Introduction: Marrying Human Rights and Health Care Systems

Flood, Colleen M.; Gross, Aeyal

doi:10.1017/cbo9781139814768.001

Cited by 5 publications

(12 citation statements)

References 5 publications

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“…This tendency towards the judicialization of healthcare has exerted an influence on many LMICs. Those legal actions are gradually altering national financial policies, and may lead to a weakening of the viability of public health insurance by redirecting funding further away from a rational application for the community welfare of the general public [ 33 ].…”

Section: Specific Challenges To Lmic Healthcare Systemsmentioning

confidence: 99%

Improving access to SLE therapies in low and middle-income countries

2023

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SLE increases disease burden in those affected with it, and that is particularly the case in low- and middle-income countries. The 2019 Addressing Lupus Pillar of Health Advancement project is a multiphase initiative whose objective is to recognize, hierarchize and establish approaches for diligent SLE research, care and access to healthcare. Lack of access to high-cost medications that have been shown to be efficacious in the short term and that potentially reduce damage in SLE is a complex issue. In this review, we highlight opportunities and plans of action to diminish costs and improve access to therapies, which should be recognized and executed, preferably within regional strategies with multiple stakeholders (including supranational organizations, governments, the pharmaceutical industry, medical societies and the general population) connected with and grounded in structured and clear cost-effectiveness analysis.

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Section: Specific Challenges To Lmic Healthcare Systemsmentioning

confidence: 99%

Improving access to SLE therapies in low and middle-income countries

2023

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“…66 The right to health has most commonly been employed to support claims relating to medical care, rather than public health, and often in the context of constitutional rights at the domestic, rather than international, level. 67 While there are several examples of international human rights law being used to address public health issues, 68 the extent to which the accountability and standards setting role matches the expectations set by the rhetorical role of human rights in public health is less clear.…”

Section: Public Health and Criteria Assessmentsmentioning

confidence: 99%

Expertise, Public Health and the European Convention on Human Rights: Vavřička v Czech Republic

McWhirter

Clark

2023

Modern Law Review

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In Vavřička v Czech Republic, the European Court of Human Rights held that the Czech Republic's childhood vaccination policy did not contravene the Article 8 right to private life. This note presents a rhetorical and contextual analysis of the Court's engagement with questions of expertise. The majority's application of a wide margin of appreciation avoided grappling with the details of scientific and medical authority, as much as the political challenges raised by the application. We conclude by considering the wider context and limits of rights-based approaches to global public health.

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“…The analytical accuracy of the individual (social) rights' paradigm, predominant in the health law literature (Tobin 2012;Wolff 2012;Zuniga et al 2013;Flood & Gross 2014), is limited. Flood and Gross argue that in established democracies that are high-income countries with relatively strong public healthcare systems, access to healthcare historically developed with the rise of the modern welfare state, rather than through a rights' discourse (Flood & Gross 2014).…”

Section: Introductionmentioning

confidence: 99%

“…The market paradigm also presents shortcomings. Beyond the question of whether health and healthcare constitute commodities, various characteristics of today's healthcare systems make healthcare unsuited for distribution through competition and the use of price mechanisms on a free market (Flood & Gross 2014;Tingh} og et al 2010). Also, access to healthcare goes beyond the pursuit of mere economic interests and includes social goals, such as equality in access, disconnection from the ability to pay, and the "rule of rescue."…”

Section: Introductionmentioning

confidence: 99%

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The rise of the Swiss regulatory healthcare state: On preserving the just in the quest for the better (or less expensive?)

Levy

2020

Regulation & Governance

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Political theories of the modern state describe a rise of the regulatory healthcare state, balancing the imperatives of cost control and quality assurance and welfare norms such as solidarity. This paper analyses the unique case of Switzerland, where the rise of the regulatory healthcare state occurred late and incompletely, with the adoption of the Federal Health Insurance Law in 1994. The Swiss federal state pursues the social objective of universal access to healthcare through social health insurance regulation. This paper demonstrates that economic efficiency has not been the primary goal of healthcare coverage within the Swiss regulatory healthcare state despite rising costs. As another exceptional feature, Switzerland has diverged from the traditional path of judicial behavior in the regulatory state. This paper critically dissects how the Swiss Federal Court has become a crucial actor, imposing limits on access to healthcare and shaping decision-making criteria for social regulation, such as costbenefit and cost-impact analysis. Through this judicialization of limit-setting, the judiciary engages in an ongoing constitutional dialogue on the limits of the regulatory welfare state and its sustainability for the future.

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Introduction: Marrying Human Rights and Health Care Systems

Cited by 5 publications

References 5 publications

Improving access to SLE therapies in low and middle-income countries

Improving access to SLE therapies in low and middle-income countries

Expertise, Public Health and the European Convention on Human Rights: Vavřička v Czech Republic

The rise of the Swiss regulatory healthcare state: On preserving the just in the quest for the better (or less expensive?)

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