The Right to Health at the Public/Private Divide

Colleen M. Flood is a Professor and Canada Research Chair at the Faculty of Law, University of Toronto, and is cross-appointed to the School of Public Policy and the Institute of Health Policy, Management and Evaluation. Aeyal Gross is an Associate Professor in Tel-Aviv University's Faculty of Law. He is also a Visiting Reader at SOAS, University of London.

'The Right to Health at the Public/Private Divide comes at a uniquely opportune time for American and global readers, as rights to health care dominate the center of our political debates. This sixteen-nation comparative study concludes, as Americans have discovered, that the strength of a nation's commitment to the equitable provision of health care does not necessarily correlate with the legal articulation of health rights and that litigation can undermine as well as promote health care equity.' Timothy S. Jost, Robert L. Willett Family Professor of Law, Washington and Lee University

• Introduction: marrying human rights and health care systems: contexts for a power to improve access and equity Colleen M. Flood and Aeyal Gross; Part I. National Public Health Systems (Tax Financed): 1. Litigating a right to healthcare in New Zealand Joanna Manning; 2. The right to health in Sweden Anna-Sara Lind; 3. Litigating health rights in Canada: a white knight for equity? Colleen M. Flood; 4. Promoting access and equity in health - assessing the National Health Service in England Chris Newdick; Part II. Social Health Insurance Systems: 5. Colombia's right to health litigation in a context of healthcare reform Everaldo Lamprea; 6. Health rights in Israel between solidarity and neo-liberalism Aeyal Gross; 7. Health care access in the Netherlands: the true story Andre den Exter; 8. Addressing equity in health care at the public-private intersection: the role of health rights enforcement in Hungary Maria Eva Foldes; 9. Lending a helping hand: the impact of constitutional interpretation on Taiwan's national health insurance program, health equity and distributive justice Y. Y. Chen; Part III. Mixed Private/Public Systems: 10. Health rights at the juncture between state and market: the People's Republic of China Christina S. Ho; 11. The role of rights and litigation in assuring more equitable access to health care in South Africa Lisa Forman and Jerome Amir Singh; 12. Provision of health care services and the right to health in Brazil: the long, winding and uncertain road to equality Mariana Prado; 13. A vision of an emerging right to health care in the United States: expanding health care equity through legislative reform Allison Hoffman; 14. The legal protection and enforcement of health rights in Nigeria Remigius Nwabueze; 15. Litigating the right to health in Venezuela: a non-justiciable right (?) in the context of a deficient health care system Oscar A. Cabrera and Fanny Gómez; 16. Right to health in India: addressing inequities through litigation Anand Grover, Maitreyi Misra and Lubhyathi Rangarajan; Conclusion: context for the promise and peril of the right to health Colleen M. Flood and Aeyal Gross.