To view other aspects of the Matrix, including guidance on other topics, please click on the Matix icon above. A note on legal remedies : These topics highlight legal strategies health advocates can take to remedy situations abusive of reproductive health and human rights. Human Rights Implicated Impeding equal access to health services and information violates the right to health by restricting individuals' abilities to make personal healthcare decisions and to attain the best possible health status for themselves and their families.
Other human rights, including the following, are also implicated by disparate access to health care: Right to non-discrimination? Without careful tailoring, health policies may impact differentially on and increase the marginalization of the poor and uneducated. In particular, close scrutiny must be given to required user fees for health services, privatization of primary healthcare, and "target-oriented" population control programs.
Policymakers must ensure that such policies do not bar those in need from essential health care and that coercion or misinformation is not used to achieve programmatic goals. Right to equal protection of the law - Individuals are impermissibly excluded from heath care systems through laws that prevent or discourage participation or through inappropriate health resource allocation.
Right to life - High rates of maternal mortality, preventable through adequate access to obstetric health care, indicate that a country is failing to fulfill women's rights and to prioritize women's lives. Key Human Rights Arguments You Could Use As another the ICESCR Committee notes in its General Comment on the Right to Health, access to health care is determined by the availability of specific services; the accessibility of services to the public; the acceptability of the services to different cultures, sexes, and age groups; and the quality of the services.
The right to equal access to health care is a fundamental principle that is part of the human right to health care. For victims of a violation of the human 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 realisation 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 at international United Nations and regional Council of Europe human rights level have strengthened the justiciability of economic, social and cultural rights, which also has implications for the justiciability of the human right to equal access to health care.
This book analyses 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 distils the elements that can be expected to play a role in the assessment of such cases.
Firstly, it provides for an extensive analysis of the legal framework of the human right to equal access to health care, its entitlements and corresponding State obligations. Subsequently, it addresses what arguments are brought forward with regard to the justiciability of economic, social and cultural rights in general and how these rights, including the human right to health care, 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 analyse 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 concerning the human right to equal access to health care are presented. Chapter II. Chapter III. Chapter IV. Chapter V. The Justiciability of Economic, Social and Cultural rights p. Chapter VI. Chapter VIII. Chapter IX. These options are reviewed and critically analyzed within the context of such challenges in health policy as insufficient access to high-technology care and the limits of medical care, and such external challenges as economic and demographic trends, federal-provincial disputes, and ideological beliefs.
Particular attention is given to the implications of a broader definition of health and the concept of regional health authorities. The latest cautionary tale comes from Humboldt County, California, a community already chronically underserved and with health care disparities that are painfully clear.
This comes just five years after Providence merged with St. If the department is closed, patients will be forced to travel outside their community to get to the delivery room, potentially putting moms and babies at serious risk of injury or death when medical emergencies arise.
Understandably, patients and providers alike were upset by the closure news. As a state, we can learn from this rural community by taking action now to ensure that patients have a voice in determining the care they receive and in what setting.
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