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By Remneek Kisana

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rem kay

on 17 July 2014

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Transcript of By Remneek Kisana

Thank You!
Migration of medical health professionals
-2001 more pharmacists were emigrating from South Africa and Zimbabwe compared to the rate at which they were graduating
-In the last decade alone the amount of South African health professionals has increased 60% and those arriving from Nigeria has tripped
-In 2004 it was estimated that 26.3% of physicians in rural areas where educated outside of Canada
Is this natural migration ?
Domestic Law
-Where does law come in ?
- Oblique Intent vs Direct Intent
- "Something you see clearly, but out of the corner of your eye, oblique means that it is not in your straight line of your purpose" (Glanville Williams)
- Foreseeability of secondary consequences
- Strict punishments for those who are an accomplice in murder
International Law
-The Commonwealth Code of Practice for the International Recruitment of Health Workers
-Hierarchy of rights
-Health vs mobility of health professionals
-"limit or hinder the freedom of individuals to choose where they wish to live and work"

Issues with the code
-no legal obligation
-relies on developed nations who are benefiting from the recruitment to create effect change
-"protectors of the developing nations"
- soft law - it includes the interest of the conflicting stakeholders
- flexibility
- the self imposed restrictions have been sufficient to preserve the industry
By Remneek Kisana

The law as an absent agent in the transportation of medical professionals from developing nations to Canada

So what?
-South Africa -19% HIV positive
-Sub-Saharan Africa they are expecting a decrease in the amount of physicians available to treat HIV patients from 21 000 to 10 000
-2004- Ghana lost 35 million of its training investment in health professionals to the UK
Active Recruitment
Need for a need model of regulation
-Social connection model of responsibility
-Responsibility cannot simply be confined to a particular geographical location it extends globally since people are connected through various social processes and institutions
-Those involved in creating these injustices regardless of where they reside must take responsibility to remedy these structural issues
-Each agent involved in the process is responsible
-Young’s ideas of global justice
- Who bares a greater responsibility: power, privilege, interest

Main argument

-I will argue that the law is facilitating is maintaining healthy standards of living in Canada while compromising the right to health of those living in the source country, through weak domestic laws which do not account for secondary consequences and flexible international laws.
-Need a new model of regulation
-Social connection model

-Is this model attainable, can we implement this idea of global justice through social connection and not political boundaries?
- Based on this theory we play a role as well
- Are we obligated to assume responsibility for others suffering as well ?
I wanted to include these ideas of intent and foreseeability when examining the corporations and those involved in active recruitment
-Is it useful to examine it under this lens ?
-Bilateral agreements and government agreements
- I could include this is my paper, as another mode of regulation
- Or would it deviate from my initial thesis
-Or provide a greater understanding of the other ways nations are interacting to create solutions, where the law is absent ?
-Can it be a better form of regulation compared to the code
1: 26 000
1: 2000
Have you ever had to wait for days to get a prescription refill?
Do You feel that you have access to a doctor when you need one?
Do you ever have to travel long distance to get access to medication or a pharmacist ?
Do you think most of your physicians are foreign trained professionals ?
Full transcript