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This book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It asks who benefits both directly and indirectly—and what the overall impacts on health equity are. Included are case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia.
Litigating the Right to Health in Africa by Ebenezer Durojaye Pdf
Health rights litigation is still an emerging phenomenon in Africa, despite the constitutions of many African countries having provisions to advance the right to health. Litigation can provide a powerful tool not only to hold governments accountable for failure to realise the right to health, but also to empower the people to seek redress for the violation of this essential right. With contributions from activists and scholars across Africa, the collection includes a diverse range of case studies throughout the region, demonstrating that even in jurisdictions where the right to health has not been explicitly guaranteed, attempts have been made to litigate on this right. The collection focusses on understanding the legal framework for the recognition of the right to health, the challenges people encounter in litigating health rights issues and prospects of litigating future health rights cases in Africa. The book also takes a comparative approach to litigating the right to health before regional human rights bodies. This book will be valuable reading to scholars, researchers, policymakers, activists and students interested in the right to health.
Litigating the Right to Health in Africa by Ebenezer Durojaye Pdf
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.
Litigating the Right to Health by Andrew Rosser Pdf
Recent increases in health rights litigation in low- and middle-income countries triggered debates regarding the effects of such litigation on the equity and effectiveness of health systems. This study examines Indonesia's experience with health rights litigation and efforts promoting health rights in developing countries in general.
Greg Luce,Kirk S Davis,Kevin E Raphael,George B Breen,Stephen R Price
Author : Greg Luce,Kirk S Davis,Kevin E Raphael,George B Breen,Stephen R Price Publisher : Aspatore Books Page : 0 pages File Size : 53,7 Mb Release : 2011 Category : Medical care ISBN : 0314278826
Health Care Litigation Strategies by Greg Luce,Kirk S Davis,Kevin E Raphael,George B Breen,Stephen R Price Pdf
Health Care Litigation Strategies provides an authoritative, insiders perspective on best practices for litigating health care disputes. Featuring partners from some of the nations leading law firms, this book guides the reader through the latest updates in health care law and analyzes how the governments strict enforcement policies are impacting clients, lawyers, and the health care industry as a whole. These top lawyers examine the various civil, administrative, and criminal issues at both the state and federal level that can arise in health care litigation and provide strategies for how to approach them. From controlling costs and developing a solid attorney-client relationship to communicating with government officials and working with experts, these authors discuss how to align a clients goals with the existing regulatory framework and business objectives. Additionally, these leaders divulge tips for facilitating successful negotiations, while still challenging administrative agency actions and considering the clients best interests. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this contentious field.
Local Maladies, Global Remedies by Lamprea-Montealegre, Everaldo Pdf
This forward-looking book provides an in-depth analysis of the major transformations of the right to health in Latin America over the past decades, marked by the turn towards the pharmaceuticalisation of health care. Everaldo Lamprea-Montealegre investigates how health-based litigation has deepened inequalities in the global South, exploring the practices of key actors that are reclaiming the right to health in the region.
In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.
International Law and Domestic Human Rights Litigation in Africa by Magnus Killander Pdf
"African civil law countries are traditionally described as monist and common law countries as dualist. This book illustrates that the monism-dualism dichotomy is too simplistic, in particular in the field of human rights. Academics and practitioners from across the continent illustrate how domestic courts in Africa have engaged with international human rights law to interpret or fill gaps in national bills of rights. The authors also consider the challenges encountered in increasing the use of international human rights law by African domestic courts."--Back cover.
Lawrence O. Gostin,University Professor Founding Linda D & Timothy J Oneill Professor of Global Health Law Lawrence O Gostin,Associate Professor of Global Health Policy Zachary Taylor Smith Distinguished Professor of Public Policy Benjamin Mason Meier,Benjamin Mason Meier
Author : Lawrence O. Gostin,University Professor Founding Linda D & Timothy J Oneill Professor of Global Health Law Lawrence O Gostin,Associate Professor of Global Health Policy Zachary Taylor Smith Distinguished Professor of Public Policy Benjamin Mason Meier,Benjamin Mason Meier Publisher : Oxford University Press, USA Page : 489 pages File Size : 55,5 Mb Release : 2020-07-23 Category : Law ISBN : 9780197528297
Foundations of Global Health and Human Rights by Lawrence O. Gostin,University Professor Founding Linda D & Timothy J Oneill Professor of Global Health Law Lawrence O Gostin,Associate Professor of Global Health Policy Zachary Taylor Smith Distinguished Professor of Public Policy Benjamin Mason Meier,Benjamin Mason Meier Pdf
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 : Daniel P. Kessler Publisher : University of Chicago Press Page : 344 pages File Size : 49,9 Mb Release : 2011-02 Category : Business & Economics ISBN : 9780226432182
Regulation Versus Litigation by Daniel P. Kessler Pdf
The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.
Advancing Sexual and Reproductive Health and Rights in Africa by Ebenezer Durojaye,Gladys Mirugi-Mukundi,Charles Ngwena Pdf
This book explores recent developments, constraints and opportunities relating to the advancement of sexual and reproductive health and rights in Africa. Despite many positive developments in relation to sexual and reproductive health in recent years, many Africans still encounter challenges, for instance in poor maternity services, living with HIV, and discrimination on the basis of age, gender, sexual orientation or identity. Covering topics such as abortion, gender identity, adolescent sexuality and homosexuality, the chapters in this book discuss the impact of culture, morality and social beliefs on the enjoyment of sexual and reproductive health and rights across the continent, particularly in relation to vulnerable and marginalized groups. The book also explores the role of litigation, national human rights institutions and regional human rights bodies in advancing the realization of sexual and reproductive health and rights in the region. Throughout, the contributions highlight the relevance of a rights-based framework in addressing topical and contentious issues on sexual and reproductive health and rights within Sub-Saharan Africa. This book will be of interest to researchers of sexuality, civil rights and health in Africa. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003175049, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Legal Strategies in Childhood Obesity Prevention by Institute of Medicine,Food and Nutrition Board,Standing Committee on Childhood Obesity Prevention Pdf
Since 1980, childhood obesity rates have more than tripled in the United States. Recent data show that almost one-third of children over 2 years of age are already overweight or obese. While the prevalence of childhood obesity appears to have plateaued in recent years, the magnitude of the problem remains unsustainably high and represents an enormous public health concern. All options for addressing the childhood obesity epidemic must therefore be explored. In the United States, legal approaches have successfully reduced other threats to public health, such as the lack of passive restraints in automobiles and the use of tobacco. The question then arises of whether laws, regulations, and litigation can likewise be used to change practices and policies that contribute to obesity. On October 21, 2010, the Institute of Medicine (IOM) held a workshop to bring together stakeholders to discuss the current and future legal strategies aimed at combating childhood obesity. Legal Strategies in Childhood Obesity Prevention summarizes the proceedings of that workshop. The report examines the challenges involved in implementing public health initiatives by using legal strategies to elicit change. It also discusses circumstances in which legal strategies are needed and effective. This workshop was created only to explore the boundaries of potential legal approaches to address childhood obesity, and therefore, does not contain recommendations for the use of such approaches.