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Creating universal health care in Ireland: A legal context

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  • Lau, Manfred
  • Larkin, Charles
  • Harty, Michael
  • Corbet, Shaen

Abstract

In this paper we establish a working definition of, and develop a legal rationale for, the insertion of a constitutional Right to Health (RTH) protection in the Constitution of Ireland. We propose that a legal framework exists for the judicial enforcement of a right to health in Ireland, as based on parallels drawn between Irish case law and that of RSA, a comparable common law constitutional democracy with a developed jurisprudential approach to its constitutional RTH. When modelled after precedential international provisions, this right strengthens and defends health policy goals (such as universal health care) through a common-law system of governmental accountability. Additionally, national rights to health have observable correlations with improved public health, and it stimulates institutional initiatives. The 1937 Constitution of Ireland includes several personal, social, and economic rights, and a RTH would complement the existing right to primary education as a socio-economic right. We note these considerations were discussed during the legislative proposal made in the 32nd Dáil for a constitutional RTH, which emerged in response to Ireland’s ongoing efforts toward health policy reform.

Suggested Citation

  • Lau, Manfred & Larkin, Charles & Harty, Michael & Corbet, Shaen, 2021. "Creating universal health care in Ireland: A legal context," Health Policy, Elsevier, vol. 125(6), pages 777-785.
    • Handle: RePEc:eee:hepoli:v:125:y:2021:i:6:p:777-785
    DOI: 10.1016/j.healthpol.2021.04.003
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    References listed on IDEAS

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    1. Meegan, Andrew & Corbet, Shaen & Larkin, Charles, 2018. "Financial market spillovers during the quantitative easing programmes of the global financial crisis (2007–2009) and the European debt crisis," Journal of International Financial Markets, Institutions and Money, Elsevier, vol. 56(C), pages 128-148.
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    3. Burke, Sara Ann & Normand, Charles & Barry, Sarah & Thomas, Steve, 2016. "From universal health insurance to universal healthcare? The shifting health policy landscape in Ireland since the economic crisis," Health Policy, Elsevier, vol. 120(3), pages 235-240.
    4. Hiroaki Matsuura, 2013. "The Effect of a Constitutional Right to Health on Population Health in 157 Countries, 1970–2007: the Role of Democratic Governance," PGDA Working Papers 10613, Program on the Global Demography of Aging.
    5. Wang, Guang-Xu, 2012. "A network approach for researching political feasibility of healthcare reform: The case of universal healthcare system in Taiwan," Social Science & Medicine, Elsevier, vol. 75(12), pages 2337-2344.
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