PHA-Exchange> Provisions for Health and Health Care in the Constitutions of the Countries of the World

[Claudio]

> From: "Ruggiero, Mrs. Ana Lucia (WDC)" <ruglucia at PAHO.ORG>

> Provisions for Health and Health Care in the Constitutions of the
> Countries of the World

> Eleanor D. Kinney, Hall Render Professor of Law & Co-Director, The
> Center for Law and Health, Indiana University School of Law,
> Indianapolis and Brian Alexander Clark, Marion County Indiana.

> Cornell International Law Journal  Volume 37 * Issue 2 * 2004

>Available online as PDF file [total file 231p. Article from Pages 30-100]
at:

> http://organizations.lawschool.cornell.edu/ilj/issue_pdfs/37_2/Volume_37
> _Issue_2.pdf

> ".....At a time of renewed interest in the international human right to
> health, it is useful to identify and examine the provisions of the
> constitutions of the world regarding health and health care. These
> provisions indicate a national commitment towards the assurance of
> access to high quality and affordable health care for all peoples. In
> addition, such constitutional provisions may be important factors in the
> international campaign to promote the recognition and implementation of
> the international human right to health domestically throughout the
> world...

> This Article reports findings of an empirical analysis of the provisions
> of the constitutions of the world that address health and health care.
> The Article also examines other indices of national commitment to health
> and health care, such as ratification of ICESCR and relevant regional
> human rights treaties, and national performance in allocating budgetary
> resources towards health and health care. The Article concludes that the
> national commitment to health and health care is not highly related to
> whether or not a nation's constitution specifically addresses health or
> health care.

> Nevertheless, the finding that 67.5% of the constitutions of all nations
> have provisions regarding health and health care is important for
> efforts to promote recognition and implementation of the international
> human right to health..."

> "...Typology of Provisions Addressing Health and Health Care -  The
> authors identified five types of constitutional provisions that
> addressed health and health care in national constitutions:

> 1. A statement of aspiration, stating a goal in relation to the health
> of its citizens.

> 2. A statement of entitlement, stating a right to health or health care
> or public health services.

> 3. A statement of duty, imposing a duty to provide health care or public
> health services.

> 4. A programmatic statement, specifying approaches for the financing,
> delivery or regulation of health care and public health services.

> 5. A referential statement, incorporating by specific reference any
> international or regional human rights treaties recognizing a human
> right to health or health care...."

> Content:
> Introduction
> I. Research Methods
> A. Definitions
> B. Typology of Provisions Addressing Health and Health Care
> II. Findings
> A. Provisions on Health and Health Care as a Function of Time
> B. National Commitments to Health Care and Health Care
> III. Discussion
> A. Meaning of Constitutional Provisions
> B. Performance Comparison as a Realization Strategy
> Conclusion
> Appendix I

> Eleanor D. Kinney, JD, MPH , Hall Render Professor of Law
> Co-Director, William S. and Christine S. Hall  - Center for Law and
> Health Indiana University School of Law - Indianapolis
> http://indylaw.indiana.edu/centers/clh/
> <http://indylaw.indiana.edu/centers/clh/>   and
> http://indylaw.edu/programs/latinamericanlaw/
> <http://indylaw.edu/programs/latinamericanlaw/>