This study focuses on the elderly's right to health care in Jordanian legislations and the extent to which it is corresponds to International Standards through highlighting the importance of this right to the elderly, then critically analyzing its various aspects in Jordanian legislations concerning the availability, accessibility, and acceptability of the health care to the elderly. This study finds the necessity to amend the Jordanian Constitution to guarantee the right to access free health care, the argent need for promulgating the elderly's rights law, and the need for amending several Jordanian legislations in compliance with the international standards.
El derecho a la salud aparece recogido en la Constitución española de 1978. Posteriormente se ha desarrollado legislativa, institucional y organizativamente con el resultado de la creación de un Sistema Nacional de Salud que ofrece prestaciones con carácter tendencialmente universal e igualitario. No obstante, la universalidad del derecho a la salud ha sido puesta en cuestión por el Real Decreto Ley 16/2012. Aquí se argumenta que esta norma supone una ruptura ilegítima con los principios de universalidad e igualdad que prefigura un cambio de modelo respecto al que se ha venido desarrollando desde la Constitución. ; The Right to Health Care was included in the Spanish Constitution in 1978. This Right has been later developed through legal and institutional activities, creating a National Health System that provides universal and equal access to Health Care. But those features of Universality and Equality have been questioned by Royal Decree-Act 16/2012. This contribution suggests that this Act generates an illegitimate violation of constitutional principles related to the Right to Health Care. This Act, as well as the policies in which it can be included, predict a change of model: from universality to exclusion in public provision of Health Care. ; Este trabajo ha sido desarrollado en el marco del Proyecto de Investigación "Los Derechos Humanos en el S. XXI. Retos y desafíos del Estado de derecho global" (DER 2011-25114), Plan Nacional de I+D+I, Ministerio de Ciencia e Innovación, y del Proyecto Consolider- Ingenio 2010 "El tiempo de los derechos". CSD2008-00007.
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 th
In: Pentaraki , M 2018 , ' Social work practice of hospital social workers under the structural adjustment program in Greece: social workers protecting the right to health care within the context of Neoliberalism ' , Socialni Prace , vol. 2018 , no. 4 , pp. 7-20 .
OBJECTIVES: This study explores the effects of the Structural Adjustment Program (SAP) and its resultant social spending cuts and austerity measures on social work practice in Greek public hospitals. THEORETICAL BASE: The research is informed by a critical social theory approach. METHODS: Qualitative interviews were conducted with eleven senior social workers. OUTCOMES: Data gathered from qualitative interviews in 2011 reveal that underfunding and understaffing causes workers to intensify their professional efforts and to increasingly draw on more informal contacts, as well as on their personal resources, to respond to the needs of service users. Health care spending cuts within the context of neoliberal capitalism clearly undermine participants' ability to effectively perform their work, but they do the best they can with the available resources. Faced with an increasing inability to provide optimal care, participants reorient their focus to at least providing emotional support. A strong theme of resistance emerged, with participants insisting that health care is a right and not a commodity. SOCIAL WORK IMPLICATIONS: The paper maintains that it is imperative for the social work profession to understand that the difficulties they experience emerge within the context of neoliberal capitalism and thus austerity measures and social spending cuts need to become a locus of intervention.
This book provides a moral evaluation of American health care. It is in three main parts: a review and analysis of conditions bearing on access to quality health care, a philosophical analysis and defence of the concept of a moral right to health care, and a discussion of various policy alternatives for reform of the US system for delivering health care. The first chapter demonstrates that many Americans, especially among blacks, persons from low income families, and those with less education, are underserved by the present system. Persons in these groups have significantly worse health characteristics than other Americans. Do these persons have a right to health care? If so, to what kinds of care and how much? In part two, four contemporary theories of justice and of peoples' rights - utilitarianism, egalitarianism, libertarianism, and contractarianism - are examined and their implications for a right to health care described. Each theory is then discussed in terms of a right to health care that encompasses non-interference with one's health, primary care, curative care under some circumstances, and the freedom to buy additional health care not guaranteed by right.; What is to be done? This is the central question of the third part, which examines and evaluates alternative directions for reform of the American health care system
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This report analyzes constitutional and legal issues pertaining to a right to health care, as well as the power of Congress to enact and fund health care programs.
