The Right to Health at the Public/Private Divide PDF Download

Author: Colleen M. Flood
Publisher: Cambridge University Press
ISBN: 1139992600
Category : Law
Languages : en
Pages : 511

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Book Description
Through a comparative global study of countries from all continents representing a diversity of health, legal, political, and economic systems, this book explores the role of health rights in advancing greater equality through access to health care. Does health care promote equality, or does it in fact advance the opposite result? Does inserting the idea of 'the right to health' into health systems allow the reinsertion of public values into systems that are undergoing privatization? Or does it allow for private claims to be re-articulated as 'rights', in a way that actually reinforces inequality? This volume includes studies from countries such as the United States, United Kingdom, Brazil, Canada, The Netherlands, China, and Nigeria, among many others, and authors with expertise in the legal and health systems of their countries, making this a seminal study that allows readers to see the differing role of rights in various health systems.

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

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

Author: Daniel Wei Liang Wang
Publisher: Routledge
ISBN: 1351371312
Category : Business & Economics
Languages : en
Pages : 148

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Book Description
Both developing and developed countries face an increasing mismatch between what patients expect to receive from healthcare and what the public healthcare systems can afford to provide. Where there has been a growing recognition of the entitlement to receive healthcare, the frustrated expectations with regards to the level of provision has led to lawsuits challenging the denial of funding for health treatments by public health systems. This book analyses the impact of courts and litigation on the way health systems set priorities and make rationing decisions. In particular, it focuses on how the judicial protection of the right to healthcare can impact the institutionalization, functioning and centrality of Health Technology Assessment (HTA) for decisions about the funding of treatment. Based on the case study of three jurisdictions – Brazil, Colombia, and England – it shows that courts can be a key driver for the institutionalization of HTA. These case studies show the paradoxes of judicial control, which can promote accountability and impair it, demand administrative competence and undermine bureaucratic capacities. The case studies offer a nuanced and evidence-informed understanding of these paradoxes in the context of health care by showing how the judicial control of priority-setting decisions in health care can be used to require and control an explicit scheme for health technology assessment, but can also limit and circumvent it. It will be essential for those researching Medical Law and Healthcare Policy, Human Rights Law, and Social Rights.

Author: Adam Gaffney
Publisher: Taylor & Francis
ISBN: 1351656562
Category : Medical
Languages : en
Pages : 241

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Book Description
The Right to Health in the "International Bill of Rights" -- Latin America and the Right to Healthcare -- Alma-Ata and the Advent of "Primary Care" in the Cold War -- Return to the US: From Medicare to Universal Healthcare? -- Return to Latin America: Alma-Ata in Nicaragua -- 7 The Right to Health in the Age of Neoliberalism -- Exit Alma-Ata, Enter the World Bank -- Healthcare and Neoliberalism: A Return to Chile, Nicaragua, China, Russia, and Cuba -- HIV/AIDS and the Human Right to Health Movement -- The Right to Health in Law: International and Domestic -- Medicines and the Rights-Commodity Dialectic: The Case of South Africa -- Rights, Litigation, and Privatization: Brazil, Colombia, India, and Canada -- The Healthcare Rights-Commodity Dialectic in a Time of Austerity and Reaction -- Conclusion -- Index.

Author: Margarida Lima Rego
Publisher: Springer Nature
ISBN: 3030827046
Category : Law
Languages : en
Pages : 264

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Book Description
This volume examines the impact of and interplay between human rights and insurance. National, supranational and international legal instruments regulating the taking-up and pursuit of the business of insurance and reinsurance, (re)insurance distribution and the insurance contract often refer to or impact on human or fundamental rights. Courts are often faced with the sometimes seemingly impossible task of reconciling insurance core principles, practices and mind-sets with the principles and values stemming from human rights protection. In some cases, such as that of discrimination in insurance, this discussion has been going on for decades. Some deal with hot topics which have more recently emerged in light of developments stemming from technologic innovations (‘InsurTech’). The first part of the book focuses on insurance and the right to equal treatment. Discrimination on the basis of factors such as gender or age is tackled, from the perspectives of the European Union, Canada and South Africa. The second part of the book highlights the very relevant role played by insurance in the upholding of the right to health, covering the United States of America, Africa and Brazil. The third part of the book explores InsurTech's manifold challenges upon the right to privacy, focusing on European Union. The fourth part tackles the threat posed by insurance on the right to life in general, but with a particular focus on the United Kingdom. Written by legal scholars and practitioners, the book offers international, comparative and regional or national perspectives, aiming to contribute to a more thorough and systematic understanding of the interactions between these two very different fields of law, providing the industry as well as the scientific community with insights from both sides of this seemingly difficult to transpose divide.

