Academic literature on the topic 'Medical care – Law and legislation – Liberia'
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Journal articles on the topic "Medical care – Law and legislation – Liberia"
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Chernik, S. "THE RIGHT TO MOTHERHOOD AND PATERNITY AS PERSONAL NON-PROPERTY RIGHTS OF THE SPOUSE." Scientific notes Series Law 1, no. 10 (July 2021): 25–29. http://dx.doi.org/10.36550/2522-9230-2021-10-25-29.
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The article reveals the essence of one of the main personal non-property laws of spouses, enshrined in family law – the law to motherhood and fatherhood. It is noted that there is no definition of «motherhood» and «fatherhood» in the legislation. The definitions of the concepts «law to motherhood» and «law to fatherhood» proposed in the scientific legal literature are studied and generalized. The exercise of the law to motherhood and fatherhood is linked to the reproductive function of women and men, and it is important that they fulfill the social functions that arise in connection with the birth of a child. The constituent elements of the law to motherhood are considered. A woman has the law to pregnancy and health care during pregnancy and childbirth, the provision of qualified medical care in accredited health care facilities, partner childbirth. It has been found that the most controversial issue is a woman’s law to refuse to have a child, which includes a woman’s voluntary refusal to have children or abortion. The abortion procedure in Ukraine is regulated by law. However, the problem of determining the legal status of the embryo is quite complex and needs to be studied. The approaches to determining the moment of the beginning of protection of human life offered in legal science, namely: absolutist, liberal and gradualistic (moderate) are revealed. Emphasis is placed on the moral aspect of the problem of abortion. It is noted that a woman decides on the issue of abortion on her own, while such a law is not assigned to a man. It is stated that the law to paternity is closely related to the law to maternity and consists of three powers: the husband decides whether or not to have a child, may demand not to prevent him from exercising such a law and to defend parental laws in court.
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Stasiulis, Daiva. "Elimi(Nation): Canada’s “Post-Settler” Embrace of Disposable Migrant Labour." Studies in Social Justice 2020, no. 14 (March 26, 2020): 22–54. http://dx.doi.org/10.26522/ssj.v2020i14.2251.
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This article utilizes the lens of disposability to explore recent conditions of low-wage temporary migrant labour, whose numbers and economic sectors have expanded in the 21stcentury. A central argument is that disposability is a discursive and material relation of power that creates and reproduces invidious distinctions between the value of “legitimate” Canadian settler-citizens (and candidates for citizenship) and the lack of worth of undesirable migrant populations working in Canada, often for protracted periods of time. The analytical lens of migrant disposability draws upon theorizing within Marxian, critical modernity studies, and decolonizing settler colonial frameworks. This article explores the technologies of disposability that lay waste to low wage workers in sites such as immigration law and provincial/territorial employment legislation, the workplace, transport, living conditions, access to health care and the practice of medical repatriation of injured and ill migrant workers. The mounting evidence that disposability is immanent within low-wage migrant labour schemes in Canada has implications for migrant social justice. The failure to protect migrant workers from a vast array of harms reflects the historical foundations of Canada’s contemporary migrant worker schemes in an “inherited background field [of settler colonialism] within which market, racist, patriarchal and state relations converge” (Coulthard, 2014, p. 14). Incremental liberal reform has made little headway insofar as the administration and in some cases reversal of more progressive reforms such as guaranteed pathways to citizenship prioritize employers’ labour interests and the lives and health of primarily white, middle class Canadian citizens at the expense of a shunned and racialized but growing population of migrants from the global South. Transformational change and social justice for migrant workers can only occur by reversing the disposability and hyper-commodification intrinsic to low-wage migrant programs and granting full permanent legal status to migrant workers.
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Senyuta, Iryna. "Modern Civilistic Instruments of Medical Reform: Issues of Law Implementation and Law Enforcement." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 3 (September 29, 2020): 109–27. http://dx.doi.org/10.37635/jnalsu.27(3).2020.109-127.
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The study of the latest civilistic instruments of medical reform is conditioned by its purpose, which is to clarify the legal nature of the declaration of choice of primary care physician and the contract for medical care under the programme of medical guarantees, highlighting the specific features of the right to choose a doctor, conditioned by the outlined tolls, as well as identifying gaps and controversies in the legislation of Ukraine and judicial practice in law enforcement in this area. The main method of the study was the method of studying judicial practice, which allowed to assess the effectiveness of law enforcement, the level of perception of legislation in this area in practice, as well as to determine the necessity of improving the legal regulation. The study highlights the problematic aspects related to the exercise of the right to free choice of a doctor, in particular due to legislative changes regarding medical reform. The legal essence of the declaration on the choice of a primary care physician has been covered. The study clarifies that it is not a transaction, but a document certifying the exercise of the right to freely choose a primary care physician. The contract on medical care of the population under the programme of medical guarantees is analysed and its civil law matter is established. It is determined that it is a contract for the provision of services under the public procurement, concluded for the benefit of third parties. The reimbursement agreement was also investigated, which is also an agreement in favour of third parties – patients in terms of full or partial payment for their medicines. The judicial practice is analysed, which gives grounds to assert the problems with enforcement and administration of law, and proposals are made to improve the current legislation, including in the aspect of the subject of the contract under the programme of medical guarantees. The "legitimate expectation" that arises in a person in the presence of regulatory guarantees is under conventional protection, as illustrated by the European Court of Human Rights in its decisions, and to change the paradigm of implementation requires a transformation of legislation. The practical significance of this study is to intensify scientific intelligence in this direction, to improve the legal regulation of these innovative legal constructions, to optimise the enforcement and administration of law in the outlined civilistic plane
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Fisenko, Andrey P., Anna G. Timofeeva, Rimma N. Terletskaya, and Svetlana R. Konova. "Problems of legislation and law enforcement in the field of children’s health care." Russian Pediatric Journal 23, no. 3 (July 3, 2020): 171–77. http://dx.doi.org/10.18821/1560-9561-2020-23-3-171-177.
