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Using a Legal and Regulatory Framework to Evaluate and Improve Cancer Prevention

47 Pages Posted: 28 Oct 2011  

Roger Magnusson

The University of Sydney Law School

Date Written: October 27, 2011

Abstract

This paper presents a framework for identifying legal and regulatory interventions for the prevention of risk factors for cancer at the population level. The framework has wider application for behavioural risk factors for other non-communicable diseases (NCDs). It is based on four different kinds of assessment: identifying the determinants of cancer and key settings for interventions; reviewing the key strategies that law can deploy; considering the most appropriate level for interventions within federal systems; as well as the role of law within a broader set of public health responses that includes voluntary standards, co-regulation, outcome-based regulation as well as more technical, prescriptive controls.

The paper argues that law is an important tool for preventing the burden of disease from cancer. It then uses the framework to evaluate the current status of regulatory strategies for cancer prevention and to identify law reform priorities, taking Australia as a case study. The paper illustrates the application of the model at the country level by making extensive use of Australian evidence and published research. However, the methodology presented, the regulatory issues discussed, the evidence cited and the law reform priorities identified will be relevant to other countries with a substantial burden from cancer and NCDs.

Keywords: cancer, law, regulation, non-communicable diseases, prevention

JEL Classification: I10, I18, K10, K30, K32

Suggested Citation

Magnusson, Roger, Using a Legal and Regulatory Framework to Evaluate and Improve Cancer Prevention (October 27, 2011). Public Health, Forthcoming; Sydney Law School Research Paper No. 11/78. Available at SSRN: https://ssrn.com/abstract=1950456

Roger Magnusson (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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