Enforcing the right to health in private health systems through Judicialization what can we learn from the scoping review of the cross-national perspective?

IF 3.6 3区医学 Q1 HEALTH CARE SCIENCES & SERVICES

Health Policy Pub Date : 2024-05-23 DOI:10.1016/j.healthpol.2024.105096

Evandro Antonio Sbalcheiro Mariot , Stela Barbas , Rui Nunes

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Abstract

Background

Private sector acting in healthcare does not remove the public nature of a health system, nor mitigate the right to health as a human right.

Methods

This scoping review aims to answer the question: what factors influence the pattern of lawsuits seeking to enforce the right to health in private healthcare systems? The search was carried out in Pubmed, SciELO, DOAJ and Scopus.

Results

Out of 464 articles found, after inclusion and exclusion criteria, 30 articles were included. The survey covered 36 different countries and four main factors were identified. The socioeconomic context, the health system model, the incorporation of the right to health in legislation, and the model of regulation of private health.

Conclusions

Understanding these patterns help understanding the difficulties of implementing and guaranteeing universal health. Health systems must be based on responsibility, solidarity, equity, and distributive justice, since the sum of these values generates mutualism. Judicial decision-making regarding to health access must be reasoned on equity and distributive justice, scientific evidence and ethical factors. Even private health systems must be funded in a well-defined ethical platform and social moral valuation.

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通过司法化在私营医疗系统中落实健康权我们能从跨国视角的范围界定审查中学到什么？

背景私营部门在医疗保健领域的行为并不会消除医疗保健系统的公共性质，也不会减轻健康权这一人权。方法本范围综述旨在回答以下问题：在私营医疗保健系统中，哪些因素会影响寻求落实健康权的诉讼模式？在 Pubmed、SciELO、DOAJ 和 Scopus 上进行了搜索。结果在 464 篇文章中，经过纳入和排除标准后，有 30 篇文章被纳入。调查涉及 36 个不同国家，确定了四个主要因素。结论了解这些模式有助于理解实施和保障全民健康的困难。卫生系统必须建立在责任、团结、公平和分配公正的基础上，因为这些价值观的总和产生了相互主义。有关医疗服务的司法决策必须以公平和分配公正、科学证据和道德因素为基础。即使是私营保健系统，也必须在明确的伦理平台和社会道德价值观的基础上提供资金。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Health Policy 医学-卫生保健

CiteScore

6.40

自引率

6.10%

发文量

157

审稿时长

3-8 weeks

期刊介绍： Health Policy is intended to be a vehicle for the exploration and discussion of health policy and health system issues and is aimed in particular at enhancing communication between health policy and system researchers, legislators, decision-makers and professionals concerned with developing, implementing, and analysing health policy, health systems and health care reforms, primarily in high-income countries outside the U.S.A.