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Introduction. The protection of children’s health is considered to be the most important among the state priorities. The aim of the study was to study the problems of legislation and legal enforcement in the field of children’s health protection to develop proposals for further improvement of its management. Materials and methods. Analysis of information in abstract databases of scientific publications and assessment of existing legislative framework related to children’s health protection in the Russian Federation. Results. The following issues were identified: lack of mechanisms for implementing the principle of priority of children’s health protection; violation of children’s rights when providing them with medical and preventive care within the framework of mandatory medical insurance and when providing paid medical services; insufficient quality of preventive medical examinations and preventive work in outpatient clinics and educational institutions. Existing standards of time for a patient to visit a pediatrician have been shown to have a negative impact on the quality of medical (including preventive) care for children. The need to create a regulatory framework for the legitimate introduction of the “early assistance” technologies and to establish a system of medical and social support for children in difficult situations had been justified. Issues of school medicine and regulation of juvenile labor require a legislative solution. Conclusion. The enhancement of existing legislation in the field of children’s health should consist not only in new legal mechanisms development and new laws adoption but also in improving the effectiveness of existing legal norms, i.e. improving law enforcement practices.
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Benatar, Solomon R. "Global Health, Vulnerable Populations, and Law." Journal of Law, Medicine & Ethics 41, no. 1 (2013): 42–47. http://dx.doi.org/10.1111/jlme.12004.
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The most common response to the challenge of protecting health through law is to focus on protecting the rights of vulnerable individuals and to enhance their access to health care. Each one of us is vulnerable or potentially vulnerable because of the fragile, existential nature of the human condition. Catastrophic and unexpected events could instantaneously transform us from a state of total independence and potential vulnerability to one of extreme vulnerability and complete dependence. Some legal provisions have the potential to provide a modicum of protection when we find ourselves in those situations (for example, through legislation, effective emergency health services can be created to reduce the impact of our potential vulnerability). There are also legal provisions that contribute to beneficial social circumstances; for example, legislation enabling universal access to medical care, and operationalizing respect for the individual’s right to health care, as advocated for by other authors in this issue.
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Agustina, Enny. "CRIMINAL LAW POLICY IN HEALTH CARE." INTERNATIONAL JOURNAL OF RESEARCH IN LAW, ECONOMIC AND SOCIAL SCIENCES 1, no. 2 (December 8, 2019): 74–80. http://dx.doi.org/10.32501/injuriless.v1i2.67.
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Legislation in the health sector must always follow and fulfill the community needs. After that, it must be able to answer the problems of the community in the health sector, so that people feel at ease as citizens. It is the duty of the government so that people can enjoy health care at affordable costs. In addition, hospitals must always maintain their professionals. The problem this paper about how is criminal law policy in health care and the methods is Normative legal research is research conducted by examining library materials. This research on normative literature includes research on legal principles, research on legal systematic, research on the levels of vertical and horizontal synchronization, comparison of law and legal history. The result is obtained are in addition to criminal law, namely Law Number 1 Year 1946 on the Criminal Code, there are also several criminal policy that regulate criminal law protection in health care or medical. The laws and regulations are Law Number 36 Year 2009 on Health, Law Number 44 Year 2009 on Hospitals, Law Number 29 Year 2004 on Medical Practice and many other laws and regulations related to criminal policy in the health sector. Since ancient Greece, legal science has touched almost all aspects of human life, except the medical field. Health workers who existed at that time regulated their own work methods with professional codes of ethics and oaths that were deeply rooted in tradition and had a strong influence on society.
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Furrow, Barry R. "Quality Control in Health Care: Developments in the Law of Medical Malpractice." Journal of Law, Medicine & Ethics 21, no. 2 (1993): 173–92. http://dx.doi.org/10.1111/j.1748-720x.1993.tb01241.x.
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Physicians and institutional providers face expanding liability exposure today, in spite of state tort reform legislation and public awareness of the costs of malpractice for providers. Standards of practice are evolving rapidly; new medical technologies are being introduced at a rapid rate; information is proliferating as to treatment efficacy, patient risk, and diseases generally. Tort standards mirror this change. As medical standards of care evolve, they provide a benchmark against which to measure provider failure. The liability exposure of physicians is affected by (1) the generation of data, including outcomes data usable to profile physician practice, and statistical data that allows for predictions as to treatment efficacy, and patient prognosis; (2) obligations to inform patients and third parties of risk created by contagious disease and other sources of harm; (3) obligations of physicians to disclose risks that the provider creates for the patient; (4) obligations to disclose conflicts of interest arising out of the practice setting; and (5) duties arising from new epidemiological knowledge.
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Nikitchenko, Nataliia V., Andrii M. Khankevych, Dmytro V. Slynko, Tetiana I. Savchuk, and Viktor V. Lazariev. "A MEDICAL ERROR: DOES LAW HELP OR HINDER." Wiadomości Lekarskie 72, no. 4 (2019): 697–701. http://dx.doi.org/10.36740/wlek201904137.
