Healthcare Reform with Special Reference to the Affordable Care Act (IRAT, exam 2) Flashcards
1946
First proclaimed in the WHO constitution: standard of health is a fundamental right of every human
1948
Universal Declaration of Human Rights
1966
International Covenant on Economic, Social & Cultural Rights (ICESCR)
ICESCR is recognized globally as
the key instrument for the protection of the Right to Health
ICESCR recognizes
the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
how many parties does ICESCR have globally?
172
The Right to Health has been incorporated…
in many other international & regional human rights treatises and many national constitutions
1977
U.S. President Jimmy Carter signed the ICESCR resolution but the U.S. Congress has not yet officially ratified it
is U.S. a party to ICESCR?
no!
the only industrialized member of the United Nations that has not done so
right to health is
an inclusive right
right to health includes
access to healthcare & attention to social and environmental factors (social determinants of health)
examples of social determinants of health
Safe drinking water; adequate sanitation
Safe food plus adequate nutrition
Adequate housing
Healthy working & environmental conditions
Health-related education & information
Gender equity
The Right to Health Provision Covers (7)
- Equal access to the highest level of health
- Right to disease prevention, treatment, and control
- Access to essential medicines
- Maternal, child, and reproductive health
- Equal, timely access to basic health services
- Health education and information
- Participation in health-related decision-making
essential medicines
are those that satisfy the priority healthcare needs of the population
priority is determined by
each country on the basis of current & future public health relevance
ie in relation to national disease prevalence
is what we constitute as an “essential medicine” in Ghana may be regarded as such in the US?
no!
The enjoyment of the highest attainable standard of health is
fundamental right of every human without any distinctions
everyone has a right to
a standard of living adequate for the health and well-being, social services, circumstances beyond his control
health and well-being include
food, clothing, housing and medical care
does everyone have a right to circumstances beyond his control (lack of livelihood)?
yes
Why is global health important for peace and security?
It relies on full cooperation of individuals and states
Government responsibility for health
Providing adequate health and social measures
U.S. Constitution on health care
It does not explicitly mention health or medical care and does not require governments to pay for medical expenses
Right to Health vs. Right to Health Care
The Right to Health is distinct from the Right to Health Care
Healthcare as a fundamental right in the U.S
The Supreme Court has not elevated healthcare to a fundamental right
Government obligations for persons under control (e.g., prisoners)
Entitled to adequate food, clothing, shelter, and medical care under the Eighth Amendment
U.S. Constitutional framers’ focus on government
They prioritized freedom from government over providing rights to services like healthcare
Proposals for healthcare rights in the U.S. Constitution
-F.D. Roosevelt’s “Second Bill of Rights” for adequate medical care
-Jessie Jackson Jr.’s amendment for the Right to Healthcare
since 1944
F.D. Roosevelt’s “Second Bill of Rights” for adequate medical care and achievement &enjoyment of good health
since Feb 2011
Jessie Jackson Jr.’s amendment for the Right to Healthcare
Article 1, Section 8, Clause 1 of the Constitution grants Congress
the “Taxing & Spending Power” to lay and collect taxes for the general welfare of the United States