Insurance and Human Rights

This book explores the impact of and interplay between human rights and insurance, focusing on equal treatment, health, privacy, and life. It offers international, comparative, and regional perspectives to contribute to a more thorough understanding of the interactions between these two fields of law.

Format: Paperback / softback
Length: 262 pages
Publication date: 17 February 2023
Publisher: Springer Nature Switzerland AG

This comprehensive volume delves into the profound impact and intricate interplay between human rights and insurance. It explores the various legal instruments at national, supranational, and international levels that govern the insurance industry, including insurance and reinsurance, distribution, and insurance contracts. These instruments often intersect with and influence human or fundamental rights.

Courts face the challenging task of reconciling insurance core principles, practices, and mindsets with the principles and values rooted in human rights protection. This discussion, particularly in cases of discrimination in insurance, has been ongoing for decades. The book addresses pressing topics such as equal treatment, health, privacy, and life, considering the perspectives of the European Union, Canada, South Africa, the United States of America, Africa, and Brazil.

Written by legal scholars and practitioners, the book offers a multi-faceted and interdisciplinary approach, providing international, comparative, and regional perspectives. Its aim is to contribute to a more thorough and systematic understanding of the interactions between these two distinct fields of law, offering valuable insights to both the industry and the scientific community.

The first part of the book focuses on insurance and the right to equal treatment. It examines discrimination based on factors such as gender or age from the perspectives of the European Union, Canada, and South Africa. The authors explore how insurance policies and practices can either promote or perpetuate inequality, and how legal frameworks and regulations can be used to address these issues.

The second part of the book highlights the crucial role played by insurance in upholding the right to health. It explores how insurance policies and practices contribute to access to healthcare, particularly in developing countries. The authors examine how insurance can address health disparities, promote preventive care, and ensure the well-being of individuals and communities.

The third part of the book explores the manifold challenges posed by insurance technology, commonly referred to as InsurTech, upon the right to privacy. It focuses on the European Union and examines how the rapid advancements in technology are shaping the insurance industry and the protection of personal data. The authors discuss the risks and benefits of data sharing, the role of regulations and policies in safeguarding privacy, and the need for ethical considerations in the development and implementation of InsurTech solutions.

The fourth part tackles the threat posed by insurance on the right. It particularly focuses on the United Kingdom
Kingdom. The authors examine how insurance policies and practices can impact the right to life, particularly in the context of life insurance and annuities. They explore how insurance can affect the availability and affordability of life insurance, the terms and conditions of policies, and the impact of insurance on individuals' and families' financial security. The authors also discuss the legal and ethical considerations surrounding the sale of life insurance and annuities, particularly to vulnerable populations.

Overall, this book provides a valuable resource for scholars, practitioners, policymakers, and anyone interested in understanding the complex relationship between human rights and insurance. It sheds light on the challenges and opportunities that arise from the intersection of these two fields, and offers insights into how legal frameworks, regulations, and ethical considerations can be used to promote the protection and promotion of human rights while fostering the growth and innovation of the insurance industry.

Weight: 421g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030827069
Edition number: 1st ed. 2022