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Introduction: Health systems and health policies across the European Union are becoming more and more interconnected and also more complex. This increased interconnection raises many health policy issues, including health care quality. Mistakes in medical care can occur anywhere in the health care system – at hospitals, doctor’s offices, nursing homes, pharmacies, or patients’ homes - and in any part of the treatment process involving wrong medication, improper treatment, or incorrect or delayed test results. The aim of the article is to develop adequate theoretical and scientific-practical proposals for the modernization of the legal regulation to protect patients’ rights aimed at observance of constitutional rights and freedoms. Materials and methods: In order to obtain the results the analysis of medical, labor and civil law norms are investigated. The article uses analysis and synthesis methods, as well as a comparative legal method. Review: A number of proposals are given for improving legislation in the area of eliminating obstacles to provision of qualitative primary care / medical-preventive care, prevention of formal attitude towards the patient, the implementation of preventive protection measures which should notify in advance about the violation of the law in the medical sphere. Conclusions: Ukraine urgently needs a legal mechanism to protect the rights of patients; it will become a systemic phenomenon and will consist of legal means, forms, ways by which the restoration of violated patients’ rights is provided, the support of protected interests by the law is maintained, legal disputes are resolved and other obstacles to realization of patients’ rights are overcome.
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Stubbings, JoAnn, and Hind T. Hatoum. "A Review and Analysis of the Medicaid Prudent Pharmaceutical Purchasing Bill and Its Impact on Managed Care Pharmacy." Journal of Pharmacy Practice 5, no. 2 (April 1992): 86–96. http://dx.doi.org/10.1177/089719009200500208.
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The Medicaid Prudent Pharmaceutical Purchasing Bill is designed to improve Medicaid patients' access to medications in return for signed rebate agreements from pharmaceutical manufacturers. The legislation also recognizes and attempts to develop the potential clinical role of pharmacy through mandates for drug utilization review, patient counseling, and electronic claims processing for Medicaid patients. Managed care pharmacy has a distinct advantage in the achievement of these clinical roles; it has already implemented drug utilization review and has electronic claims capabilities. This article reviews the legislation and describes the potential impact of the law on managed care pharmacy practice. The government is a major player in terms of setting health policy and trends in this country, and managed care pharmacy departments should be keenly aware of the legislative impact on overall future pharmacy trends. The potential exists for other government agencies and eventually the private sector to require and reimburse for provisions similar to those described in the Medicaid legislation. Managed care pharmacists should take a special interest in ensuring that the demonstration projects and studies mandated by the legislation show positive documentation of pharmacists' intervention so that eventually pharmacists will be properly compensated for such services in the public and private sectors.
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Lovchikova, I. A., A. A. Chursin, A. V. Podoprigora, S. N. Boev, D. E. Boev, O. P. Vislova, O. S. Sergeeva, and A. A. Zhukov. "Features of Simulation Training of Emergency Medical Care for Doctors of Nonurgent Specialties in the Framework of Continuing Medical Education." Virtual Technologies in Medicine 1, no. 3 (September 17, 2021): 134. http://dx.doi.org/10.46594/2687-0037_2021_3_1332.
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According to the current legislation medical institutions of any specialization and form of ownership are obliged to provide emergency medical care without delay and free of charge. Emergency medical care is not a profile one for many specialists and, within the framework of the current law, it is necessary to introduce an emergency medical care course into the CME system for all medical specialties at least once every five years, which will correspond to both the previously adopted system of postgraduate education and the existing standards of work of medical facilities.
Dissertations / Theses on the topic "Medical care – Law and legislation – Liberia"
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Ponce, Michael. "Healthcare fraud and non-fraud healthcare crimes: A comparison." CSUSB ScholarWorks, 2007. https://scholarworks.lib.csusb.edu/etd-project/3233.
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Healthcare fraud is a major problem within the healthcare industry. The study examined medical fraud, its laws, and punishments on federal and state levels. It compared medical fraud to non-fraud crimes done in the healthcare industry. This comparison will be done on a state level. The study attempted to analyze the severity of fraud against non-fraud and that doctors would commit fraud offenses more often than non-fraud offenses.
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Baer, Leonard. "Alternative health care in the 1990's: the influence of legal constraints on the locational behavior of acupuncturists, chiropractors, and homeopaths." Thesis, Virginia Tech, 1994. http://hdl.handle.net/10919/42625.
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This study showed that state laws and policies constrain the locational preferences of alternative health care providers to varying degrees, depending on the particular profession and level of legal status. Three separate surveys were conducted, focusing on acupuncturists, chiropractors and homeopaths in Maryland, Virginia, North Carolina, and the District of Columbia. The acupuncture findings revealed intraprofessional divisions that lead to a strong influence of legal constraints on the locational behavior of non-MD acupuncturists. Results from the chiropractic survey reflected an established profession with a less pronounced, but moderate, influence of state laws and policies on location and mobility. The homeopathy findings, while based on a much smaller sample, did not reveal a strong relationship between legal constraints and spatial characteristics, except in the extreme case of North Carolina's recent prohibition. This study also postulated a model to explain the progression of alternative health care professions toward legitimation. The variables of public acceptance and legal constraints on location were plotted on the model to identify particular levels of progression. The importance of this research is highlighted by impending health care reforms, the need for access to professional health services, skyrocketing biomedical costs, and the documented utilization of alternative health care in this country.Master of Science
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Loubser, Petrus Abel. "The future and sustainability of private medical care in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2007. http://hdl.handle.net/10019.1/21186.
