Condliff v North Staffordshire Primary Care Trust: Relying on Human Rights to Improve Inequities in Privatised HealthCare - Implications for UK and Australian Health System Reforms
Townsend, Ruth; Faunce, Thomas
Description
A recent case from the English Court of Appeal (R (on the application of Condliff) v North Staffordshire Primary Care Trust [2011] EWCA Civ 910, concerning denial by a regional health care rationing committee of laparoscopic gastric bypass surgery for morbid obesity) demonstrates the problems of attempting to rely post hoc on human rights protections to ameliorate inequities in health care reforms that emphasise institutional budgets rather than universal access. This column analyses the...[Show more]
dc.contributor.author | Townsend, Ruth | |
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dc.contributor.author | Faunce, Thomas | |
dc.date.accessioned | 2015-12-10T22:57:14Z | |
dc.identifier.issn | 1320-159X | |
dc.identifier.uri | http://hdl.handle.net/1885/60566 | |
dc.description.abstract | A recent case from the English Court of Appeal (R (on the application of Condliff) v North Staffordshire Primary Care Trust [2011] EWCA Civ 910, concerning denial by a regional health care rationing committee of laparoscopic gastric bypass surgery for morbid obesity) demonstrates the problems of attempting to rely post hoc on human rights protections to ameliorate inequities in health care reforms that emphasise institutional budgets rather than universal access. This column analyses the complexities of such an approach in relation to recent policy debates and legislative reform of the health systems in the United Kingdom and Australia. Enforceable human rights, such as those available in the United Kingdom to the patient Tom Condliff, appear insufficient to adequately redress issues of inequity promoted by such "reforms". Equity may fare even worse under Australian cost-containment health care reforms, given the absence of relevant enforceable human rights in that jurisdiction. | |
dc.publisher | The Law Book Company | |
dc.rights | Copyright Lawbook Co. This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. | |
dc.source | Journal of Law and Medicine | |
dc.subject | Keywords: article; Australia; cost control; economics; health care policy; human; human rights; legal aspect; public health; Australia; Cost Control; Health Care Reform; Human Rights; Humans; National Health Programs | |
dc.title | Condliff v North Staffordshire Primary Care Trust: Relying on Human Rights to Improve Inequities in Privatised HealthCare - Implications for UK and Australian Health System Reforms | |
dc.type | Journal article | |
local.description.notes | Imported from ARIES | |
local.identifier.citationvolume | 19 | |
dc.date.issued | 2011 | |
local.identifier.absfor | 180110 - Criminal Law and Procedure | |
local.identifier.ariespublication | u4046278xPUB548 | |
local.type.status | Published Version | |
local.contributor.affiliation | Faunce, Thomas, College of Medicine, Biology and Environment, ANU | |
local.contributor.affiliation | Townsend, Ruth, College of Medicine, Biology and Environment, ANU | |
local.bibliographicCitation.issue | 2 | |
local.bibliographicCitation.startpage | 255 | |
local.bibliographicCitation.lastpage | 271 | |
dc.date.updated | 2016-02-24T10:31:19Z | |
local.identifier.scopusID | 2-s2.0-84859415481 | |
dcterms.accessRights | Open Access | |
dc.provenance | The permission to archive the version was archived in ERMS2988179. This article was first published by Thomson Reuters in the Journal of Law and Medicine and should be cited as "Townsend, Ruth, and Thomas Faunce. "Condliff v North Staffordshire Primary Care Trust: Relying on Human Rights to Improve Inequities in Privatised HealthCare-Implications for UK and Australian Health System Reforms." (2011): 255-271". For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase | |
Collections | ANU Research Publications |
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