Search results

The essential art of communication about balance in border closures / Raywat Deonandan -- The wolf and the sheepfold : borders, containment, and contested discourses of public health in the great influenza pandemic era / Esyllt Jones -- Bordering and the fallacy of disease directionality : ebola, SARS-CoV-2, and Africa's confidence deficit with global public health / Chidi Oguamanam -- Towards reimagining the IHR Article 43 on travel restrictions / Lisa Forman & Roojin Habibi -- Management of the European Union's (internal and external) borders during the COVID-19 pandemic / Tamara Hervey, Alexandra Fyfe & Vincent Delhomme -- Public health vidence for provincial border management / Brenda J. Wilson -- First nations, COVID-19, and the implications of spatial restrictions in a settler colonial context / Eva Ottawa, Florence Robert & Sophie Thériault -- Border controls as part of aotearoa New Zealand's response to the COVID-19 pandemic / Siouxsie Wiles -- Borders within borders within borders : a legitimate approach to controlling the first two years of the SARS-CoV-2 pandemic in Australia / Stephen Duckett -- The United States response to COVID-19 : a patchwork of border regulations / Katherine Ginsbach -- Brazilian discriminatory border control policy based on 'health restrictions' during COVID-19 pandemic / Fernando Aith -- Pandemic pathways to permanent residence / Audrey Macklin -- Spouses of the pandemic : data, racism, and mental health / Wei William ("Will") Tao -- Vaccine refusals and freedom of religion : a moving target in a pandemic age / Carissma Mathen -- A brief history of the science of vaccine passports and what the future holds / Kumanan Wilson -- Rights discourse and Canadian debate over vaccine passports / Bryan Thomas -- Mobility restrictions, human rights, and the legal test of proportionality / Jeff King -- Pandemic-fighting technologies? lessons from COVID-19 for the pandemics of the future / Vivek Krishnamurthy & Myka Kollmann -- Verification theatre at borders and in pockets / Michael Veale -- The paradox of protecting the vulnerable : an analysis of the Canadian public discourse on older adults during the COVID-19 pandemic / Martine Lagacé, Caroline D. Bergeron, Tracey O'Sullivan, Samantha Oostlander, Pascale Dangoisse, Amélie Doucet & Philippe Rodrigues-Rouleau -- Of governmental priorities, human rights, and social control : prison responses to the COVID-19 pandemic / Adelina Iftene -- Extending the boundaries of the psychiatric hospital : the use and misuse of psychiatric coercion during the COVID-19 pandemic in Quebec and Ontario / Emmanuelle Bernheim -- Punishing mobility : curfews and homelessness in Quebec during the COVID-19 pandemic / Véronique Fortin & Céline Bellot -- Bodies across borders : a history of cross-border travel for abortion services in Poland and Canada / Christabelle Sethna & Krystyna Dzwonkowska-Godula -- Borders drawn across bodies : advocating for maternal health in times of crisis / Sarah J. Lazin -- Keeping border restrictions light enough to travel : a humanitarian perspective on Canada's border control measures during COVID-19 / Jason Nickerson & Joseph Belliveau -- "Where you live shouldn't determine whether you live" : Canada and the line between rhetoric and reality in global COVID-19 vaccine access / Adam R. Houston -- Cross-border mobility of persons and goods during pandemics : exposing normative duality in international law / Pedro A. Villarreal -- Modeling approaches to borders, geography, and infectious diseases / David Fisman -- Advancing a risk-based approach to border management during public health emergencies of international concern / Kelley Lee, Julianne Piper & Jennifer Fang -- Global health law : overcoming the shortfall in human resources / Tim G. Evans & Priyanka Saksena -- Conceptual and tangible borders under a revised international health regulations or new international pandemic agreement / Sam Halab.

In 2019, a British Columbia (BC) court decided against a Charter challenge, launched by Cambie Surgical Services (a private clinic). Cambie claimed that various laws in BC suppressing a two-tier system are contrary to the Canadian Charter of Rights and Freedoms and should be overturned. The trial judge carefully weighed the evidence for and against a two-tier system as a "safety valve" for long wait times in public Medicare, finding overall that two-tier will do more harm than good in the BC context. It is a small victory and a reprieve for public Medicare, which is increasingly under attack from various forms of privatization. But the courts cannot save healthcare on their own nor should they be expected to. The commitment and participation of all levels of government to improving waiting times is crucial.

Cover -- Half Title Page -- Title Page -- Copyright Page -- Table of Contents -- List of Figures -- List of Tables -- Introduction: The Courts and Two-Tier Medicare -- Part I: The Context and Contestations of Public and Private in the Canadian Health Care System -- 1. Private Finance and Canadian Medicare: Learning from History -- 2. Chaoulli to Cambie: Charter Challenges to the Regulation of Private Care -- 3. Borders, Fences, and Crossings: Regulating Parallel Private Finance in Health Care -- 4. Chaoulli v Quebec: Cause or Symptom of Quebec Health System Privatization?

This article presents research demonstrating that the right to health plays different roles in different types of health systems. In high-income countries with tax-funded health systems, we usually encounter a lack of an enforceable right to heath. In contrast, rights play a more significant role in social health insurance/managed competition systems (which are present in a mixture of high-income and middle-income countries). There is concern, for example in Colombia, that a high volume of rights litigation can challenge the very sustainability of a public health care system and distort resources away from those most in need. Finally, in middle-income countries with big gaps between a poor public health system and a rich private one, we are more likely to find an express constitutional right to health care (or one is inferred from, for example, the right to life). In some of these countries, constitutional rights were included as part of the transition to democracy and an attempt to address huge inequities within society. Here the scale of health inequities suggests that courts need to be bolder in their interpretation of health care rights. We conclude that in adjudicating health rights, courts should scrutinize decision-making through the lens of health equity and equality to better achieve the inherent values of health human rights. Adapted from the source document.