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Thesis (MBA)--Stellenbosch University, 2007.ENGLISH ABSTRACT: This study provides an overview of the medical aid industry in South Africa and highlights the impact of the formation of the Council for Medical Schemes through the implementation of the Medical Schemes Act of 1998. The regulatory framework that governs the medical aids in South Africa is analysed. In this study. different medical aid funds are compared in terms of administration costs, required solvency levels and membership numbers relative to the acceptable industry averages. The main cost drivers of medical aid funds that could also threaten the future of private medical care are identified, as these services may not be affordable to most South Africans in the future. The new vision of government in terms of healthcare is outlined, and the regulations that will be implemented to transform the healthcare sector into a Social Health Insurance system, and ultimately into a National Health Insurance system. are analysed. The proposed mechanisms, such as the Risk Equalisation Fund, the Government Employees Medical Scheme and lowincome medical schemes, are discussed, highlighting all their advantages as well as the associated risks for the sustainability of private medical care. The proposed new legislation and the potential negative financial impact on the private medical industry are analysed with detailed reference to the Medical Schemes Act of 1998 and the Medicines and Related Substance Control and Amendment Act of 1997. The implications of fundamental changes proposed in private health insurance, such as community risk rating versus the traditional individual risk rating, are discussed. The negative impact of prescribed minimum benefits (which include HIV/Aids) on the financial sustainability of the medical aid industry is highlighted. The impact of HIV/Aids on the sustainability of the medical aid industry is discussed and some conclusions and recommendations are made regarding the financial sustainability of the medical aid industry and hence the future of private medical care in South Africa.
AFRIKAANSE OPSOMMING: Hierdie studie is 'n oorsig van die mediesefondsbedryf in Suid·Afrika, en beklemtoon die impak van die totstandkoming van die Raad van Mediese Skemas deur die impJementering van die Wet op Mediese Skemas van 1998. Hierdie regulatoriese raamwerk, wat mediese fondse in SuidAfrika tans reguleer, word in die studie ondersoek. In hierdie studie word van die grootste mediese fondse in tenne van administratiewe koste, voorgeskrewe fondsreserwes en lidmaatskapgetalle relatief tot die aanvaarde bedryfsnonne met rnekaar vergelyk. Die belangrikste koste-items vir mediese fondse wat die voortbestaan van privaat gesondheidsorg kao bedreig, word ontleed cmdat hierdie dienste in die toekoms vir die rneeste Suid-Afrikaners onbekostigbaar kan word. Die regering se nuwe visie vir gesondheidsorg word uiteengesit. asook die regulasies wat germplementeer sal word om die gesondheidsektor na 'n sosiale gesondheidsversekeringstelsel en uiteindelik na tn nasionale gesondheidstelsel te transfonneer. Die voorgestelde meganismes, seos die Risiko-egalisasiefonds, GEMS en laeinkomste-mediesefondse word bespreek, met al die relevante voor- en nadele, tesame met die geassosieerde risiko's vir die voortbestaan van privaat mediese dienste. Die voorgestelde wetgewing en die gevolglike negatiewe finansiele impak op die privaat gesondheidsbedryf, met spesifieke verwysing na die Wet op Mediese Skemas van 1998 asook die Wet op die Beheer van Medisyne en Verwante Middels van 1997, word ondersoek. Die implikasies van fundamentele veranderinge wat in terme van gesondheidsversekering voorgestel word, soos gemeenskapsrisikogradering teenoor individuelerisikogradering, word bespreek. Voorgeskrewe minimum voordele (wat MIV insluit) wat nou ingevolge wetgewing ten volle deur fondse betaal moet word, se potensiele negatiewe impak op die finansiele lewensvatbaarheid van mediese fondse word beklemtoon. Die potensiele negatiewe impak van die MIV-epidemie op die lewensvatbaarheid van die mediesefondsbedryf word bespreek en gevolg deur aanbevelings om die fmansiele lewensvatbaarheid en toekoms van die privaat gesondheidsbedryf in Suid-Afrika te verseker.
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Bannister, Tarryn. "The right to have access to health care services for survivors of gender-based violence." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71802.
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Thesis (LLM)--Stellenbosch University, 2012.Includes bibliography
ENGLISH ABSTRACT: In South Africa gender-based violence (hereafter “GBV”) has reached extreme levels. This violent manifestation of gender inequality is compounded by the fact that women are disproportionately affected by poverty, the HIV/AIDS epidemic and inadequate health care services. This is in spite of South Africa’s progressive constitutional and legislative framework which appears highly conducive to combating gender inequality and GBV. For example, the Constitution protects the right to equality (section 9), human dignity (section 10), life (section 11), freedom and security of the person (section 12) and the right to have access to health care services, including reproductive health (section 27(1)(a)). Extensive legislation has also been enacted for the protection of women. For example, the preamble to the Domestic Violence Act 116 of 1998 (hereafter “DVA”) recognises domestic violence as a serious social evil. While the DVA is notably silent as to the role of the health care sector, the DVA is progressive in that it contains a broad definition of domestic violence, and recognises a wide range of relationships. The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 also seeks to afford complainants of sexual offences “the maximum and least traumatising protection that the law can provide”. In addition to this, South Africa has international law obligations to address GBV and gender inequality. For example, under the Convention on the Elimination of All Forms of Discrimination against Women (1979), States are obliged to address private acts of violence and to remove discrimination against women in all fields, including health. However, despite this progressive framework of rights, some interpretations of these integral rights have been unduly formalistic, in addition to being disengaged from the lived reality of many women. There is also a substantial gap between policy and practice, with the implementation of existing legislation a continuing problem. It is therefore imperative that we analyse the right to have access to health care services through a gender lens so as to transcend a purely legalistic perspective and to interrogate gendered social processes and power relations. This thesis analyses how existing law and policy can be transformed so as to be more responsive to these lived realities and needs of survivors of GBV.
