The Right To Health At The Public Private Divide

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The Right to Health at the Public/Private Divide

Author : Colleen M. Flood
Publisher : Cambridge University Press
ISBN 13 : 1139992600
Total Pages : 511 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis The Right to Health at the Public/Private Divide by : Colleen M. Flood

Download or read book The Right to Health at the Public/Private Divide written by Colleen M. Flood and published by Cambridge University Press. This book was released on 2014-04-28 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Right to Health at the Public/Private Divide

Author : Colleen M. Flood
Publisher : Cambridge University Press
ISBN 13 : 1107038308
Total Pages : 511 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Right to Health at the Public/Private Divide by : Colleen M. Flood

Common Values and the Public-Private Divide

Author : Dawn Oliver
Publisher : Cambridge University Press
ISBN 13 : 9780406983039
Total Pages : 356 pages
Book Rating : 4.9/5 (83 download)

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Book Synopsis Common Values and the Public-Private Divide by : Dawn Oliver

Download or read book Common Values and the Public-Private Divide written by Dawn Oliver and published by Cambridge University Press. This book was released on 1999-08 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Health Technology Assessment, Courts and the Right to Healthcare

Author : Daniel Wei Liang Wang
Publisher : Routledge
ISBN 13 : 1351371312
Total Pages : 148 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Health Technology Assessment, Courts and the Right to Healthcare by : Daniel Wei Liang Wang

Download or read book Health Technology Assessment, Courts and the Right to Healthcare written by Daniel Wei Liang Wang and published by Routledge. This book was released on 2021-12-30 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

To Heal Humankind

Author : Adam Gaffney
Publisher : Taylor & Francis
ISBN 13 : 1351656562
Total Pages : 241 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis To Heal Humankind by : Adam Gaffney

Download or read book To Heal Humankind written by Adam Gaffney and published by Taylor & Francis. This book was released on 2017-07-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Insurance and Human Rights

Author : Margarida Lima Rego
Publisher : Springer Nature
ISBN 13 : 3030827046
Total Pages : 264 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Insurance and Human Rights by : Margarida Lima Rego

Download or read book Insurance and Human Rights written by Margarida Lima Rego and published by Springer Nature. This book was released on 2022-02-15 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Jody Heymann
Publisher : University of California Press
ISBN 13 : 0520309634
Total Pages : 416 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis Advancing Equality by : Jody Heymann

Download or read book Advancing Equality written by Jody Heymann and published by University of California Press. This book was released on 2020-01-14 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Foundations of Global Health & Human Rights

Author : Lawrence O. Gostin
Publisher : Oxford University Press
ISBN 13 : 0197528317
Total Pages : 504 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Foundations of Global Health & Human Rights by : Lawrence O. Gostin

Download or read book Foundations of Global Health & Human Rights written by Lawrence O. Gostin and published by Oxford University Press. This book was released on 2020-07-15 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Ethics in Public Health Practice in India

Author : Arima Mishra
Publisher : Springer
ISBN 13 : 9811324506
Total Pages : 198 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis Ethics in Public Health Practice in India by : Arima Mishra

Download or read book Ethics in Public Health Practice in India written by Arima Mishra and published by Springer. This book was released on 2018-10-10 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Oxford Handbook of Constitutional Law in Latin America

Author : Conrado Hübner Mendes
Publisher : Oxford University Press
ISBN 13 : 0198786905
Total Pages : 970 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook of Constitutional Law in Latin America by : Conrado Hübner Mendes

Download or read book The Oxford Handbook of Constitutional Law in Latin America written by Conrado Hübner Mendes and published by Oxford University Press. This book was released on 2022 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Future of Economic and Social Rights

Author : Katharine G. Young
Publisher : Cambridge University Press
ISBN 13 : 1108418139
Total Pages : 711 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Future of Economic and Social Rights by : Katharine G. Young

Download or read book The Future of Economic and Social Rights written by Katharine G. Young and published by Cambridge University Press. This book was released on 2019-04-11 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.

Health Care and the Charter

Author : Christopher P. Manfredi
Publisher : UBC Press
ISBN 13 : 0774835567
Total Pages : 179 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Health Care and the Charter by : Christopher P. Manfredi

Download or read book Health Care and the Charter written by Christopher P. Manfredi and published by UBC Press. This book was released on 2018-01-15 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the introduction of the Canadian Charter of Rights and Freedoms in 1982, individuals and organizations have increasingly turned to the courts to try to bring about policy change in areas such as health care. Health Care and the Charter explores the systematic use of Charter litigation in the area of health care and the ultimate policy impact of the resulting judicial decisions. Christopher P. Manfredi and Antonia Maioni examine three of the most controversial Supreme Court decisions in recent years. Eldridge (1997) and Auton (2004) invited the Court to extend the scope of publicly funded services, while Chaouilli (2005) asked the Court to allow private health services. This book explores the paths that brought litigants to the Court, the arguments and evidence they mustered to support their positions, and the substance of the victory or defeat the Court provided them. The volume then assesses the ultimate impact of these cases in both policy and political terms.

