{"product_id":"the-pluralist-right-to-health-care-a-framework-and-case-study-9781487508722","title":"The Pluralist Right to Health Care  A Framework","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eOffering a new conception of the right to health care as a complex but morally justifiable and realistically achievable right, this book helps resolve persistent problems with the idea of health rights.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eChapter 1: Introduction  Health Rights: The Phenomenon and the Problem  The Existing Literature  The Current Project    Part I: Conceptualizing and Measuring the Right to Health Care    Chapter 2: Health Rights: A Taxonomy  Introduction Rights and Duties  A Brief Taxonomy of Health Rights (and Health Rights Projects) The Present Project’s Place in the Taxonomy Problems Facing Existing Health Rights  Conclusion    Chapter 3: The Case for a Pluralist Conception of the Right to Health Care  Introduction A Pluralist Model is Necessary to Account for the Right’s Uncontroversial Features  (a) The Goods Necessary for a Dignified Existence Jointly Constitute a Necessary Component of the Right to Health Care (b) The Goods Necessary for a Dignified Existence Alone Do Not Capture All That Should Be Under the Right to Health Care  (c) Procedural Fairness in Health Care Allocation is a Necessary Component of the Right to Health Care (d) Procedural Fairness Alone Does Not Capture All That Should Be Under the Right to Health Care  (e) A Functioning Health Care System is a Necessary Component of the Right to Health Care  (f) A Functioning Health Care System Alone Does Not Capture All That Should Be Under the Right to Health Care The Pluralist Model Has Further Advantages The Pluralist Model Can Withstand (Other) Serious Criticisms One May Raise Against It (a) Objection 1: The Minimum Floor Remains Subject to Problems Plaguing Any Attempt at Specifying Content  (b) Objection 2: The Pluralist Model Cannot Identify a Traditional Right  (c) Objection 3: Dignity Cannot Form the Basis of a Justiciable Right  (d) Objection 4: Health Outcomes Should Be Primary (e) Objection 5: Applying Constitutional Standards is Preferable  Conclusion    Chapter 4: The Pluralist Right to Health Care and International Human Rights Law  Introduction  Methodology  The Core Components of the International Right to Health Reflect Concerns with Each Element of the Pluralist Right to Health Care and Instantiate the Pluralist Right  (a) Universal Access to Health Care  (b) Prioritization of Certain Goods and Peoples  (c) Progressive Realization of Other Aspects of the Right  (d) Modes of Domestic Implementation  (e) Remedies  (f) Improved Health Outcomes  Conclusion   Appendix 1: A (Non-Exhaustive) List of Key Sources for Identifying the International Right to Health Care    Chapter 5: Metrics for Realization of the Right to Health Care Introduction International Law and Empirical Metrics  Metrics for Right to Health Care Realization  (A) Health Care System\/Policy Markers  (B) Self-Defined Benchmarks and Indicators  (C) Coverage of and Access to Essential Goods  (D) Daniels and Sabin’s Fairness Markers  (E) Rates of Access to the Goods Selected in the Process from (d)  (F) Progressive Realization  Dual Application of the Metrics  Putting the Metrics to Work  Objections and Replies  (a) Objection 1: These Metrics Do Not Easily Map onto the Components of the Pluralist Right  (b) Objection 2: No State Can or Should Be Expected to Score Well on All These Metrics (c) Objection 3: These Metrics Break with An Important Development in International Law (d) Objection 4: These Metrics Ignore the Perspective of Rights Holders  Conclusion   Appendix 2: Metrics for Comparative Analysis of Right to Health Care Implementation   Part II: The Right to Health Care in Canada: A Case Study in Realization   Chapter 6: The Mainstream Canadian Health Care System and the Pluralist Right to Health Care Introduction An Introduction to the Canadian Health Care System The Mainstream Canadian Health Care System Does Not Ensure Access to Many Goods Necessary for a Dignified Existence  The Mainstream Canadian Health Care System Fulfills Some, But Not All, Aspects of Accountability for Reasonableness  The Mainstream Canadian Health Care System Does Not Have All the Systemic Elements Demanded by the Pluralist Right to Health Care  Canada’s Progressive Realization of the Right is Difficult to Assess and Substantive Progress Appears Minimal Conclusion   Chapter 7: Vulnerable Populations in Canada and the Pluralist Right to Health Care Introduction  An Introduction to Two Vulnerable Population-Specific Programs: The IFHP and the NIHBP The IFHP and NIHBP Fill Some Gaps in Essential Goods Coverage for Some Persons, but Barriers to Access Remain  The IFHP and NIHBP Do Not Fulfill All Procedural Demands of the Pluralist Right to Health Care  The IFHP and NIHBP Help Fill in Some Gaps in Canada’s Realization of the Systemic Component of the Pluralist Right to Health Care The NIHBP is Gradually Progressively Realizing the Right  The IFHP Required Multiple Interventions to Avoid Serious Deliberate Retrogression in Right to Health Care Realization  Conclusion    Chapter 8: Tools for Better Realizing the Pluralist Right to Health Care in Canada Introduction  Three Branches of Canadian Public Law (a) Constitutional Law (b) Human Rights Law (c) Non-Human Rights-Based Administrative Law Possible Legal Paths Forward (a) Constitutional Law (b) Human Rights Law (b) Non-Human Rights-Based Administrative Law Conclusion Conclusion: Next Steps   Chapter 9: Concluding Thoughts and the Path(s) Forward Introduction  Summary Directions for Future Research","brand":"University of Toronto Press","offers":[{"title":"Default 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