AFRIKAANSE OPSOMMING: Geslagsgebaseerde geweld (hierna ‘GGG’) in Suid-Afrika het uiterste vlakke bereik. Hierdie gewelddadige manifestasie van geslagsongelykheid word vererger deur die feit dat vroue buite verhouding erg deur armoede, die MIV/vigs-epidemie en ontoereikende gesondheidsorgdienste geraak word. Dit is ondanks Suid-Afrika se vooruitstrewende grondwetlike en wetsraamwerk wat op die oog af hoogs bevorderlik vir die bestryding van geslagsongelykheid en GGG voorkom. Die Grondwet verskans, byvoorbeeld, die reg op gelykheid (artikel 9), menswaardigheid (artikel 10), lewe (artikel 11), vryheid en sekerheid van die persoon (artikel 12) en toegang tot gesondheidsorgdienste, met inbegrip van reproduktiewe gesondheidsorg (artikel 27(1)(a)). Omvattende wetgewing oor vrouebeskerming is ook reeds uitgevaardig. Die aanhef tot die Wet op Gesinsgeweld 116 van 1998 (hierna die ‘WGG’) identifiseer, byvoorbeeld, huishoudelike geweld as ’n ernstige maatskaplike euwel. Hoewel die WGG swyg oor die rol van die gesondheidsorgsektor, is dit nietemin vooruitstrewend aangesien dit ’n uitgebreide omskrywing van huishoudelike geweld bevat en ’n wye verskeidenheid verhoudings erken. Die Wysigingswet op die Strafreg (Seksuele Misdrywe en Verwante Aangeleenthede) 32 van 2007 is ook daarop afgestem om klaagsters van seksuele oortredings “die omvattendste en mins traumatiese beskerming te gee wat die wet kan bied”. Daarbenewens verkeer Suid-Afrika onder internasionale regsverpligtinge om GGG en geslagsongelykheid aan te spreek. Ingevolge die Konvensie vir die Uitwissing van Alle Vorme van Diskriminasie teen Vroue (1979), byvoorbeeld, is state verplig om privaat geweldsdade teen te staan en diskriminasie teen vroue op alle gebiede te verwyder, insluitend gesondheid. Nietemin, benewens hierdie vooruitstrewende menseregteraamwerk is sommige interpretasies van hierdie onafskeidbare regte nie net oormatig formalisties nie, maar ook verwyderd van die daaglikse realiteit van baie vroue. Daar is ook ʼn wesenlike gaping tussen beleidsmaatreëls en die praktyk, terwyl die uitvoering van bestaande wetgewing ʼn voortgesette probleem verteenwoordig. Dit is dus gebiedend om die reg op toegang tot gesondheidsorgdienste deur ʼn geslagslens te analiseer om sodoende ʼn bloot regsgedrewe perspektief te bo te gaan en om maatskaplike prosesse en magsverhoudinge in oënskou te neem. Hierdie tesis analiseer hoe bestaande wetsraamwerke en beleidsmaatreëls getransformeer kan word om beter te reageer op die realiteite en behoeftes van oorlewendes van GGG.
Stellenbosch University Hope Project
Bradlow Foundation
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Motamakore, Shelton Tapiwa. "Expanding access to essential medicines through the right to health: a case study of South Africa." Thesis, University of Fort Hare, 2015. http://hdl.handle.net/10353/5620.
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Lack of access to essential medicines has proven to be a persisting problem which is in conflict with the goal of realising the right to health envisaged by the South African constitution and international human rights instruments. With more than twenty years of democracy, South Africa is still plaguing with a multiplicity of pandemics such as HIV and AIDS, cancer, malaria, tuberculosis, among others, leading to premature death and untold suffering of the people. According to a 2015 United Nations AIDS (UNAIDS) Gap report, South Africa is still regarded as the epicentre of HIV and other infectious diseases. The 2015 UNAIDS Gap report states that South Africa has more women than men living with HIV and AIDS. The report further indicates that the impact of this pandemic is worsened by the inaccessibility of essential medicines that are vital for life saving. This dissertation posits that the epidemiological health crisis described above can be largely eradicated through the utilisation of the right to health. The right to health, according to this dissertation, contains a legal and transformative power which can be utilised to limit the negative impact of patent laws on access to essential medicines in South Africa. This dissertation validates the long held view that World Trade Organisation (WTO) intellectual property laws have contributed to the inaccessibility of essential medicines through causing patent ever greening, patent linkages and pharmaceutical company’s monopolies. Consequently, many marginalised groups in South Africa lack access to essential medicines owing to the higher prices charged for such medicines thus violating the right to health, life and other fundamental human rights. The right to health which is the immediate right infringed when there is lack of access to essential medicines form the core theme of this dissertation. This dissertation argues that access to essential medicine is a fundamental part of the right to health protected under international and national human rights instruments. This dissertation further argue that the right to health imposes obligations which requires South African government to take reasonable legislative and other measures, within its available resources, to provide access to essential medicines. The dissertation‘s key contribution is its proposed solutions on how to ensure that patents rules in South Africa are tamed with obligations consistent with the right to health. If properly implemented, these solutions have the potential to give greater specification to the normative commitments imposed by the right to health in the patent claims scenarios.
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Brogienė, Daiva. "Patients' rights to quality in health care and health damage compensation." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20100507_093057-38617.
