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Author: Maite San Giorgi
Publisher:
ISBN: 9781780680811
Category : Health services accessibility
Languages : en
Pages : 0
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Book Description
The right to equal access to health care is a fundamental principle that is part of human rights. For victims of a violation of the right to equal access to health care, it is important that a judicial or quasi-judicial human rights body can adjudicate their complaints in this regard. Justiciability contributes to the protection and realization of the right to equal access to health care and further determines the meaning of this right. The justiciability of the human right to equal access to health care is complex. It is one of the economic, social, and cultural rights, and ever since the emergence of these rights, their justiciability has been a contentious issue. Moreover, in practice, it is much more difficult for an alleged violation of an economic, social, or cultural right to be subject of review by a court of law or a quasi-judicial procedure than it is for a civil or political right. Nevertheless, over the last two decades, several developments have strengthened the justiciability of rights. This book analyzes the justiciability of the human right to equal access to health care. It examines how cases concerning unequal access to health care would be dealt with by judicial and quasi-judicial human rights bodies and distills the elements that can be expected to play a role in the assessment of such cases. First, the book provides for an extensive analysis of the legal framework of the right to equal access to health care, its entitlements, and the corresponding State obligations. Subsequently, it addresses what arguments are brought forward and how such rights are adjudicated in practice by the various judicial and quasi-judicial human rights bodies. Furthermore, the case law of three human rights bodies - the European Committee of Social Rights, the European Court of Human Rights, and the Human Rights Committee - is examined in detail in order to analyze how these bodies assess cases concerning discrimination and how elements of economic, social, and cultural rights are taken into account under the various equality and non-discrimination provisions. Finally, the different criteria and elements that can be expected to play a role in the justiciability of cases are presented. (Series: School of Human Rights Research - Vol. 53)
Author: Maite San Giorgi
Publisher:
ISBN: 9781780680811
Category : Health services accessibility
Languages : en
Pages : 0
Get Book Here
Book Description
The right to equal access to health care is a fundamental principle that is part of human rights. For victims of a violation of the right to equal access to health care, it is important that a judicial or quasi-judicial human rights body can adjudicate their complaints in this regard. Justiciability contributes to the protection and realization of the right to equal access to health care and further determines the meaning of this right. The justiciability of the human right to equal access to health care is complex. It is one of the economic, social, and cultural rights, and ever since the emergence of these rights, their justiciability has been a contentious issue. Moreover, in practice, it is much more difficult for an alleged violation of an economic, social, or cultural right to be subject of review by a court of law or a quasi-judicial procedure than it is for a civil or political right. Nevertheless, over the last two decades, several developments have strengthened the justiciability of rights. This book analyzes the justiciability of the human right to equal access to health care. It examines how cases concerning unequal access to health care would be dealt with by judicial and quasi-judicial human rights bodies and distills the elements that can be expected to play a role in the assessment of such cases. First, the book provides for an extensive analysis of the legal framework of the right to equal access to health care, its entitlements, and the corresponding State obligations. Subsequently, it addresses what arguments are brought forward and how such rights are adjudicated in practice by the various judicial and quasi-judicial human rights bodies. Furthermore, the case law of three human rights bodies - the European Committee of Social Rights, the European Court of Human Rights, and the Human Rights Committee - is examined in detail in order to analyze how these bodies assess cases concerning discrimination and how elements of economic, social, and cultural rights are taken into account under the various equality and non-discrimination provisions. Finally, the different criteria and elements that can be expected to play a role in the justiciability of cases are presented. (Series: School of Human Rights Research - Vol. 53)
Author: Jozef H.H.M. Dorscheidt
Publisher: BRILL
ISBN: 9004327576
Category : Law
Languages : en
Pages : 675
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Book Description
While coordinating the University of Groningen’s Honours College Winterschool/Atelier entitled Children's Rights in Health Care, the need to publish the contributions to this program was generally expressed and confirmed by its participants. The Winterschool/Atelier, successfully organized in recent years, has dealt with many issues concerning the legal position of minor persons – born and unborn – in the context of health care, especially pediatric care. These issues involve matters concerning pediatric treatment, preventive care and predictive medicine, medical research involving children, incompetence and child autonomy, a child’s psychological development, parental responsibility and representation, protective judicial measures, child migration issues, children’s health rights enforcement as well as children’s health interest monitoring and promotion. During the program, leading experts in the fields of law, ethics, medicine, biology, psychology and institutions such as the Dutch Child & Hospital Foundation, the Child Protection Board, Save the Children, and UNICEF shared their views on normative standards, practical experiences, significant developments, challenging ideas, silent dreams and inevitable realities. As a result, the Children's Rights in Health Care program provided opportunities for a profound dialogue between Honours College students and lecturing scholars on a wide range of topics involving children’s health care interests. This volume contains several analyses of health rights issues related to children. The various chapters provide an overview of this captivating area and may be of special interest to lawyers, health care professionals, ethicists, psychologists, judicial institutions, policy makers, interest groups, students and all others who are concerned with the children’s rights perspective on health care.