The Political Economy of Universal Healthcare in Africa

Author : Philip C. Aka
Publisher : Taylor & Francis
ISBN 13 : 1000580687
Total Pages : 98 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis The Political Economy of Universal Healthcare in Africa by : Philip C. Aka

Download or read book The Political Economy of Universal Healthcare in Africa written by Philip C. Aka and published by Taylor & Francis. This book was released on 2022-04-27 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global rise in pandemics, most recently COVID-19, and other health challenges, some of which are due to climate change, have imposed significant challenges on the healthcare systems in economies around the world. Thus, this book deals with an issue that is very timely and relevant, not just in Africa but globally. It critically assesses healthcare reforms in Ghana under the Fourth Republic, since 1993. Although it focuses on Ghana’s National Health Insurance Scheme of 2003, the book instructively goes beyond this program. The book argues that, although Ghana is a bellwether of healthcare reforms in Africa, its healthcare initiatives are still far from the service haven of healthcare as a human right. Themes that animate the book’s argument include the need to translate human rights law, such as the right to health, into practical policies that work for ordinary citizens. Key highlights of the book include an increased accent on health as a human right, emphasis on comparative analysis in healthcare studies, and the formulation of a four-hallmark framework, embedded in economics, law, politics, and human rights, to act as a guide for assessment of healthcare reforms in Africa in particular, and Ghana more specifically. Using Ghana as a case study and analytical window into the world, the book offers a valuable and timely resource for academics, students and policymakers across the disciplines of development and healthcare economics, law, public policy, political science, sociology, and African and Caribbean studies, as well as in various fields in health science.

The Pluralist Right to Health Care

Author : Michael DaSilva
Publisher : University of Toronto Press
ISBN 13 : 1487538839
Total Pages : 325 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis The Pluralist Right to Health Care by : Michael DaSilva

Download or read book The Pluralist Right to Health Care written by Michael DaSilva and published by University of Toronto Press. This book was released on 2021-11-01 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health rights are a common but controversial legal phenomenon. Every country is signatory to a treaty that incorporates health rights, yet existing health rights do not fit easily into the traditional "claim right" model, and questions remain over how to theoretically incorporate health rights into domestic systems. The Pluralist Right to Health Care addresses this incongruity between theory and practice with an account of the right to health care that is both philosophically and practically sound. Utilizing a pluralist framework, Michael Da Silva argues that the right to health care is best understood as a set of claims to related ends: the goods necessary for a dignified existence, procedural fairness in determining what other goods to provide and in the provision of goods, and a functioning health care system. Through philosophical reasoning, analysis of relevant international human rights law, and a close study of the Canadian case, The Pluralist Right to Health Care provides crucial insight into the potential of law and policy to improve health care systems in Canada and beyond.

European Standardisation of Services and its Impact on Private Law

Author : Barend Van Leeuwen
Publisher : Bloomsbury Publishing
ISBN 13 : 1509908358
Total Pages : 332 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis European Standardisation of Services and its Impact on Private Law by : Barend Van Leeuwen

Download or read book European Standardisation of Services and its Impact on Private Law written by Barend Van Leeuwen and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the New Approach, the EU has incorporated European standardisation in its regulatory approach to improve the free movement of goods. Such a New Approach does not exist for services. Nevertheless, a significant number of European services standards have been made. This book focuses on European standardisation of services and its impact on private law. Two services sectors are analysed: the healthcare sector and the tourism sector. The core chapters of the book contain a number of case studies based on empirical research in these sectors. The first part discusses how European services standards interact with existing legal regulation at the European and national level. It is shown that, at the European level, there is no clear legal framework in which European services standards are adopted. This has an impact on their application in private law, which is the main theme of the second part of the book. Moreover, there is a real risk that European services standards create obstacles to free movement. This will prevent their successful application in private law.

Challenging the Public/private Divide

Author : Susan B. Boyd
Publisher : University of Toronto Press
ISBN 13 : 9780802076526
Total Pages : 412 pages
Book Rating : 4.0/5 (765 download)

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Book Synopsis Challenging the Public/private Divide by : Susan B. Boyd

Download or read book Challenging the Public/private Divide written by Susan B. Boyd and published by University of Toronto Press. This book was released on 1997-01-01 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

The Oxford Handbook of the Canadian Constitution

Author : Peter Crawford Oliver
Publisher : Oxford University Press
ISBN 13 : 0190664819
Total Pages : 1169 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of the Canadian Constitution by : Peter Crawford Oliver

Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Crawford Oliver and published by Oxford University Press. This book was released on 2017 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.