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Objects of dissertation: the quality in health care inpatient institutions and health damage compensation in medical malpractice litigation cases. This work is a scientific assessment of the implementation of the patients‘ rights to quality in health care and health damage compensation in Lithuania, where the functioning of two patients' rights is assessed in a systematic and integrated manner, both in the medical and the legal aspect. Research: the modified Picker Institute‘s questionnaire was used for the scientific research of 1917 patients treated in hospitals in order to examine and assess their opinions on the quality of health care provided to them and evaluate the opportunities to realize their right to health care of good quality. The study analyzed 32 medical malpractice lawsuit cases of general jurisdiction courts in terms of the principles of health damage compensation, procedural characteristics and efficiency. Conclusions: statutory regulation of patients 'rights to quality in health care services and health damage compensation in Lithuania meets international and European patients' rights protection principles. The research showed that the vast majority of surveyed patients (nine out of ten) realized their right to quality in health care service in the hospital. However, six out of ten plaintiffs received the health damage compensation, plaintiffs were awarded only nearly a fifth of the requested overall pecuniary and non-pecuniary damages.Disertacijos objektai: sveikatos priežiūros paslaugų kokybė stacionarinėse asmens sveikatos priežiūros įstaigose ir žalos sveikatai atlyginimas gydytojų civilinės atsakomybės bylose. Šis darbas - pacientų teisių į kokybišką sveikatos priežiūros paslaugą ir žalos sveikatai atlyginimą įgyvendinimo mokslinis vertinimas Lietuvoje. Iki šiolei paciento teisė į kokybišką sveikatos priežiūros paslaugą nacionaliniuose moksliniuose darbuose buvo analizuojama kokybės vadybos aspektu, o teisė į žalos sveikatai atlyginimą buvo vertinama pagal galiojančius teisės aktus ir Lietuvos teismų praktiką. Tai pirmasis mokslinis darbas, kuomet dviejų pacientų teisių funkcionavimas vertinamas sistemiškai ir integruotai, kartu tiek medicininiu, tiek teisiniu požiūriais. Tyrimai. Pritaikius Europos Picker instituto modifikuotą klausimyną tirta 1917 stacionarinėse asmens sveikatos priežiūros įstaigose gydytų pacientų nuomonė apie jiems suteiktų sveikatos priežiūros paslaugų kokybę ir vertintos pacientų galimybės realizuoti teisę į kokybišką sveikatos priežiūros paslaugą. Analizuotos 32 LR bendrosios kompetencijos teismų civilinės bylos dėl žalos sveikatai atlyginimo, vertinant patirtos žalos sveikatai kompensavimo principus, procesinius ypatumus bei efektyvumą, atskleidžiant probleminius paciento teisės į žalos sveikatai atlyginimą įgyvendinimo aspektus. Disertacijos išvadose konstatuojama, kad paciento teisių į kokybišką sveikatos priežiūros paslaugą ir žalos sveikatai atlyginimą įstatyminis... [toliau žr. visą tekstą]
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Hayne, Shelby. "An Analysis and Critique of Mental Health Treatment in American State Prisons and Proposal for Improved Care." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/scripps_theses/1256.
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Mental health treatment in state prisons is revealed to be highly variable, under-funded, and systematically inadequate. Existing literature exposes this injustice but fails to provide a comprehensive proposal for reform. This paper attempts to fill that gap, outlining a cost-effective, evidence-based treatment proposal, directly addressing the deficits in care revealed through analysis of our current system. In addition, this paper provides historical overviews of the prison system and mental health treatment, utilizing theoretical perspectives to contextualize this proposal in the present state of affairs. Lastly, the evidence is provided to emphasize the potential economic and social benefits of improving mental health treatment in state prisons. Significant findings suggest a clear financial, legal, and moral incentive for states to address this issue, while the proposal provides a viable method of doing so.
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Nwafor, Gloria Chidimma. "Protection of the right of healthcare of people infected with ebola virus disease (EVD) : a human rights-based approach." Diss., 2016. http://hdl.handle.net/11602/623.
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LLMDepartment of Public Law
Human rights are those inalienable rights of an individual by virtue of being a human being. They are guaranteed by various domestic and international instruments. This research argues that despite the existence of these instruments and wide acceptances of international human rights standards that seek to protect the right to healthcare, the people infected with Ebola Virus Disease (EVD) are victims of a wide range of constraints to their right to healthcare as a result of the failure by the governments of the respective nations where the impacts of the EVD are mostly felt to discharge their obligations under those instruments. The rights of the people infected with EVD are often violated because of their presumed or known EVD status, causing them to suffer both the burden of the disease and the social burden of discrimination and stigmatisation which could deter the infected persons from accessing available treatment. This would invariably contribute to the spread of the disease. The research further exposes the dilemma posed by the EVD to the healthcare system, where healthcare providers are caught between the rock of selfpreservation from a highly virulent disease and the hard place of discharging their Hippocratic Oath which prescribes ethical guidelines for the discharge of the duties of the medical profession. The present research, which is novel in the field of medico-legal research, seeks to proffer answers to this conundrum.
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Bierman, Johanna Katriena. "Legal limitations in primary health care nursing practice." Thesis, 2012. http://hdl.handle.net/10210/4392.
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M.Cur.The legal limitations in the practice of the Primary Health Care nurse (PHC nurse)' in the RSA have direct implications for the achievement of the goal "Health for all by the year 2000". The questions which had to be answered by means of the research are in relation to the legal limitations, the nature and scope of the limitations as well as to how these limitations should be addressed in order to facilitate the practice of the PHC nurse. A content analysis of selected health legislation was done and recommendations formulated to amend and/or clarify certain health legislation. The research design is an exploratory descriptive study with a qualitative research orientation. A content analysis of certain professional and relevant health legislation showed legal limitations in the practice of the PHC nurse. Experts in the field of PHC who were interviewed confirmed that there are limitations in the practice of the PHC nurse. The limitations identified were the following: • limitations in certain health professions and other health legislation • limitations caused by the interpretation of legislation by health professions • limitations due to the attitudes and perceptions of medical practitioners, pharmacists and nurses in respect of the role and functions of the PHC nurse The conclusions indicate that there are limitations in the practice of the PHC nurse which have direct implications for the achievement of the objectives of the National Health Policy, 1989. Recommendations include the amendment of certain health legislation, addressing limitations caused by attitudes and perceptions at educational, professional, policy making and management levels, for nurses, medical practitioners and pharmacists.
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Rush, Joan L. "Stillborn autonomy : why the Representation Agreement Act of British Columbia fails as advance directive legislation." Thesis, 2005. http://hdl.handle.net/2429/17543.
