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8. Jurisdictional Roulette: Constitutional and Structural Barriers to Aboriginal Access to Health
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Constance Macintosh
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Chapters in this book
- Frontmatter i
- Contents v
- Acknowledgments ix
- Introduction 1
-
PART ONE. Constitutional and Administrative Law Challenges to the Boundaries of Medicare
- 1. What Is In and Out of Medicare? Who Decides? 15
- 2. Charter Challenges and Evidence-Based Decision-Making in the Health Care System: Towards a Symbiotic Relationship 42
- 3. Misdiagnosis or Cure? Charter Review of the Health Care System 58
- 4. Claiming Equity and Justice in Health: The Role of the South African Right to Health in Ensuring Access to HIV/AIDS Treatment 80
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Part Two: Access to Abortion and Reproductive Health Services
- 5. Abortion Denied: Bearing the Limits of Law 107
- 6. Protecting Fairness in Women’s Health: The Case of Emergency Contraception 137
- 7. Achieving Reproductive Rights: Access to Emergency Oral Contraception and Abortion in Quebec 168
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Part Three: Access for the Vulnerable: Case Studies from Aboriginal Health and Mental Health
- 8. Jurisdictional Roulette: Constitutional and Structural Barriers to Aboriginal Access to Health 193
- 9. The Rural Aboriginal Health Gap: The Romanow Solutions? 216
- 10. Access to Treatment of Serious Mental Illness: Enabling Choice or Enabling Treatment? 231
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PART FOUR. Rationing Access: The Role of the Physician Gatekeeper
- 11. The Legal Regulation of Referral Incentives: Physician Kickbacks and Physician Self-Referral 261
- 12. The Costs of Avoiding Physician Conflicts of Interest: A Cautionary Tale of Gainsharing Regulation 281
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Part Five: Free Trade Agreements: Strengthening or Undermining Access to Health Care?
- 13. The Agreement on Trade-Related Aspects of Intellectual Property Rights and Its Implications for Health Care 309
- 14 Patient Mobility in the European Union 331
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Part Six: Manufacturing Demand for Access: The Role of the Media and the Commercialization of Research
- 15. The Power of Illusion and the Illusion of Power: Direct-to-Consumer Advertising and Canadian Health Care 355
- 16. The Media, Marketing, and Genetic Services 379
- 17. Commercialized Medical Research and the Need for Regulatory Reform 396
- 18. Grasping the Nettle: Confronting the Issue of Competing Interests and Obligations in Health Research Policy 427
- Conclusion 449
- Contributors 457
Chapters in this book
- Frontmatter i
- Contents v
- Acknowledgments ix
- Introduction 1
-
PART ONE. Constitutional and Administrative Law Challenges to the Boundaries of Medicare
- 1. What Is In and Out of Medicare? Who Decides? 15
- 2. Charter Challenges and Evidence-Based Decision-Making in the Health Care System: Towards a Symbiotic Relationship 42
- 3. Misdiagnosis or Cure? Charter Review of the Health Care System 58
- 4. Claiming Equity and Justice in Health: The Role of the South African Right to Health in Ensuring Access to HIV/AIDS Treatment 80
-
Part Two: Access to Abortion and Reproductive Health Services
- 5. Abortion Denied: Bearing the Limits of Law 107
- 6. Protecting Fairness in Women’s Health: The Case of Emergency Contraception 137
- 7. Achieving Reproductive Rights: Access to Emergency Oral Contraception and Abortion in Quebec 168
-
Part Three: Access for the Vulnerable: Case Studies from Aboriginal Health and Mental Health
- 8. Jurisdictional Roulette: Constitutional and Structural Barriers to Aboriginal Access to Health 193
- 9. The Rural Aboriginal Health Gap: The Romanow Solutions? 216
- 10. Access to Treatment of Serious Mental Illness: Enabling Choice or Enabling Treatment? 231
-
PART FOUR. Rationing Access: The Role of the Physician Gatekeeper
- 11. The Legal Regulation of Referral Incentives: Physician Kickbacks and Physician Self-Referral 261
- 12. The Costs of Avoiding Physician Conflicts of Interest: A Cautionary Tale of Gainsharing Regulation 281
-
Part Five: Free Trade Agreements: Strengthening or Undermining Access to Health Care?
- 13. The Agreement on Trade-Related Aspects of Intellectual Property Rights and Its Implications for Health Care 309
- 14 Patient Mobility in the European Union 331
-
Part Six: Manufacturing Demand for Access: The Role of the Media and the Commercialization of Research
- 15. The Power of Illusion and the Illusion of Power: Direct-to-Consumer Advertising and Canadian Health Care 355
- 16. The Media, Marketing, and Genetic Services 379
- 17. Commercialized Medical Research and the Need for Regulatory Reform 396
- 18. Grasping the Nettle: Confronting the Issue of Competing Interests and Obligations in Health Research Policy 427
- Conclusion 449
- Contributors 457