Description
A legal framework for health is the process by which regulations are drafted, updated, implemented, and enforced. The aim of enacting or reforming legislation should be to increase efficiency and effectiveness and to have a better balance in delivering health care over time. The value of a vibrant health system looking to achieve UHC is equity. This inequity is what prompted the UN to pledge in the SDGs that “no one will be left behind.” The agenda sets out a vision for sustainable development grounded in international human rights and is premised largely on improving efforts to ensure universal health coverage, signaling a strong intent to address barriers to access to ensure improved access to services for everyone, everywhere. Regulations that are poorly designed or weakly applied can hamper the country’s goal of achieving UHC and discourage participation. This policy brief will address the several ways that legislation can help to reduce health inequalities and to challenge policies and actions that undermine the freedoms and entitlements that comprise the right to health. If UHC is not anchored in the right to health, it risks not being universal with respect to providing coverage to all people. Nothing contributes more to the public’s confidence about regulation than predictability and the recognition that rules achieve their objectives. Every person has a right to a reasonable equal access to health services, with uniformly high quality. If UHC is not anchored in the right to health, it risks not being universal with respect to providing coverage to all people. The complex interplay between social marginalization and economic exclusion can render vulnerable and marginalized individuals, and groups invisible to the authorities. The promotion of human rights is one of the main justifications of the UN. Almost seventy years after these rights were recognized in the WHO Constitution of 1946, they are more powerful and relevant than ever. They imply a clear set of legal obligation on states to ensure appropriate conditions for the enjoyment of health for all people without discrimination. This paper will address the several ways that legislation can help to reduce health inequalities and to challenge policies and actions that undermine the freedoms and entitlements that comprise the right to health. Typically, these laws will set out the protected attributes or characteristics that cannot lawfully be used as a basis for discriminating against a person including prohibiting mandatory testing and treatment and other coercive practices, and respecting patient privacy and confidentiality. These laws would also establish a complaints-handling body with power to investigate and conciliate complaints, and to pursue other remedies in appropriate cases.
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