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An advance directive is an instruction made by a competent person about his or her
preferred health care choices, should the person become incapable to make treatment
decisions. Legal recognition of advance directives has developed over the last half
century in response to medical advances that can prolong the life of a patient who is no
longer sentient, and who has decided to forego some or all treatment under such
circumstances. Two types of directive have emerged in the law: an instructional
directive, in which a person sets out treatment choices, and a proxy directive, which
enables the person to appoint a proxy to make treatment decisions.
Development of the law has been impeded by fear that advance directives diminish
regard for the sanctity of life and potentially authorize euthanasia or assisted suicide. In
Canada, this fear explains the continued existence of outdated criminal law prohibitions
and contributes to provincial advance directive legislation that is disharmonized and
restrictive, in some provinces limiting personal choice about the type of advance directive
that can be made. The British Columbia Representation Agreement Act (RAA)1 is an
example of such restrictive legislation. The RAA imposes onerous execution
requirements, is unduly complex and restricts choice of planning instrument.
Respect for patient autonomy requires that health care providers honour patients'
prospective treatment preferences. Capable persons must have ready access to a choice
of health care planning instruments which can be easily executed. B.C. should
implement advance directive legislation that meets the needs and respects the autonomy
of B.C. citizens. The Criminal Code must be amended to eliminate physicians' concern
about potential criminal liability for following an advance directive. Advance directive
legislation across Canada should be harmonized. Finally, health care providers should
receive training on effective ways to communicate with patients about end-of-life
treatment decisions to ensure that patients' health care choices are known and respected.Law, Peter A. Allard School of
Graduate
Books on the topic "Medical care – Law and legislation – Liberia"
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Libertad de conciencia y derechos del usuario de los servicios sanitarios. Bilbao: Servicio Editorial de la Universidad del Pais Vasco, Euskal Herriko Unibersitateko Argitalpen Zerbitua, 2005.
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Libertad de conciencia y derecho sanitario en España y Latinoamérica. Granada: Comares, 2010.
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United States. Congress. House. A bill to amend title XVIII of the Social Security Act to clarify the right of Medicare beneficiaries to enter into private contracts with physicians and other health care professionals for the provision of health services for which no payment is sought under the Medicare program. [Washington, D.C.?]: [United States Government Printing Office], 2002.
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United States. Congress. Senate. A bill to amend title XVIII of the Social Security Act to clarify the right of Medicare beneficiaries to enter into private contracts with physicians and other health care professionals for the provision of health services for which no payment is sought under the Medicare program. [Washington, D.C.?]: [United States Government Printing Office], 1997.
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Montgomery, Jonathan. Health care law. 2nd ed. Oxford: Oxford University Press, 2003.
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Scheutzow, Susan O. Ohio health care provider law. Cleveland, Ohio: Banks-Baldwin Law Pub., 1994.
Find full textBook chapters on the topic "Medical care – Law and legislation – Liberia"
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de Ruijter, Anniek. "EU Health Care: Access to Medical Care." In EU Health Law & Policy, 151–75. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198788096.003.0006.
Full textAbstract:
This chapter examines developments regarding EU legislation in the area of health care, rather than public health. The chapter is a case study looking into the processes and the involvement of different EU institutional actors and policy mechanisms in the adoption of the Directive on patients’ rights in cross-border health care (‘the Directive’). First, the chapter introduces the Directive itself, and considers whether it expands access to health care across the EU. Second, it turns to the way the Directive was adopted, focusing particularly on the different roles of EU institutional actors and the discourse and controversies that developed in health care in the EU as a result of the legislative process. Last, the chapter addresses the expansion of EU health-care policy beyond the adoption of the new Directive that resulted from the increased discourse on health care and its impact for individual rights and access to health care.
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Jackson, Emily. "1. An Introduction to Bioethics." In Medical Law, 1–35. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198825845.003.0001.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter, which provides an introduction to bioethical reasoning, first explains the meaning of ‘medical ethics’ and the more recent term ‘bioethics’. It then considers how medical ethics has borrowed from different traditions in moral philosophy and varieties of ethical reasoning—from religious bioethics to a feminist ethic of care.
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Jackson, Emily. "2. The Provision of HealthCare Services: The NHS, Resource Allocation, and Public Health." In Medical Law, 37–120. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198825845.003.0002.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the provision of health care services. It first considers the way in which NHS services are commissioned. Secondly, it covers the issue of resource allocation or rationing. It examines different rationing strategies, and considers the role of the National Institute of Health and Care Excellence, and the use of judicial review to challenge funding decisions. Finally, it examines public health law, and role of the state in encouraging healthy behaviour and addressing health inequalities.
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Samanta, Jo, and Ash Samanta. "9. The end of life." In Medical Law Concentrate, 156–76. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198871354.003.0009.
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This chapter deals with key legal and ethical issues surrounding end-of-life decisions, with particular reference to physician-assisted death, such as euthanasia. Suicide and assisted suicide, administration of pain relief, and futility are considered. Relevant legislation such as the Suicide Act 1961 (as amended by the Coroners and Justice Act 2009), the Human Rights Act 1998, and the Mental Capacity Act 2005 are discussed. The chapter examines several bioethical principles, including sanctity-of-life and quality-of-life debates; autonomy, beneficence, and medical paternalism; personhood, palliative care, and the double effect doctrine. Finally, it considers human rights issues, treatment requests, incompetent patients, prolonged disorders of consciousness, and locked-in syndrome. Recent cases are considered.
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Minthe, Mamadou Bengaly, and Assyatou Bobo Sow. "Mali." In Dementia Care: International Perspectives, 9–14. Oxford University Press, 2019. http://dx.doi.org/10.1093/med/9780198796046.003.0002.
