The Pluralist Right to Health Care: A Framework and Case Study

By Michael Da Silva

© 2021

Health rights are a common but controversial legal phenomenon. Every country is signatory to a treaty that incorporates health rights, yet existing health rights do not easily fit the traditional "claim right" model, and questions remain over how to theoretically incorporate health rights into domestic systems. The Pluralist Right to Health Care addresses this break between theory and practice with an account of the right to health care that is philosophically and practically sound.

Utilizing a pluralist framework, Michael Da Silva argues that the right to health care is best understood as a set of claims to related ends: the goods necessary for a dignified existence, procedural fairness in determining what other goods to provide and in the provision of goods, and a functioning health care system. Through philosophical reasoning, analysis of relevant international human rights law, and a close study of the Canadian case, The Pluralist Right to Health Care provides crucial insight into the potential of law and policy to improve health care systems in Canada and beyond.

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Product Details

  • World Rights
  • Page Count: 368 pages
  • Dimensions: 6.0in x 1.0in x 9.0in
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SKU# SP006563

  • AVAILABLE JUN 2021

    From: $56.25

    Regular Price: $75.00

    ISBN 9781487508722
  • AVAILABLE JUN 2021

    From: $56.25

    Regular Price: $75.00

Quick Overview

Offering a new conception of the right to health care as a complex but morally justifiable and realistically achievable right, this book helps resolve persistent problems with the idea of health rights.

The Pluralist Right to Health Care: A Framework and Case Study

By Michael Da Silva

© 2021

Health rights are a common but controversial legal phenomenon. Every country is signatory to a treaty that incorporates health rights, yet existing health rights do not easily fit the traditional "claim right" model, and questions remain over how to theoretically incorporate health rights into domestic systems. The Pluralist Right to Health Care addresses this break between theory and practice with an account of the right to health care that is philosophically and practically sound.

Utilizing a pluralist framework, Michael Da Silva argues that the right to health care is best understood as a set of claims to related ends: the goods necessary for a dignified existence, procedural fairness in determining what other goods to provide and in the provision of goods, and a functioning health care system. Through philosophical reasoning, analysis of relevant international human rights law, and a close study of the Canadian case, The Pluralist Right to Health Care provides crucial insight into the potential of law and policy to improve health care systems in Canada and beyond.

Continue Reading Read Less

Product Details

  • World Rights
  • Page Count: 368 pages
  • Dimensions: 6.0in x 1.0in x 9.0in
  • Author Information

    Michael Da Silva is the Alex Trebek Post-Doctoral Fellow in Artificial Intelligence and Healthcare at the University of Ottawa.
  • Table of contents

    Chapter 1: Introduction 
    Health Rights: The Phenomenon and the Problem 
    The Existing Literature 
    The Current Project 

    Part I: Conceptualizing and Measuring the Right to Health Care 

    Chapter 2: Health Rights: A Taxonomy 
    Introduction
    Rights and Duties 
    A Brief Taxonomy of Health Rights (and Health Rights Projects)
    The Present Project’s Place in the Taxonomy
    Problems Facing Existing Health Rights 
    Conclusion 

    Chapter 3: The Case for a Pluralist Conception of the Right to Health Care 
    Introduction
    A Pluralist Model is Necessary to Account for the Right’s Uncontroversial Features 
    (a) The Goods Necessary for a Dignified Existence Jointly Constitute a Necessary Component of the Right to Health Care
    (b) The Goods Necessary for a Dignified Existence Alone Do Not Capture All That Should Be Under the Right to Health Care 
    (c) Procedural Fairness in Health Care Allocation is a Necessary Component of the Right to Health Care
    (d) Procedural Fairness Alone Does Not Capture All That Should Be Under the Right to Health Care 
    (e) A Functioning Health Care System is a Necessary Component of the Right to Health Care 
    (f) A Functioning Health Care System Alone Does Not Capture All That Should Be Under the Right to Health Care
    The Pluralist Model Has Further Advantages
    The Pluralist Model Can Withstand (Other) Serious Criticisms One May Raise Against It
    (a) Objection 1: The Minimum Floor Remains Subject to Problems Plaguing Any Attempt at Specifying Content 
    (b) Objection 2: The Pluralist Model Cannot Identify a Traditional Right 
    (c) Objection 3: Dignity Cannot Form the Basis of a Justiciable Right 
    (d) Objection 4: Health Outcomes Should Be Primary
    (e) Objection 5: Applying Constitutional Standards is Preferable 
    Conclusion 

