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Full-Text Articles in Law
A Legal Remedy For Homophobia: Finding A Cure In The International Right To Health, Michael Boucai
A Legal Remedy For Homophobia: Finding A Cure In The International Right To Health, Michael Boucai
Journal Articles
This article argues that the international right to health obligates governments to combat homophobia. Part One presents the powerful evidence that stigma, prejudice, and violence directed toward lesbian and gay people drastically endanger their physical and mental well-being. Part Two defends an expansive interpretation of the international right to health. Applying this interpretation, Part Three proposes that gay men and lesbians are entitled to demand that their governments to eliminate all public and much private discrimination against gay men and lesbians, and requires them to combat homophobia through education and other positive efforts. Acknowledging that this obligation is unlikely to …
Is It Too Late For Title Vi Enforcement?: Seeking Redemption Of The Unequal Long Term Care System In The United States Through International Means, Ruqaiijah Yearby
Is It Too Late For Title Vi Enforcement?: Seeking Redemption Of The Unequal Long Term Care System In The United States Through International Means, Ruqaiijah Yearby
All Faculty Scholarship
Legal and medical experts have noted continued racism in the health care system that prevents the equal distribution of quality care. Initially most racism was intentional and expressed through de jure segregation, as evidenced by federal funding of the construction of racial segregated health care facilities. Now most racism, expressed through de facto segregation, is subtly incorporated into the daily practices of institutions causing an adverse disparate impact on African-Americans. This institutional racism establishes separate and independent barriers through the neutral denial of opportunities and equal rights to individuals and groups that results from the normal operations of the institutions …
Tragedy & Remedy: Reparations For Disparities In Black Health, Kevin Outterson
Tragedy & Remedy: Reparations For Disparities In Black Health, Kevin Outterson
Faculty Scholarship
The Tragedy of American health care is the stubborn persistence of disparities in Black health, one hundred and forty years after Emancipation, and more than four decades after the passage of Title VI. Formal legal equality has not translated into actual health equality. This Tragedy is deeper and older than mere legal forms; it has been supported by powerful social institutions, including some governments, charities, market participants, religions, ideologies, and cultures. Black health disparities interact with other vestiges of slavery such as disparities in wealth, education, employment and housing. They have permeated the American health experience. Efforts to eliminate Black …