A note on texts

Freedman, Linda

doi:10.1017/cbo9780511795022.001

Cited by 1 publication

(2 citation statements)

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“…313 "'Real' differences are defined broadly to include definitional differences, legally created differences, and differences that result from past discrimination against women." 314 The Court notes that the Equal Protection Clause "does not 'demand that a statute necessarily apply equally to all persons' or require 'things which are different in fact . .…”

Section: A Recognizing "Real Differences" Between the Sexes Under Thmentioning

confidence: 99%

“…315 "This approach is also associated with a high degree of tolerance for facially sex-neutral rules that have a disparate impact on one sex." 316 The Court also makes clear that "a legislature may 'provide for the special problems of women.'" 317 However, a "legislature may not 'make overbroad generalizations based on sex which are entirely unrelated to any differences between men and women or which demean the ability or social status of the affected class.'"…”

Section: A Recognizing "Real Differences" Between the Sexes Under Thmentioning

confidence: 99%

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Law and Policy Approaches to Sex-based Disparities in Musculoskeletal Health Care

Griffin¹

2019

IHLR

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Women's health care law and policy discussions tend to focus on reproductive health and breast cancer, but there are significant disparities involving other physiologic systems-like the musculoskeletal system. Failure to recognize sex-based differences in health and in health care leads to inequalities in delivery and outcome of medical care-especially negatively impacting young, active girls and women, as well as adult and aging women. For example, in sports medicine, female athletes are two to eight times more likely to tear their ACL (knee) than their male counterparts participating in the same sports and to have worse outcomes after surgical repair. Similarly, older women are more likely to need knee replacement and to do poorly after surgery. Male bias and male norm historically built into musculoskeletal care and research likely contribute to disparities. Only around 6% of practicing orthopedic surgeons are women. Physicians and other providers are generally under-educated in sex-based differences involving the musculoskeletal system and typically deliver care in a gender-neutral manner, which leads to disparities disproportionately affecting women. The causes of disparities are multifactorial and complex with strong influences of biological and social/cultural factors playing a role, which are discussed in this paper. Interdisciplinary approaches involving medical providers, medical educators, medical researchers, lawmakers, policymakers and courts are discussed to address this emerging and important issue. Continuing to acknowledge and embrace sex-based differences in musculoskeletal medical care will lead to improvements in the health and health care for everyone.

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Section: A Recognizing "Real Differences" Between the Sexes Under Thmentioning

confidence: 99%

Section: A Recognizing "Real Differences" Between the Sexes Under Thmentioning

confidence: 99%

Law and Policy Approaches to Sex-based Disparities in Musculoskeletal Health Care

Griffin¹

2019

IHLR

View full text Add to dashboard Cite

show abstract

A note on texts

Cited by 1 publication

References 0 publications

Law and Policy Approaches to Sex-based Disparities in Musculoskeletal Health Care

Law and Policy Approaches to Sex-based Disparities in Musculoskeletal Health Care

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