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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.authorTownsend, Ruth
dc.contributor.authorFaunce, Thomas
dc.date.accessioned2015-12-10T22:57:14Z
dc.identifier.issn1320-159X
dc.identifier.urihttp://hdl.handle.net/1885/60566
dc.description.abstractA 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.publisherThe Law Book Company
dc.rightsCopyright 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.sourceJournal of Law and Medicine
dc.subjectKeywords: 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.titleCondliff 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.typeJournal article
local.description.notesImported from ARIES
local.identifier.citationvolume19
dc.date.issued2011
local.identifier.absfor180110 - Criminal Law and Procedure
local.identifier.ariespublicationu4046278xPUB548
local.type.statusPublished Version
local.contributor.affiliationFaunce, Thomas, College of Medicine, Biology and Environment, ANU
local.contributor.affiliationTownsend, Ruth, College of Medicine, Biology and Environment, ANU
local.bibliographicCitation.issue2
local.bibliographicCitation.startpage255
local.bibliographicCitation.lastpage271
dc.date.updated2016-02-24T10:31:19Z
local.identifier.scopusID2-s2.0-84859415481
dcterms.accessRightsOpen Access
dc.provenanceThe 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
CollectionsANU Research Publications

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