It is generally accepted that there is an equal access of right to health care facilities and deliveries. The apparent constitutional provisions and other related legislations expressly provide that everyone should have adequate and unrestricted access to health care services in South Africa. This article examines the extent to which everyone, under the current dispensation is accessing healthcare. The article points out the pitfalls inherent in health care services and at the same time highlights the milestones that have been achieved through legislative and practical interventions. DOI:10.5901/mjss.2013.v4n13p837
Most developed societies recognise the existence of a basic right of access to health care of appropriate quality, considering it a positive welfare right. It can even be one of the most important achievements of pluralistic and secular societies. The main objective of this study is to suggest the foundations for a universal right to health care, meaning the right of access to health care of appropriate quality. A second objective is to propose the necessary tools so that access to health care is viable in a specific commonwealth in accordance with available resources. To find this balance between an existing variable geometry and the actual level of resources of each specific commonwealth, the authors suggest the compatibility between Norman Daniels' "accountability for reasonableness" and the integrated view of health of the World Health Organisation through the "equal opportunity function". The equal opportunity function appears to be an ethically acceptable solution for the existing variable geometry because it allows for different levels of provision and promotes an ethical rationing fully respecting accountability for reasonableness. The basic right of access to health care of appropriate quality is a fundamental humanitarian principle that should be enjoyed by all citizens of all countries, and the international community should recognise the obligation to promote these ideals by any means available. Indeed, although social rights such as health care demand citizens' solidarity to be enjoyed, only with the universalisation of social rights will humanity be more equal in the future.
Preliminary Material /J. Asher -- Introduction – Understanding A Health And Human Rights Approach /J. Asher -- Chapter 1. What Are Human Rights? The Legal Framework /J. Asher -- Chapter 2. What Is Meant By The Right To Health? /J. Asher -- Introduction To Part 2 /J. Asher -- Chapter 3. The Nature Of State Obligations /J. Asher -- Chapter 4. Focus On Core Obligations /J. Asher -- Chapter 5. Focus On Non-Discrimination And Vulnerable And Otherwise Disadvantaged Groups /J. Asher -- Chapter 6. Globalization, Obligations Of Non-State Actors And International Obligations Arising From The Right To Health /J. Asher -- Introduction To Part 3 /J. Asher -- Chapter 7. Monitoring The Right To Health /J. Asher -- Chapter 8. Tools For Monitoring I: Working With Indicators, Benchmarks And Statistical Data /J. Asher -- Chapter 9. Tools For Monitoring II: Identifying Violations /J. Asher -- Chapter 10. Promoting The Right To Health: Activities To Promote And Protect The Right To Health At Community, National And International Levels /J. Asher -- Chapter 11. Reporting: Participation By NGOs In UN Procedures For Monitoring Compliance By Their Governments /J. Asher -- Chapter 12. Medical And Other Health Professionals: Working With The Right To Health /J. Asher -- Annex 1. Examples Of International, Regional, And National Instruments Relevant To The Right To Health /J. Asher -- Annex 2. Examples Of Global Goals, Targets And Indicators Relevant To Health /J. Asher -- Annex 3. Sources And Resources /J. Asher.
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The political importance of rights in liberal democracies, & of universally accessible health care in Canada, are trite observations. However, the increasing use of the language of rights to defend existing patterns of health care in Canada is a curious if not alarming phenomenon. What do citizens mean when they say that they have the right to health care? How can health care rights be defined philosophically & politically? This article examines the increasing popularity of rights claiming for health care, & argues that the "right to health care" has a nonpossessive, normative nature that is at odds with legalistic individualistic rights claiming. This is a significant philosophical finding, one that informs the political debate over health care by revealing that legal rights claims are not sufficient to defend social entitlements. The conceptual project undertaken in this article illuminates directions of reform & suggests that differentiated citizenship provides a better model than legal rights to guide reform efforts. Adapted from the source document.
In this paper I will analyze the right to health and right to health care in a special context, in the field of organ and tissue donation. I will argue that the cases of organ and tissue transplantation provide a useful means for the discussion of the main conceptual challenges to these twin rights. Furthermore the investigation of the scope of these rights in the context of transplantation provide an important aspect to understand to what extent can right to health encompass not only the claim to have access to basic health services but also to what extent non pecuniary solidarity in the form of relying the others' altruism can shape the contours of these rights. For the purposes of concentrating on right to health I will not differentiate between cadaver and living organ donation, only when it is absolutely necessary to make such a distinction. In order to demonstrate how existing European legislation created a special field to right to health, I will start my analysis with exploring the nature and main sources of right to health then I will demonstrate how new fields might be developed, such as the right to health in the context of organ donation.