Author: Dawn Oliver
Publisher: Cambridge University Press
ISBN: 9780406983039
Category : Business & Economics
Languages : en
Pages : 356

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Book Description
This text is a study of the public/private law divide in the common law tradition. Its starting point is that substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging 'private' functions.

Author: Jody Heymann
Publisher: University of California Press
ISBN: 0520309634
Category : Political Science
Languages : en
Pages : 416

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Book Description
In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all.

Author: Lawrence O. Gostin
Publisher: Oxford University Press
ISBN: 0197528317
Category : Law
Languages : en
Pages : 504

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Book Description
Human rights are essential to global health, yet rising threats in an increasingly divided world are challenging the progressive evolution of health-related human rights. It is necessary to empower a new generation of scholars, advocates, and practitioners to sustain the global commitment to universal rights in public health. Looking to the next generation to face the struggles ahead, this book provides a detailed understanding of the evolving relationship between global health and human rights, laying a human rights foundation for the advancement of transformative health policies, programs, and practices. International human rights law has been repeatedly shown to advance health and wellbeing - empowering communities and fostering accountability for realizing the highest attainable standard of health. This book provides a compelling examination of international human rights as essential for advancing public health. It demonstrates how human rights strengthens human autonomy and dignity, while placing clear responsibilities on government to safeguard the public's health and safety. Bringing together leading academics in the field of health and human rights, this volume: (1) explains the norms and principles that define the field, (2) examines the methods and tools for implementing human rights to promote health, (3) applies essential human rights to leading public health threats, and (4) analyzes rising human rights challenges in a rapidly globalizing world. This foundational text shows why interdisciplinary scholarship and action are essential for health-related human rights, placing human rights at the center of public health and securing a future of global health with justice.

Author: Arima Mishra
Publisher: Springer
ISBN: 9811324506
Category : Philosophy
Languages : en
Pages : 198

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Book Description
This edited volume draws on ten original contributions that locate ethics at the centre-stage of public health practice. The essays explicate ethical issues, challenges, deliberations and resolutions covering a broad canvas of public health practice including policies, programmes, research, training and advocacy. The contributors are academics and practitioners in varying roles and long-standing engagement with public health in diverse settings within India. Their expertise in disciplines range from anthropology, sociology, health communications, gender studies, economics, epidemiology, social work and medicine. Their chapters deal with dimensions of ethical dilemmas that can rarely be defined and contained within ethical guidelines and protocols alone. Instead, they throw light on the associated factors, value systems and contexts in which such complexities occur and require response or redressal. This volume aims to articulate the growing awareness among practitioners that public health ethics is not merely an advanced grouping of possible problems and solutions. It hopes to facilitate robust platforms for dialogue and debate on the subject through the lenses of these contributions. The book is conceptualized to reach broader audiences such as public health practitioners and researchers in several roles within Government health systems, NGOs/Grass root organizations/CSR initiatives/advocacy groups; as well as researchers in academic settings and facilitators involved in teaching ethics and imparting training for students and young practitioners of public health.

Author: Conrado Hübner Mendes
Publisher: Oxford University Press
ISBN: 0198786905
Category : Law
Languages : en
Pages : 970

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Book Description
Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities that transcend the mere geographical contiguity of these countries. This Handbook depicts the constitutional landscape of Latin America by shedding light on its most important differences and affinities, qualities and drawbacks, and by assessing its overall standing in the global enterprise of democratic constitutionalism. It engages with substantive and methodological conundrums of comparative constitutional law in the region, drawing meaningful comparisons between constitutional traditions. The volume is divided into two main parts. Part I focuses on exploring the constitutions for seventeen jurisdictions, offering a comprehensive country-by-country critique of the historical foundations, institutional architecture, and rights-based substantive identity of each constitution. Part II presents comparative analyses on the most controversial constitutional topics of the region, exploring central concepts in institutions and rights. The Oxford Handbook of Constitutional Law in Latin America is an essential resource for scholars and students of comparative constitutional law, and Latin American politics and history Written by leading experts, it comprehensively examines constitutions, controversies, institutions, and constitutional rights in Latin America.