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International Health Law
In the twenty-first century, complex health care problems have remained unsolved. Conflicts between public interests and individual rights, evolving public health crises in low income countries, the challenge of regulating health professionals, and the effects of globalisation on health (care systems) dominate the contemporary debates in this field. In a way, these problems expose the (regulatory) weaknesses of health systems responding to these questions. Facing these problems, health lawyers and policy makers should - more than in the past - focus on underlying normative values in health care. Core values include solidarity and justice in health care access. International Health Law explor...
Rationing Health Care
'Medical need' is a factor in health care access decision-making, but merit-considerations are becoming important too. In the shortening of waiting time, priority arrangements are considered and/or introduced, based on non-medical criteria. Simultaneously, in terms of financing, health status has become important due to payment arrangements, limited insurance package options, etc. At the same time, health status disparities, due to socioeconomic inequalities, seem to be increasing. Under these circumstances, confronted with increased health spending, it is expected that rationing will become more eminent. Due to this, the emerging relevant questions are: Who will be responsible for rationing (the market, governments, bureaucrats, physicians, or others)? * How does it function (explicit or implicit)? * What are relevant and acceptable selection criteria (QUALYs, DALYs, health status, sex, age, etc.)? * To what extent is current rationing just? * What can be done to make it more just? *
Health Care Law-making in Central and Eastern Europe
This book examines the relevance of a theoretical model of health care law-making in several Central and Eastern European countries. Confronted with the legacy of the ancient regime, the countries selected shifted away from a 'socialist' model towards a more 'market-oriented' health care system. From a legal perspective, this change of system imposed on government the need for drastic reforms starting with the introduction of a compulsory health insurance scheme based on the notion of solidarity. Future accession to the EU, requiring the incorporation of the acquis communautaire, has increased the complexity of legal reforms since. Strengthening the reform process, the author developed a met...
International Health Law and Ethics
This book contains a collection of treaty documents and soft law on health care rights and health ethics used in health law training programs. Regional documents and explanatory reports on health care rights, which are derived from international human rights law, provide a way of "unwrapping" government obligations in health care, making rights more specific, accessible, and (judicially) accountable. In addition, soft law declarations and medical ethics contribute to understanding the moral meaning of human rights in health care. As such, the principles and standards provide practical guidance for States when dealing with equal access to health care services, the rights of patients, biomedic...
European Health Law
'European Health Law' is the result of a long-term collaboration project between academic health lawyers working at various European research institutions. The result is a comprehensive volume on health law, exploring various aspects of health law. Health law - as understood by the authors - reflects a so-called triangular relationship between the patient, health provider and health financer. As such, this volume covers a wide range of topics focussing on patients' rights and duties, the role of health professionals, and health care financing and rationing, as well as public health and health related issues, such as occupational health and environmental health.
The Right to Health at the Public/Private Divide
A comparative study covering all continents, this book explores the role of health rights in advancing greater equality through access to health care.
Access to Care, Access to Justice
Edited by Colleen Flood, Lorne Sossin, and Kent Roach, the collection explores the role that courts may begin to play in health care and how this new role is of crucial importance to the Canadian public and their governments.
The Oxford Handbook of Comparative Health Law
The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges today. When matters of life and death literally hang in the balance, it is especially important for policymakers to get things right. Comparative analysis has become an essential component of the decision making process, and The Oxford Handbook of Comparative Health Law is the only resource available that provides such an analysis in health law.
Ukrainian Healthcare Law in the Context of European and International Law
This is an increasingly timely book, focusing on issues arising from the impact of COVID-19 on the health care law of the Central and East European countries. It deals with dualism and system of health care law, depicts legal personality in the field of health care, examines property rights and turnover of human tissues, considers moral rights in this field, intellectual ownership in the field of medicine and pharmacy, contracts on health care and contracts on rendering medical services, the legal relationships of transplantology, post-mortem reproduction and donorship, features of family personal property rights in the field of health care, problems of legal regulation of medical workers labour, investigates private legal relationships of surrogate motherhood with foreign element. Special attention is given to the alternative resolution of health care disputes and impact of pandemic on the effective health rights protection. The book is intended for wide auditoria of scholars and practitioners, who engaged in health care rights protection, as well as judges and practicing lawyers, graduate and undergraduate students.
Self-Determination, Dignity and End-of-Life Care
This volume gathers the contributions of leading researchers in the fields of bioethics, medical law and human rights. By providing an interdisciplinary reading of advance directives regulation against the background of European and International law, this book aims to offer new insights into the most controversial legal issues surrounding the theme of dignity and autonomy at the end of life. Cross-cultural perspectives from Europe, the Americas, Australia and China offer a comparative analysis of legal approaches to end-of-life decision-making and care, including the hotly debated issues of euthanasia and assisted suicide, also giving an account of recent developments in domestic legislation and jurisprudence. Special focus is placed on the Italian legal system and its ongoing discussion on advance directives regulation.
