Health Law Review articles from December 2003

Health Law Review archives from December 2003

Merchants in the temple? The implications of the NAFTA and GATS for Canada's health care system.
December 22, 2003... "My temple should be a house of prayer, But you have made it a den of thieves. Get out! Get out!" (Lyrics from Jesus Christ Superstar) Introduction Canada's publicly funded health care system, "Medicare," is the country's most...

The imperative to treat: the South African State's Constitutional obligations to provide antiretroviral medicines.
December 22, 2003... Introduction South Africa is in the grips of a shattering HIV and AIDS pandemic, with over eleven percent of its population infected. The pandemic's magnitude demands urgent and effective action to limit infection rates and mitigate...

Paying research subjects: historical considerations.
December 22, 2003... Introduction Paying research subjects money to participate in medical experimentation is not a recent phenomenon. In the late 1800s, for example, Walter Reed paid volunteers in his yellow fever studies $100 in gold for their participation....

"To become old is to become institutionalized and imprisoned": comparing regulatory frameworks for the use of restraints in long-term care facilities.
December 22, 2003... "One of the essential functions of human-rights legislation is to protect human beings from the therapeutic good intentions of others.... To give these human beings [patients] the benefit of informed consent, the rule of law, and such autonomy...

Section 7 of the Charter: a constitutional right to health care? Don't hold your breath.
December 22, 2003... Introduction Access to health care services within a publicly funded system, what we know as Medicare, is of undeniable importance to Canadians. (1) In its recent report, the Commission on the Future of Health Care in Canada stressed the...

Population genetic studies: is there an emerging legal obligation to share benefits?
December 22, 2003... The following article is an updated version of a poster presented at the HUGO Human Genome Meeting, held in Cancun, Mexico, April 27-30, 2003. Abstract It appears that large-scale population genetic studies are the necessary next step...

Consistency and privacy: do these legal principles mandate gamete donor anonymity?(Canada )
December 22, 2003... I. Introduction Canada is at a critical point in its development of assisted human reproduction law. After a full decade of debate and consultation with the public and interest groups, The Assisted Human Reproduction Act (1) or Bill C-13,...