    Chapter 4: The Pluralist Right to Health Care and International Human Rights Law 
    Introduction 
    Methodology 
    The Core Components of the International Right to Health Reflect Concerns with Each Element of the Pluralist Right to Health Care and Instantiate the Pluralist Right 
    (a) Universal Access to Health Care 
    (b) Prioritization of Certain Goods and Peoples 
    (c) Progressive Realization of Other Aspects of the Right 
    (d) Modes of Domestic Implementation 
    (e) Remedies 
    (f) Improved Health Outcomes 
    Conclusion

    Appendix 1: A (Non-Exhaustive) List of Key Sources for Identifying the International Right to Health Care 

    Chapter 5: Metrics for Realization of the Right to Health Care
    Introduction
    International Law and Empirical Metrics 
    Metrics for Right to Health Care Realization 
    (A) Health Care System/Policy Markers 
    (B) Self-Defined Benchmarks and Indicators 
    (C) Coverage of and Access to Essential Goods 
    (D) Daniels and Sabin’s Fairness Markers 
    (E) Rates of Access to the Goods Selected in the Process from (d) 
    (F) Progressive Realization 
    Dual Application of the Metrics 
    Putting the Metrics to Work 
    Objections and Replies 
    (a) Objection 1: These Metrics Do Not Easily Map onto the Components of the Pluralist Right 
    (b) Objection 2: No State Can or Should Be Expected to Score Well on All These Metrics
    (c) Objection 3: These Metrics Break with An Important Development in International Law
    (d) Objection 4: These Metrics Ignore the Perspective of Rights Holders 
    Conclusion

    Appendix 2: Metrics for Comparative Analysis of Right to Health Care Implementation

    Part II: The Right to Health Care in Canada: A Case Study in Realization

    Chapter 6: The Mainstream Canadian Health Care System and the Pluralist Right to Health Care
    Introduction
    An Introduction to the Canadian Health Care System
    The Mainstream Canadian Health Care System Does Not Ensure Access to Many Goods Necessary for a Dignified Existence 
    The Mainstream Canadian Health Care System Fulfills Some, But Not All, Aspects of Accountability for Reasonableness 
    The Mainstream Canadian Health Care System Does Not Have All the Systemic Elements Demanded by the Pluralist Right to Health Care 
    Canada’s Progressive Realization of the Right is Difficult to Assess and Substantive Progress Appears Minimal
    Conclusion

    Chapter 7: Vulnerable Populations in Canada and the Pluralist Right to Health Care
    Introduction 
    An Introduction to Two Vulnerable Population-Specific Programs: The IFHP and the NIHBP
    The IFHP and NIHBP Fill Some Gaps in Essential Goods Coverage for Some Persons, but Barriers to Access Remain 
    The IFHP and NIHBP Do Not Fulfill All Procedural Demands of the Pluralist Right to Health Care 
    The IFHP and NIHBP Help Fill in Some Gaps in Canada’s Realization of the Systemic Component of the Pluralist Right to Health Care
    The NIHBP is Gradually Progressively Realizing the Right 
    The IFHP Required Multiple Interventions to Avoid Serious Deliberate Retrogression in Right to Health Care Realization 
    Conclusion 

    Chapter 8: Tools for Better Realizing the Pluralist Right to Health Care in Canada
    Introduction 
    Three Branches of Canadian Public Law
    (a) Constitutional Law
    (b) Human Rights Law
    (c) Non-Human Rights-Based Administrative Law
    Possible Legal Paths Forward
    (a) Constitutional Law
    (b) Human Rights Law
    (b) Non-Human Rights-Based Administrative Law
    Conclusion
    Conclusion: Next Steps

    Chapter 9: Concluding Thoughts and the Path(s) Forward
    Introduction 
    Summary
    Directions for Future Research

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