Elderly Healthcare in the Face of Budget Constraint

35 Pages Posted: 28 Jul 2013 Last revised: 20 May 2017

See all articles by Ricardo Perlingeiro

Ricardo Perlingeiro

Fluminense Federal University - Faculty of Law; Estácio de Sá University - MA and PhD Programs in Law; Birmingham City University - Faculty of Business, Law and Social Sciences

Date Written: July 25, 2013

Abstract

A versão em português deste texto está disponível em: http://ssrn.com/abstract=2441607 La versione italiana di questo documento è disponibile all'indirizzo: http://ssrn.com/abstract=2607031 La versión en español de este artículo está disponible en: http://ssrn.com/abstract=2456003

The author contextualises the effects of public funding constraints on the creation of elderly healthcare and on potential for its judicial review, examining the relationship between economic issues and the conflicts that arise because the healthcare that is actually provided for by law and covered by the public budget and administrative procedures falls short of individuals’ expectations and demands. The paper observes that the shortage of funds and public budgetary resources, although it creates a risk of a restricted scope of judicial protection of rights, is not necessarily an obstacle to judicial review of healthcare cases, nor does it prevent the exercise of any other statutory rights; to admit otherwise, would be an insult to the Rule of Law. Finally, the paper points out the need for a better understanding of the expression the “existential minimum” of healthcare for the elderly, as guidance for legislators, based on the financial realities of nations in such a way as to make commitments only to such services as are actually possible, without generating frustrations in society.

Keywords: Healthcare for the elderly, Public budget, Existential minimum

JEL Classification: I11, I18, K32, K23, K41, K33

Suggested Citation

Perlingeiro, Ricardo, Elderly Healthcare in the Face of Budget Constraint (July 25, 2013). Elder Law Journal, vol. 24, n. 2 (2017): 368-399 . Available at SSRN: https://ssrn.com/abstract=2299009 or http://dx.doi.org/10.2139/ssrn.2299009

Ricardo Perlingeiro (Contact Author)

Fluminense Federal University - Faculty of Law ( email )

Rua Presidente Pedreira, 62
Niterói, 24210-470
Brazil

Estácio de Sá University - MA and PhD Programs in Law ( email )

Avenida Presidente Vargas, 642
Rio de Janeiro, 20071-001
Brazil

Birmingham City University - Faculty of Business, Law and Social Sciences ( email )

4 Cardigan Street
Birmingham, B4 7BD
United Kingdom

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