The Right To Health At The Public Private Divide

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The Right to Health at the Public/Private Divide

Colleen M. Flood,Aeyal M. Gross
The Right to Health at the Public Private Divide Book PDF

Author : Colleen M. Flood,Aeyal M. Gross
Publisher : Unknown
Page : 512 pages
File Size : 40,7 Mb
Release : 2014-05-10
Category : LAW
ISBN : 1316004139

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The Right to Health at the Public/Private Divide by Colleen M. Flood,Aeyal M. Gross Pdf

"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"--

The Right to Health at the Public/Private Divide

Colleen M. Flood,Aeyal Gross
The Right to Health at the Public Private Divide Book PDF

Author : Colleen M. Flood,Aeyal Gross
Publisher : Unknown
Page : 128 pages
File Size : 42,7 Mb
Release : 2014-05-30
Category : Medical care
ISBN : 1306716624

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The Right to Health at the Public/Private Divide by Colleen M. Flood,Aeyal Gross Pdf

"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"--

The Right to Health at the Public/Private Divide

Colleen M. Flood,Aeyal Gross
The Right to Health at the Public Private Divide Book PDF

Author : Colleen M. Flood,Aeyal Gross
Publisher : Cambridge University Press
Page : 511 pages
File Size : 53,8 Mb
Release : 2014-04-28
Category : Health & Fitness
ISBN : 9781107038301

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The Right to Health at the Public/Private Divide by Colleen M. Flood,Aeyal Gross Pdf

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

Challenging the Public/private Divide

Susan B. Boyd
Challenging the Public private Divide Book PDF

Author : Susan B. Boyd
Publisher : University of Toronto Press
Page : 412 pages
File Size : 47,5 Mb
Release : 1997-01-01
Category : Social Science
ISBN : 0802076521

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Challenging the Public/private Divide by Susan B. Boyd Pdf

Feminist scholars in disciplines ranging from law to geography challenge our traditional notion of a public/private divide in legal and public policy in Canada and internationally

To Heal Humankind

Adam Gaffney
To Heal Humankind Book PDF

Author : Adam Gaffney
Publisher : Taylor & Francis
Page : 241 pages
File Size : 46,6 Mb
Release : 2017-07-06
Category : Medical
ISBN : 9781351656566

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To Heal Humankind by Adam Gaffney Pdf

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.

Local Maladies, Global Remedies

Lamprea-Montealegre, Everaldo
Local Maladies Global Remedies Book PDF

Author : Lamprea-Montealegre, Everaldo
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 40,5 Mb
Release : 2022-06-16
Category : Law
ISBN : 9781800376540

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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.

The Human Right to Health

Eduardo Arenas Catalán
The Human Right to Health Book PDF

Author : Eduardo Arenas Catalán
Publisher : Edward Elgar Publishing
Page : 219 pages
File Size : 46,5 Mb
Release : 2021-06-25
Category : Law
ISBN : 9781788979658

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The Human Right to Health by Eduardo Arenas Catalán Pdf

This timely book offers a fresh perspective on how to effectively address the issue of unequal access to healthcare. It analyses the human right to health from the underexplored legal principle of solidarity, proposing a non-commercial understanding of the positive obligations inherent in the right to health.

Foundations of Global Health & Human Rights

Lawrence O. Gostin,Benjamin Mason Meier
Foundations of Global Health Human Rights Book PDF

Author : Lawrence O. Gostin,Benjamin Mason Meier
Publisher : Oxford University Press
Page : 504 pages
File Size : 50,6 Mb
Release : 2020-07-15
Category : Law
ISBN : 9780197528327

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Foundations of Global Health & Human Rights by Lawrence O. Gostin,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.

