Legislating and Litigating Health Care Rights Around the World PDF Download

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 103

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Author: John Harrington
Publisher: Routledge
ISBN: 1136963723
Category : Law
Languages : en
Pages : 499

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Book Description
The right to health, having been previously neglected is now being deployed more and more often in litigation, activism and policy-making across the world. International bodies such as the WHO, UNAIDS, World Bank and WTO are increasingly using or being evaluated with reference to health rights, and international NGOs frequently use the language of rights in campaigning and in more concrete litigation. This book brings together an impressive array of internationally renowned scholars in the areas of law, philosophy and health policy to critically interrogate the development of rights based approaches to health. The volume integrates discussion of the right to health at a theoretical level in law and ethics, with the difficult substantive issues where the right is relevant, and with emerging systems of global health governance. The contributions to this volume will add to our theoretical and practical understanding of rights based approaches to health.

Author: Colleen M. Flood
Publisher:
ISBN: 9781306716628
Category : Medical care
Languages : en
Pages :

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"In 2006, a WHO survey found evidence of a substantial increase in patient-led litigation against health authorities and funders over access to medicines around the world. New Zealanders have seldom litigated denials of access to health care. Part of the explanation lies in the fact that New Zealand has a legislated patients' "bill of rights," with enforcement through a complaints mechanism. Although the separate regime does not afford patients substantive legal protection in respect of complaints about lack of access to care, this form of alternative, low-level resolution of health care disputes does condition disgruntled patients not to turn to the courts for legal redress in relation to their rights. But given the increasing need for prioritization arising from serious concern about the sustainability of the public health system, as well as a trend towards greater explicitness when it occurs, increased disappointment on behalf of patients and the public when care is denied or limited seems inevitable. This may well translate into increased patient-led litigation against health boards and funders. Part 1 provides an overview of the New Zealand health system, with a focus on the points at which resource allocation decisions are made, the identity of the decision-maker, and the methods by which priority-setting occurs. Part 1.1 describes inequalities between population groups in New Zealand, both in health outcomes and in access to health care. Part 2 describes the legal framework surrounding the health and disability sector, and discusses the lack of legislated rights to health and the limited right of access to health care in legislation, despite the existence of a legally enforceable Code of Health and Disability Services Consumers' Rights"--

Author: Alicia Ely Yamin
Publisher: Harvard University Press
ISBN: 0986106208
Category : Law
Languages : en
Pages : 446

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The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.

Author: Colleen Marion Flood
Publisher:
ISBN:
Category : Medical laws and legislation
Languages : en
Pages : 155

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Author: Dr Ebenezer Durojaye
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472468678
Category : Social Science
Languages : en
Pages : 305

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With contributions from activists and scholars across Africa, this study focusses on understanding the legal framework in Africa for the recognition of the right to health, the challenges people encounter in such litigation and prospects for litigating future health rights cases. Diverse case studies also demonstrate that even in jurisdictions where the right to health has not been explicitly guaranteed, attempts have been made to litigate on this right. The book also takes a comparative approach to litigating the right to health before regional human rights bodies.

Author: Alina Averchenkova
Publisher: Edward Elgar Publishing
ISBN: 1786435780
Category : Law
Languages : en
Pages : 231

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Book Description
A deepening understanding of the importance of climate change has caused a recent and rapid increase in the number of climate change or climate-related laws. Trends in Climate Change Legislation offers an astute analysis of the political, institutional and economic factors that have motivated this surge, placing it into context.

Author: Colleen M. Flood
Publisher: Cambridge University Press
ISBN: 1107038308
Category : Health & Fitness
Languages : en
Pages : 511

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A comparative study covering all continents, this book explores the role of health rights in advancing greater equality through access to health care.

Author: Jonathan Wolff
Publisher: W. W. Norton & Company
ISBN: 0393083292
Category : Political Science
Languages : en
Pages : 171

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Book Description
“A broad-ranging, insightful analysis of the complex practical and ethical issues involved in global health.”—Kirkus Reviews Few topics in human rights have inspired as much debate as the right to health. Proponents would enshrine it as a fundamental right on a par with freedom of speech and freedom from torture. Detractors suggest that the movement constitutes an impractical over-reach. Jonathan Wolff cuts through the ideological stalemate to explore both views. In an accessible, persuasive voice, he explores the philosophical underpinnings of the idea of a human right, assesses whether health meets those criteria, and identifies the political and cultural realities we face in attempts to improve the health of citizens in wildly different regions. Wolff ultimately finds that there is a path forward for proponents of the right to health, but to succeed they must embrace certain intellectual and practical changes. The Human Right to Health is a powerful and important contribution to the discourse on global health.

Author: World Health Organization
Publisher: World Health Organization
ISBN: 9789241545471
Category : Law
Languages : en
Pages : 104

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Book Description
A drug policy is a crucial ingredient in every country's national health strategy as it provides a strategic framework to identify goals and commitments. This publication discusses the key components of such a policy. Issues covered include: the selection of essential drugs, affordability; finance and supply; regulation and quality assurance; rational use; research; human resources; monitoring and evaluation.