Author: Sabine Klotz
Publisher: transcript Verlag
ISBN: 3839440548
Category : Social Science
Languages : en
Pages : 427
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Book Description
This book deals with various facets of the human right to health: its normative profile as a universal right, current political and legal conflicts and contextualized implementation in different healthcare systems. The authors come from different countries and disciplines - law, political science, ethics, medicine etc. - and bring together a broad variety of academic and practical perspectives. The volume contains selected contributions of the international conference "The Right to Health - an Empty Promise?" held in September 2015 in Berlin and organized by the Emerging Field Initiative Project "Human Rights in Healthcare" (University of Erlangen-Nürnberg).
Author: Beatrix Hoffman
Publisher: University of Chicago Press
ISBN: 0226348032
Category : Health & Fitness
Languages : en
Pages : 357
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Book Description
The 2010 Affordable Care Act is a sweeping reform to the US health care system. Hoffman offers an engaging and in-depth look at America's long tradition of unequal access to health care. She argues that two main features have characterized the US health system: a refusal to adopt a right to care and a particularly American type of rationing. Unlike rationing in most countries, which is intended to keep costs down, rationing in the United States has actually led to increased costs, resulting in the most expensive health care system in the world.
Author: Jonathan Wolff
Publisher: W. W. Norton & Company
ISBN: 0393083292
Category : Political Science
Languages : en
Pages : 171
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Book Description
“A broad-ranging, insightful analysis of the complex practical and ethical issues involved in global health.”—Kirkus Reviews Few topics in human rights have inspired as much debate as the right to health. Proponents would enshrine it as a fundamental right on a par with freedom of speech and freedom from torture. Detractors suggest that the movement constitutes an impractical over-reach. Jonathan Wolff cuts through the ideological stalemate to explore both views. In an accessible, persuasive voice, he explores the philosophical underpinnings of the idea of a human right, assesses whether health meets those criteria, and identifies the political and cultural realities we face in attempts to improve the health of citizens in wildly different regions. Wolff ultimately finds that there is a path forward for proponents of the right to health, but to succeed they must embrace certain intellectual and practical changes. The Human Right to Health is a powerful and important contribution to the discourse on global health.
Author: Elvira Beracochea, MD, MPH
Publisher: Springer Publishing Company
ISBN: 082610570X
Category : Medical
Languages : en
Pages : 418
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Book Description
Named a 2013 Doody's Core Title! "With great timing, the editors of Rights-Based Approaches to Public Health offer a targeted and innovative strategy to combat global health problems. Balanced, comprehensive, and steeped in the historical traditions of human rights, the book persuasively moves the reader from abstract conceptions of inalienable human rights to evidence-based, pragmatic solutions that highlight the systematic integration of human rights principles in human development work."--PsycCRITIQUES "The human rights framework as eloquently described in this book offers a new way for us to think about how we approach our work: from deciding when and how to intervene, to how we plan, the goals we establish, and the metrics we use to gauge the success of our efforts. Public health instructors will find many of the chapters useful for illustrating, in very concrete ways, the link between human rights and public health, providing students (and practitioners) with a new framework for analyzing public health topics and for designing and evaluating interventions. Ultimately, civil rights and civil liberties are only of value when exercised. This book will contribute to the advance of human rights by leading increasing numbers of public health practitioners to advocate for, and promote, their realization."Score: 95, 4 stars --Doody's Medical Reviews "Rights Based Approaches to Public Health provides a new perspective on addressing public health problems. It is an evidence based and cutting edge approach that provides important insights into solving ethical dilemmas. It is essential reading for anyone interested in ensuring health equity and justice." Georges C. Benjamin, MD, FACP, FACEP Executive Director of the American Public Health Association "At root, those working in health and human rights are both animated by a similar concern: the well-being of individuals and populations. The book will be an invaluable asset to both communities as they work to achieve their common goal." From the foreword by Paul Hunt UN Special Rapporteur on the Rights to the Highest Attainable Standard of Health (2002-2008) Rights-Based Approaches to Public Health presents a variety of public health professionals who utilize rights-based approaches in their work, the challenges they face, and the lessons they have learned. This expansive volume includes rights-based approaches with a variety of populations and across international settings. It explores environmental issues such as the right to clean air, water, and food. It examines the rights of the vulnerable, including women and children. It also includes work in difficult locations, such as prisons, high-conflict areas, and New Orleans post-Katrina. The useful tools and diverse case studies in this text provide the best models available for those interested in implementing or furthering a rights-based agenda. Key Features: Contains an overview of the key international documents regarding the right to health Provides an exploration of the efficacy of rights-based approaches to health Covers professional and ethical issues in rights-based approaches Presents systemic and policy implications, including a rights-based approach to health care reform Includes global case studies from a wide variety of noted organizations and practitioners
Author: Alicia Ely Yamin
Publisher: Harvard University Press
ISBN: 0986106208
Category : Law
Languages : en
Pages : 446
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Book Description
The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.
