Litigating Health Rights

Author : Alicia Ely Yamin
Publisher : Harvard University Press
ISBN 13 : 0986106208
Total Pages : 446 pages
Book Rating : 4.00/5 ( download)

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Download or read book Litigating Health Rights written by Alicia Ely Yamin and published by Harvard University Press. This book was released on 2015-04-01 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.

Author : John C. Coffee
Publisher : Harvard University Press
ISBN 13 : 0674736796
Total Pages : 318 pages
Book Rating : 4.95/5 ( download)

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Download or read book Entrepreneurial Litigation written by John C. Coffee and published by Harvard University Press. This book was released on 2015-06-08 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.

Author : Ebenezer Durojaye
Publisher :
ISBN 13 : 9781472468680
Total Pages : 240 pages
Book Rating : 4.86/5 ( download)

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Download or read book Litigating the Right to Health in Africa written by Ebenezer Durojaye and published by . This book was released on 2015-10-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions from activists and scholars across Africa, this study focusses on understanding the legal framework in Africa for the recognition of the right to health, the challenges people encounter in such litigation and prospects for litigating future health rights cases. Diverse case studies also demonstrate that even in jurisdictions where the right to health has not been explicitly guaranteed, attempts have been made to litigate on this right. The book also takes a comparative approach to litigating the right to health before regional human rights bodies.

Author : Ebenezer Durojaye
Publisher : Routledge
ISBN 13 : 1317104250
Total Pages : 289 pages
Book Rating : 4.54/5 ( download)

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Download or read book Litigating the Right to Health in Africa written by Ebenezer Durojaye and published by Routledge. This book was released on 2016-03-09 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health rights litigation is still an emerging phenomenon in Africa, despite the constitutions of many African countries having provisions to advance the right to health. Litigation can provide a powerful tool not only to hold governments accountable for failure to realise the right to health, but also to empower the people to seek redress for the violation of this essential right. With contributions from activists and scholars across Africa, the collection includes a diverse range of case studies throughout the region, demonstrating that even in jurisdictions where the right to health has not been explicitly guaranteed, attempts have been made to litigate on this right. The collection focusses on understanding the legal framework for the recognition of the right to health, the challenges people encounter in litigating health rights issues and prospects of litigating future health rights cases in Africa. The book also takes a comparative approach to litigating the right to health before regional human rights bodies. This book will be valuable reading to scholars, researchers, policymakers, activists and students interested in the right to health.

Author : Mark Gibney
Publisher : Routledge
ISBN 13 : 1135121125
Total Pages : 388 pages
Book Rating : 4.29/5 ( download)

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Download or read book Litigating Transnational Human Rights Obligations written by Mark Gibney and published by Routledge. This book was released on 2013-10-30 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.

Author : Greg Luce
Publisher : Aspatore Books
ISBN 13 : 9780314278821
Total Pages : 0 pages
Book Rating : 4.26/5 ( download)

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Download or read book Health Care Litigation Strategies written by Greg Luce and published by Aspatore Books. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health Care Litigation Strategies provides an authoritative, insiders perspective on best practices for litigating health care disputes. Featuring partners from some of the nations leading law firms, this book guides the reader through the latest updates in health care law and analyzes how the governments strict enforcement policies are impacting clients, lawyers, and the health care industry as a whole. These top lawyers examine the various civil, administrative, and criminal issues at both the state and federal level that can arise in health care litigation and provide strategies for how to approach them. From controlling costs and developing a solid attorney-client relationship to communicating with government officials and working with experts, these authors discuss how to align a clients goals with the existing regulatory framework and business objectives. Additionally, these leaders divulge tips for facilitating successful negotiations, while still challenging administrative agency actions and considering the clients best interests. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this contentious field.

Author : Institute of Medicine
Publisher : National Academies Press
ISBN 13 : 0309210224
Total Pages : 104 pages
Book Rating : 4.25/5 ( download)

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Download or read book Legal Strategies in Childhood Obesity Prevention written by Institute of Medicine and published by National Academies Press. This book was released on 2011-08-08 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1980, childhood obesity rates have more than tripled in the United States. Recent data show that almost one-third of children over 2 years of age are already overweight or obese. While the prevalence of childhood obesity appears to have plateaued in recent years, the magnitude of the problem remains unsustainably high and represents an enormous public health concern. All options for addressing the childhood obesity epidemic must therefore be explored. In the United States, legal approaches have successfully reduced other threats to public health, such as the lack of passive restraints in automobiles and the use of tobacco. The question then arises of whether laws, regulations, and litigation can likewise be used to change practices and policies that contribute to obesity. On October 21, 2010, the Institute of Medicine (IOM) held a workshop to bring together stakeholders to discuss the current and future legal strategies aimed at combating childhood obesity. Legal Strategies in Childhood Obesity Prevention summarizes the proceedings of that workshop. The report examines the challenges involved in implementing public health initiatives by using legal strategies to elicit change. It also discusses circumstances in which legal strategies are needed and effective. This workshop was created only to explore the boundaries of potential legal approaches to address childhood obesity, and therefore, does not contain recommendations for the use of such approaches.

Author : Samuel L. Tarry
Publisher :
ISBN 13 : 9781641058018
Total Pages : pages
Book Rating : 4.13/5 ( download)

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Download or read book Infectious Disease Litigation written by Samuel L. Tarry and published by . This book was released on 2021-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Lawyers learning to think like scientists by providing guidance for the practitioner handling any type of outbreak litigation with disputes regarding COVID-19"--

Author : Andrew Rosser
Publisher : Policy Studies
ISBN 13 : 9780866382786
Total Pages : 76 pages
Book Rating : 4.8X/5 ( download)

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Download or read book Litigating the Right to Health written by Andrew Rosser and published by Policy Studies. This book was released on 2017-09-08 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent increases in health rights litigation in low- and middle-income countries triggered debates regarding the effects of such litigation on the equity and effectiveness of health systems. This study examines Indonesia's experience with health rights litigation and efforts promoting health rights in developing countries in general.

Author : Jennifer Friesen
Publisher : MICHIE
ISBN 13 :
Total Pages : 436 pages
Book Rating : 4.90/5 ( download)

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Download or read book State Constitutional Law written by Jennifer Friesen and published by MICHIE. This book was released on 1999 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: