Obstacles to dependent health care access in Oregon: health insurance or health care?

In the 1980s, Oregon was one of a handful of "states that could not wait" for national health care reform. Oregon's chosen approach to reform was predicated on two widely accepted assumptions. First, universal access to health care is best achieved by universal access to health insurance. Second, universal access to health care could best be achieved, at least politically, by incrementally building upon the existing health care delivery and insurance system. This article questions both of these assumptions in light of Oregon's decade-long experience in trying to expand access to health care among its dependent population.     

The right to health in public health: is this a new approach?

The international human rights community has frequently reaffirmed the importance of full respect for the right to health. However, there remains a large gap between the standards set out in Art 12 of the International Covenant on Economic, Social and Cultural Rights and the situation prevailing in most countries. While there has been a substantial amount of work done to expand upon the content of the right to health, there has been little consideration of what a right to health means for public health programming generally. This article addresses this issue by considering the compatibility of the essential elements of contemporary public health programming practice with the principles contained in General Comment No 14, para 43(f) (a minimum core obligation of the right to health). The article considers that while both contemporary public health practice and para 43(f) do contain compatible elements, the right to health brings with it new elements of monitoring (through right to health indicators) and accountability, both of which will require new tools to be adopted by the public health sector.     

The right to a fair criminal trial： A South African perspective

The right to a free and fair trial is one of the most basic human fights afforded to mankind. In South Africa, prior to 1994, this right was afforded to accused persons by common law only. The criminal justice system in South Africa however has been changing radically since 1994 due to the inception of first the Interim Constitution and later the Constitution of the Republic of South Africa, 1996. South Africa has a history of human rights abuses-also with regard to criminal trials. The right to a fair trial is now constitutionally enshrined and protected by the Bill of Rights. As a result thereof the application of this right by the South African courts has also changed and what would have passed muster in this regard prior to 1994 would not necessarily do so now. This paper seeks to explain what the right to a fair criminal trial in a democratic South Africa entails with reference to South Africa＇s international obligations in this regard as well as the provisions of the South African Constitution and case law.     

The human right to marry: a refugee’s perspective

In the European Court of Human Rights cases of Muñoz Díaz v Spain in 2009 (Muñoz Díaz v Spain [2009], Application No. 49151/07) and Serife Yigit v Turkey in 2010 (Serife Yegit [2010], Application No. 3976/05), involving unregistered/informal ‘marriages’ of a Roma couple and a Muslim couple, respectively, the Grand Chamber took the position that civil marriages are available to all people in the state without distinction and therefore no breach of Article 12’s right to marry (nor Article 14’s prohibition of discrimination) had occurred when the respective states failed to recognise the informal marriages of the applicants. This article considers these two cases, and asks whether the court’s position is challenged by migrants/refugees, whose access to formal marriages maybe impeded due to a lack of identity and status documentation.     

What is the goal of access to health care?

This article first examines the justifications for the goal of access to health care and the variations between health systems in their endorsement of individuals' rights to health care irrespective of income, ethnicity, age and other characteristics. It then examines the meanings of the goal of "access" to health care and considers four key dimensions--service availability ("having" access), service utilisation ("gaining" access), the relevance and effectiveness of services and equity of access. These dimensions provide a common framework that can be applied across countries and health systems and employed to assess the extent to which access to health care is actually achieved.     

A pretty pass: when is there a right to die?

This paper, the 2002 Fison Memorial Lecture, reflects on the state of the law on the right to die, following the cases of Mrs Pretty and Ms B. Particular attention is drawn to a number of developments in the European Court of Human Rights.     

The right to be forgotten – a Dutch perspective

This paper will be investigate to what extent the right to be forgotten as proposed by the European Commission is already recognized in Dutch tort law. The focus of this paper will be on the existence and the desirability of such a right and not on questions of enforcement. It is submitted that although Dutch law does not recognize the right to be forgotten as such, several judicial decisions can be identified that afford protection to interests that are also protected by the proposed right to be forgotten. This indicates that in the Netherlands a right to be forgotten in some form or another might have developed over time but this would have been a lengthy affair. A more precise formulation of this right by the legislator is therefore welcomed. It has been remarked that the name ‘right to be forgotten’ may give rise to unrealistic expectations but the Dutch experience shows that people do not seem to be very aware of their rights. ‘A right to be forgotten’ – however imprecise from a legal viewpoint – might be catchy enough to remedy this.