Normalizing an American Right to Health

Christina S. (Professor of Law Ho, Professor of Law Rutgers Law School)
Normalizing an American Right to Health Book PDF

Author : Christina S. (Professor of Law Ho, Professor of Law Rutgers Law School)
Publisher : Oxford University Press
Page : 297 pages
File Size : 50,9 Mb
Release : 2023
Category : Medical care
ISBN : 9780197650592

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Normalizing an American Right to Health by Christina S. (Professor of Law Ho, Professor of Law Rutgers Law School) Pdf

This book argues against the conventional wisdom that a U.S. right to health is out of reach. It shows that the necessary change is not extraordinary but familiar and that the law has already laid considerable groundwork in ordinary statutes and case law. This descriptive foundation, revealed through the application of well-accepted theories of rights, has simply yet to be either acknowledged as, or relied upon, for rights-building. The book then moves from the descriptive task of showing where a right to health already exists in our legal corpus to the prescriptive goal of showing how we could feasibly and meaningfully expand the right through ordinary policies that are widely used in other domains, including impact assessments and state-sponsored reinsurance. By normalizing American health rights discourse and bringing a right to health, including a right to health care, within the domain of ordinary policy debate, this book arms health advocates for the sharp political contests over health that we face today. Amid the prevailing neoliberal, neo-Lochnerian ideologies that have led us to a dead-end, this book proposes a rival ethic that has been developing right under our noses, one focused on embodied justice, where the priority is squarely on the human and our capacity for suffering and flourishing.

Comparative Law and Regulation

Francesca Bignami,David Zaring
Comparative Law and Regulation Book PDF

Author : Francesca Bignami,David Zaring
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 55,5 Mb
Release : 2016-09-30
Category : Law
ISBN : 9781782545613

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Comparative Law and Regulation by Francesca Bignami,David Zaring Pdf

Governance by regulation – rules propounded and enforced by bureaucracies – is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations.

The Public/Private Sector Mix in Healthcare Delivery

Howard Palley
The Public Private Sector Mix in Healthcare Delivery Book PDF

Author : Howard Palley
Publisher : Oxford University Press
Page : 353 pages
File Size : 44,9 Mb
Release : 2022-12-06
Category : Medical
ISBN : 9780197571101

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The Public/Private Sector Mix in Healthcare Delivery by Howard Palley Pdf

"This volume examines the public/private sector mix in a number of national healthcare systems and their interface with the goals of health equity and quality of healthcare. Moreover, there is a consideration of public accountability. The unique significance of this collection of national studies involving the public/private sector mix of healthcare services and/or finances is that it provides insights into the factors that enhance the public/private sector mix in fulfilling the goals of health equity and the quality of healthcare services as well as an understanding of the circumstances in which elements of the public/private sector mix may be harmful for the achievement of such goals in a variety of national settings. The contributions to this volume provide a variety of perspectives in dealing with these objectives"--

Health Technology Assessment, Courts and the Right to Healthcare

Daniel Wei Liang Wang
Health Technology Assessment Courts and the Right to Healthcare Book PDF

Author : Daniel Wei Liang Wang
Publisher : Routledge
Page : 148 pages
File Size : 43,5 Mb
Release : 2021-12-30
Category : Business & Economics
ISBN : 9781351371315

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Health Technology Assessment, Courts and the Right to Healthcare by Daniel Wei Liang Wang Pdf

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.

Communities in Action

National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Board on Population Health and Public Health Practice,Committee on Community-Based Solutions to Promote Health Equity in the United States
Communities in Action Book PDF

Author : National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Board on Population Health and Public Health Practice,Committee on Community-Based Solutions to Promote Health Equity in the United States
Publisher : National Academies Press
Page : 583 pages
File Size : 54,5 Mb
Release : 2017-04-27
Category : Medical
ISBN : 9780309452960

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Communities in Action by National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Board on Population Health and Public Health Practice,Committee on Community-Based Solutions to Promote Health Equity in the United States Pdf

In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.

Insurance and Human Rights

Margarida Lima Rego,Birgit Kuschke
Insurance and Human Rights Book PDF

Author : Margarida Lima Rego,Birgit Kuschke
Publisher : Springer Nature
Page : 264 pages
File Size : 54,6 Mb
Release : 2022-02-15
Category : Law
ISBN : 9783030827045

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Insurance and Human Rights by Margarida Lima Rego,Birgit Kuschke Pdf

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.

Advancing Equality

Jody Heymann,Aleta Sprague,Amy Raub
Advancing Equality Book PDF

Author : Jody Heymann,Aleta Sprague,Amy Raub
Publisher : University of California Press
Page : 416 pages
File Size : 52,7 Mb
Release : 2020-01-14
Category : Political Science
ISBN : 9780520309630

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Advancing Equality by Jody Heymann,Aleta Sprague,Amy Raub Pdf

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.