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The Right To Health At The Public Private Divide


The Right To Health At The Public Private Divide
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The Right To Health At The Public Private Divide


The Right To Health At The Public Private Divide
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Author : Colleen M. Flood
language : en
Publisher: Cambridge University Press
Release Date : 2014-04-28

The Right To Health At The Public Private Divide written by Colleen M. Flood and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-28 with Health & Fitness categories.


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



The Right To Health At The Public Private Divide


The Right To Health At The Public Private Divide
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Author : Colleen M. Flood
language : en
Publisher:
Release Date : 2014-05-10

The Right To Health At The Public Private Divide written by Colleen M. Flood and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-10 with LAW categories.


"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"--



Challenging The Public Private Divide


Challenging The Public Private Divide
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Author : Susan B. Boyd
language : en
Publisher: University of Toronto Press
Release Date : 1997-01-01

Challenging The Public Private Divide written by Susan B. Boyd and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with Social Science categories.


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



Common Values And The Public Private Divide


Common Values And The Public Private Divide
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Author : Dawn Oliver
language : en
Publisher: Cambridge University Press
Release Date : 1999-08-01

Common Values And The Public Private Divide written by Dawn Oliver and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-08-01 with Law categories.


This text is a critical study of the public/private law divide in the common law tradition. Professor Oliver's starting point is that special substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging what are considered 'private' functions. She questions the validity of the traditional dichotomy, and proposes new criteria for imposing such duties in accordance with underlying values, including the control of power and respect for the individual's autonomy and dignity. Written by a leading law academic, this is an important and original contribution to public law literature, providing an informed and considered overview for legal academics and students.



The Right To Health At The Public Private Divide


The Right To Health At The Public Private Divide
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Author : Colleen M. Flood
language : en
Publisher:
Release Date : 2014-05-30

The Right To Health At The Public Private Divide written by Colleen M. Flood and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-30 with Medical care categories.


"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 Pluralist Right To Health Care


The Pluralist Right To Health Care
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Author : Michael Da Silva
language : en
Publisher: University of Toronto Press
Release Date : 2021-12-02

The Pluralist Right To Health Care written by Michael Da Silva and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-02 with Law categories.


Offering a new conception of the right to health care as a complex but morally justifiable and realistically achievable right, this book helps resolve persistent problems with the idea of health rights.



The Human Right To Health


The Human Right To Health
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Author : Eduardo Arenas Catalán
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-06-25

The Human Right To Health written by Eduardo Arenas Catalán and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-25 with Law categories.


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.



The Oxford Handbook Of The Canadian Constitution


The Oxford Handbook Of The Canadian Constitution
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Author : Peter Oliver
language : en
Publisher: Oxford University Press
Release Date : 2017-08-10

The Oxford Handbook Of The Canadian Constitution written by Peter Oliver and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-10 with Law categories.


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.



Health Technology Assessment Courts And The Right To Healthcare


Health Technology Assessment Courts And The Right To Healthcare
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Author : Daniel Wang
language : en
Publisher: Routledge
Release Date : 2021-12-30

Health Technology Assessment Courts And The Right To Healthcare written by Daniel Wang and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-30 with Business & Economics categories.


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.



Normalizing An American Right To Health


Normalizing An American Right To Health
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Author : Christina S. Ho
language : en
Publisher: Oxford University Press
Release Date : 2023

Normalizing An American Right To Health written by Christina S. Ho and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Law categories.


Normalizing an American Right to Health 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. The book 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.