Author: Judith Asher
Publisher: BRILL
ISBN: 9004189734
Category : Law
Languages : en
Pages : 322
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Book Description
The alarmingly low health status of millions of people in many developing countries is now recognised as a major obstacle to the process of development. In response, increasing numbers of non-governmental organizations are championing the right to health of the disadvantaged, vulnerable and those living in poverty. They are using the right to health in their struggle for access to quality health services, as well as the underlying determinants of health, such as safe drinking water and adequate sanitation. In other words, the right to health, and other fundamental human rights, are seen as a way of promoting development. In a clear style and accessible format, this unique, timely and practical Manual shows health professionals, their associations and other interested non-governmental organizations, some of the practical ways in which they can promote, protect and monitor the right to health in their communities and countries. It considers the obligations of states in relation to individuals within their borders, as well as the human rights responsibilities of states beyond their borders. As befits a human rights manual, it has a particular preoccupation with the right to health of the vulnerable, marginalized and otherwise disadvantaged groups and those living in poverty.
Author: John Dittmer
Publisher: Univ. Press of Mississippi
ISBN: 1496810368
Category : History
Languages : en
Pages : 342
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Book Description
In the summer of 1964 medical professionals, mostly white and northern, organized the Medical Committee for Human Rights (MCHR) to provide care and support for civil rights activists organizing black voters in Mississippi. They left their lives and lucrative private practices to march beside and tend the wounds of demonstrators from Freedom Summer, the March on Selma, and the Chicago Democratic Convention of 1968. Galvanized and sometimes radicalized by their firsthand view of disenfranchised communities, the MCHR soon expanded its mission to encompass a range of causes from poverty to the war in Vietnam. They later took on the whole of the United States healthcare system. MCHR doctors soon realized fighting segregation would mean not just caring for white volunteers, but also exposing and correcting shocking inequalities in segregated health care. They pioneered community health plans and brought medical care to underserved or unserved areas. Though education was the most famous battleground for integration, the appalling injustice of segregated health care levelled equally devastating consequences. Award-winning historian John Dittmer, author of the classic civil rights history Local People: The Struggle for Civil Rights in Mississippi, has written an insightful and moving account of a group of idealists who put their careers in the service of the motto “Health Care Is a Human Right.”
Author: Mark A. Hall
Publisher: Aspen Publishing
ISBN: 1454897651
Category : Law
Languages : en
Pages : 2168
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Book Description
Health Care Law and Ethics, Ninth Edition offers a relationship-oriented approach to health law—covering the essentials, as well as topical and controversial subjects. The book provides thoughtful and teachable coverage of every aspect of health care law. Current and classic cases build logically from the fundamentals of the patient/provider relationship to the role of government and institutions in health care. The book is adaptable to both survey courses and courses covering portions of the field. Key Features: New authors Nick Bagley and Glenn Cohen Incorporated anticipated changes to the Affordable Care Act More current cases and more streamlined notes, including ones on medical malpractice, bioethics, and on finance and regulation More coverage of “conscientious objection” and “big data” - Discussion of new “value based” methods of physician payment - Expanded coverage of “fraud and abuse” Current issues in public health (e.g., Ebola, Zika) and controversies in reproductive choice (e.g., Hobby Lobby) Coverage of cutting-edge genetic technologies (e.g., gene editing and mitochondrial replacement)