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In Mali, there are no specific official programmes for the medical care of dementia. However, there is a law (decree 95-368/P-RM du 13 octobre 1995) that stipulates the free nature of medical consultations, with the elderly benefiting from a 50% reduction in costs of medical care. The challenge in the future would be the legislation for free treatment of psychiatric illnesses in general and of dementia in particular. The therapeutic approach to dementia care in Mali is multidimensional and includes spiritual, traditional (medicinal plants), and social therapy, which is the most important in the management of dementia. Daily recitation and teaching of the holy book (Quran) is part of prevention and treatment of dementia in current Sufi Islam. The cosmovision of Dogon (worldview of a culture or civilization, especially its relationship with the animated or environment) has its own method for the prevention and treatment of dementia. This chapter describes the sociological aspects, preventative measures, and traditional therapy (Dogon ethnopharmacology) of dementia.
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Walsh, Andrew, and Simon Steeves. "Mental health law." In Fundamentals of Mental Health Nursing. Oxford University Press, 2009. http://dx.doi.org/10.1093/oso/9780199547746.003.0009.
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This book has been written to reflect modern ideas about what constitutes good mental health nursing care, and you will see that values such as partnership working within the framework of a therapeutic relationship have been deliberately stressed. However, the role of the mental health nurse has always required some involvement in what is essentially custodial care. It is necessary for us as mental health nurses to try to balance the demands of these two seemingly paradoxical elements of the role of a mental health nurse. This chapter is intended to introduce you to some aspects of mental health law. We have partly based this upon the law as it currently applies in England and Wales but you will notice that we have also tried to include some material from an international perspective. The history of the profession of mental health nursing is inextricably bound up with the story of the rise and fall of the asylum and with institutionalized models of care. It was only following the Macmillan commission, which was set up to investigate allegations of abuse at Prestwich Hospital in 1924, that the term ‘psychiatric nurse’ (which later evolved to mental health nurse, Department of Health 1994) became a commonly used description (Coppock and Hopton 2000). Prior to this time, people working in institutions for the mentally disordered were more oft en referred to as ‘attendants’ or ‘keepers’ (Nolan 1998), and as these names imply, their roles were mostly custodial or supervisory in nature. Mental health nursing has moved away from this limited model of providing ‘care’ but is still unusual amongst other health care professions in that its members continue to be involved in compulsory detention (even though the main responsibility for this rests with the medical profession; Rogers and Pilgrim 2001). In England and Wales the 1983 Mental Health Act and its 2007 update is currently the legislation directing compulsory treatment of people with mental disorder. In common with legislation in most countries, this Mental Health Act aims to achieve a balance between the rights of the individual mental health patient to be treated and protected and the perceived need to protect others.
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Wheat, Kay. "The law relating to mental capacity and mental health." In Oxford Textbook of Old Age Psychiatry, 907–16. Oxford University Press, 2020. http://dx.doi.org/10.1093/med/9780198807292.003.0058.
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This chapter examines two key areas of law relating to medical treatment and care of those with mental disorder. The question of decision-making capacity is important for health care professionals, as well as other carers and agents dealing with older people. The law relating to this is covered by the Mental Capacity Act 2005 supplemented by previous case law where this is still relevant, and the key aspect of the law is the ability to treat people without capacity in their best interests. However, in the case of some patients, it may be necessary to use the Mental Health Act 1983. This legislation is focused, not on the capacity of the patient, but upon the effect that a mental disorder can have upon the patient risking damage to their own wellbeing, or to the wellbeing of others. The relationship between the two areas is not always clear.
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Rouzbehani, Khadijeh Roya. "Generosity in Healthcare Policy Under the Obama Administration." In Encyclopedia of Information Science and Technology, Fifth Edition, 1850–59. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-3479-3.ch128.
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The landmark United States healthcare reform law—the Affordable Care Act—provides an opportunity to study the dynamics in healthcare sector.This article posits that the Affordable Care Act (ACA) constitutes an effective public policy alternative that remedies some of the previous problems which existed in America's healthcare system. The ACA seeks to reform the private insurance market, expand Medicaid to the working poor and to change the way medical decisions are made in end-of-life decisions. The central hypothesis of this paper is that the ACA is an improved alternative to the previous policy regime on healthcare in the United States. This hypothesis is unambiguously supported by the rational resource allocation model together with a host of other heuristic approaches. Claims made in this paper also relied on findings of empirical studies, reports, and evaluative studies on the performance of the ACA since its enactment into national legislation under the Obama administration.
Conference papers on the topic "Medical care – Law and legislation – Liberia"
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Kobzeva, N. D., R. S. Durov, E. V. Varnakova, and K. O. Kobzev. "DEVELOPMENT OF MEDICAL LAW FROM ITS ORIGINS TO THE PRESENT STATE." In STATE AND DEVELOPMENT PROSPECTS OF AGRIBUSINESS. DSTU-PRINT, 2020. http://dx.doi.org/10.23947/interagro.2020.1.597-599.
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This article examines the historical aspects of the formation of medical law, actualizes the main legal acts of Russia in the field of health care. Several chronological stages of development of the Russian legislation in the field of medical activity are allocated.
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Shalkharov, Y. S. "DEVELOPMENT OF THE MEDICAL LAW SYSTEM IN EUROPE AND ASIA BY THE WAY OF CONSTRUCTION WELL ORGANIZED MEDICAL CARE INSURANCE SYSTEM BASED ON CONSUMER PROTECTION LEGISLATION." In The First International conference on development of jurisprudence in Eurasia. Viena: East West Association GmbH, 2014. http://dx.doi.org/10.20534/icdje-1-15-17.
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