclusion
A health care policy is enacted by the government for the purpose of maintaining a healthy nation. This is because, once individuals are healthy, they are able to increase their performance thereby increasing the overall level of production.
Most of these health care policies are implemented for the purpose of protecting citizen from being affected by their own actions or that of others. One example of a health policy (as discussed above) is legalization of abortion. This policy was first passed in the United States in 1973 in order to ensure that abortions were performed by qualified medical practitioners.
Before the bill was enacted, the mortality rate resulting from abortion was alarming and the government had to look for ways of curbing this rate. It was successful because, the mortality rate dropped gradually. Other nations followed suit although there are others that still hold that abortion is illegal and should never be legalized. But the truth of the matter is, whether abortion is legalized or not, people will still go for it.
The disadvantage of illegalizing it is that, people will perform it in hiding where there are high risks of developing complications. It is also performed by unqualified practitioners and can result in death of the pregnant woman. This reduces the overall economic performance of the nation and therefore I would advocate for all nations to adopt the policy because, it will not only guarantee them of a healthy nation, but also one that is productive.
The other policy covered in this paper is the obesity bill 2010. This bill is in the process of becoming law in the United States. The main objective behind this health care policy is to ensure that children live and eat healthily. It is the responsibility of both the parent and the community to ensure that, children are protected from unhealthy eating so that they are able to fight diseases. Apparently, the rate of obese to healthy children is rising at an alarming rate and this calls for government intervention.
The government of the United States is working in collaboration with WHO to ensure that healthy eating is promoted in all homesteads. From research, WHO has realized that daily intake of fruits and vegetables does not only give us a perfect skin but also helps in fighting illnesses. Research has also shown that, fruit and vegetable intake can help to cure not only obesity, but also other diseases related to obesity such as heart disease and other chronic diseases.
Criminal law on the transmission of HIV is a new policy that has received world wide acceptance in major nations. It has been observed that, some patients acquire the HIV virus not only through their careless behavior; but because of other people’s actions.
Many cases have been testified in which people living with HIV have been criminally charged for a diversity of acts that transmit the HIV virus or even risk its transmission. In some of these cases, accuses have been laid for conduct that is simply alleged as risking transmission, and which in most cases attracts very cruel penalties.
These conducts include stubbing with a needle or sharp object or rape. However, if a physical assault act is criminal in itself, not considering whether it bears any risk of HIV infection, the HIV status of the criminal is irrelevant in determining whether or not a crime has been committed. If the offence is to be considered as containing additional risks of harm on the victim, it has to be proved with solid evidence.
Out of all the three health policies discussed above, I would prefer the obesity bill 2010 because its benefit the entire public. Healthy eating is the answer to all health related illness such as heart disease, typhoid, among other. Healthy eating is a preventative approach which, if adopted, can help in reducing illnesses and increasing wellness.
It also helps one to participate more in social interaction and relationships because of the reduced rate of illness. The benefits achieved from healthy eating enable one to spread awareness to other members of the community thus encouraging socialization. The other two policies are also significant because they protect individuals from being victims of other people’s action.
Reference List
Anon. (2010). Ohio Legislators pass Questionable Obesity Bill. Web.
Dailard, C. (1999). Abortion in Context: United States and Worldwide. Web.
Elliott, R. (2002). Criminal law, Public Health and HIV Transmission. Geneva, Switzerland. Web.
Naden, C. (2007). Abortion: Open for Debate – Group 4. New York: Marshall Cavendish.
Sturm, R. (2005). Childhood obesity- what we can learn from existing data on societal trends, part 1. Public health research, practice, and policy. Web.