-- 3.4 The impact of rights-vindication on health system reform -- 3.5 Conclusion -- 4 Rights and resources: The limits of justiciability? -- 4.1 Introduction -- 4.2 Rights discourse, resource allocation and the unmasking of tragic choices -- 4.3 Rights as directives for resource allocation and rationing -- 4.3.1 Possible normative directives embodied by health-related rights in the South African Constitution -- 4.3.2 Institutional obstacles to providing normative resource-related directives through the courts -- 4.4 Assessing the impact of South African human rights jurisprudence on health budgeting and financing -- 4.5 Rights and contemporary health financing policy debates -- 4.6 Conclusion -- 5 Rights, horizontality and regulation: facing the public/private divide -- 5.1 Introduction -- 5.2 Rights as impetus for private health sector regulation -- 5.3 Rights as parameters for private health sector regulation -- 5.3.1 Health care practitioners' freedom of occupational choice -- 5.3.2 Patients' right of access to care -- 5.4 Beyond regulation: Towards enforcing human rights obligations in the private health sector -- 5.5 Conclusion -- 6 Rights as restraints?: Balancing individual liberties and public health -- 6.1 Introduction -- 6.2 Assessing the human rights impact of public health policies -- 6.3 Public health and the South African Bill of Rights -- 6.4 Rights, limitations and the prevention of multi-drug resistant (MDR) and extreme drug resistant (XDR) tuberculosis -- 6.4.1 Adopting a human-rights framework to current laws, policies and practices aimed at MDR and XDR-TB prevention -- 6.4.2 How not to apply a human-rights framework: Minister of Health, Western Cape v Goliath 1 -- 6.5 Conclusion -- BIBLIOGRAPHY. |