Can Rights Cure?

• Author: Marius Pieterse
• Year of Publication: 2014
• Language: English
• Physical Description: 1 electronic resource (194 p.)

Can Rights Cure? by Marius Pieterse 2014 ISBN: 978-1-920538-27-9 Pages: 194 Print version: Available Electronic version: Free PDF available

Table of Contents

• 1 Rights, health, courts and transformation
• 1.1 Introduction
• 1.2 The state of the South African health system
• 1.3 Content and dimensions of the right to health
• 1.3.1 International law
• 1.3.2 South African constitutional law
• Health-related freedoms
• The right to equality
• Rights to non-medicinal determinants of health
• Rights to health care services
• 1.4 Justiciability of the right to health
• 1.5 Conclusion: Aims and objectives of this book
• 2 Rights through legislation/legislation through rights: Health law and policy in the Constitutional era
• 2.1 Introduction
• 2.2 Health care legislation in post-democracy South Africa and its impact on access to care
• 2.2.1 The Choice on Termination of Pregnancy Act 92 of 1996
• 2.2.2 The National Health Act 61 of 2003
• 2.2.3 The Medical Schemes Act 131 of 1998
• 2.2.4 Overview: Transformation through health legislation and policy?
• 2.3 Assessing legislative and executive compliance with constitutional health rights: The Constitutional Court's approach
• 2.4 Conclusion
• 3 Health rights litigation, individual entitlements and bureaucratic impact
• 3.1 Introduction
• 3.2 The health rights judgments and their aftermaths
• 3.2.1 Van Biljon v Minister of Correctional Services
• 3.2.2 Soobramoney v Minister of Health (KwaZulu-Natal)
• 3.2.3 Minister of Health v Treatment Action Campaign
• 3.2.4 Minister of Health v New Clicks South Africa
• 3.2.5 N v Government of the Republic of South Africa
• 3.2.6 Law Society of South Africa v Minister of Transport
• 3.2.7 Lee v Minister of Correctional Services
• 3.3 The impact of the health rights judgments on individual and collective struggles for access to health care services
• 3.4 The impact of rights-vindication on health system reform
• 3.5 Conclusion
• 4 Rights and resources: The limits of justiciability?
• 4.1 Introduction
• 4.2 Rights discourse, resource allocation and the unmasking of tragic choices
• 4.3 Rights as directives for resource allocation and rationing
• 4.3.1 Possible normative directives embodied by health-related rights in the South African Constitution
• 4.3.2 Institutional obstacles to providing normative resource-related directives through the courts
• 4.4 Assessing the impact of South African human rights jurisprudence on health budgeting and financing
• 4.5 Rights and contemporary health financing policy debates
• 4.6 Conclusion
• 5 Rights, horizontality and regulation: facing the public/private divide
• 5.1 Introduction
• 5.2 Rights as impetus for private health sector regulation
• 5.3 Rights as parameters for private health sector regulation
• 5.3.1 Health care practitioners' freedom of occupational choice
• 5.3.2 Patients' right of access to care
• 5.4 Beyond regulation: Towards enforcing human rights obligations in the private health sector
• 5.5 Conclusion
• 6 Rights as restraints?: Balancing individual liberties and public health
• 6.1 Introduction
• 6.2 Assessing the human rights impact of public health policies
• 6.3 Public health and the South African Bill of Rights
• 6.4 Rights, limitations and the prevention of multi-drug resistant (MDR) and extreme drug resistant (XDR) tuberculosis
• 6.4.1 Adopting a human-rights framework to current laws, policies and practices aimed at MDR and XDR-TB prevention
• 6.4.2 How not to apply a human-rights framework: Minister of Health, Western Cape v Goliath 1
• 6.5 Conclusion
• BIBLIOGRAPHY.