HealthLawProf Blog

Editor: Katharine Van Tassel
Concordia University School of Law

Friday, May 20, 2005

A New Take on Health Care Reform

Cook_1 Rebecca J. Cook, Professor and Faculty Chair in International Human Rights, and Co-Director of the International Programme on Reproductive and Sexual Health Law in the Faculty of Law at the University of Toronto.University of Toronto, has written a new article entitled, "Exploring Fairness in Health Care Reform" that appears in the Journal for Juridical Science, Vol. 29, No. 3, pp. 1-27, 2004.  The abstract follows:

This article considers the increasing challenge of the fair allocation of scarce public health care resources by focusing on services for women and girls. It considers different ways of thinking about fairness in health care reform, the role of courts in promoting fairness, and the use of affirmative action measures to remedy health disparities. The health of individuals and populations is shown to be affected by clinical services, the organization and functioning of health systems, and underlying socio-economic determinants. Different theories of justice are addressed that affect assessments of fairness, considering availability, accessibility, acceptability of and accountability for services. The transition in judicial dispositions is traced, from deference to governmental resource allocation decisions to evidence-based scrutiny of governmental observance of constitutional and human rights legal obligations.

The appropriate use of affirmative action measures to improve equality in health status is explored, given the increasingly unacceptable disparities in health among subgroups of women within countries.

The full article is available here.  [bm]

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