Daniel Wang

Email: D.W.Wang@lse.ac.uk
Room: New Academic Building NAB5.11
Tel. 020 7849 1159

Daniel Wang is a LSE Fellow. He holds a PhD (LSE), a MSc in Philosophy and Public Policy (LSE), a Master in Law (University of Sao Paulo), a BA in Law (University of Sao Paulo) and a BA in Social Sciences (University of Sao Paulo). Before joining LSE, he was teaching assistant at the University of Sao Paulo and collaborated with several international research initiatives, such as the "Litigating the Right to Health Project" (Harvard Law School and University of Bergen) and "Access to Knowledge (A2K)" (Yale Law School and the Information Society Project).

CV in full [Portuguese]
 

Research Interests

Constitutional Law, Administrative Law, Social Rights, Medical Law, Human Rights

   
External Activities

Member of the Brazilian Bar Association (Ordem dos Advogados do Brasil)

   
Books  

Daniel Wang (ed.). Constituição e Política na Democracia: aproximações entre direito e ciência política. Sao Paulo: Marcial Pons. 2013

 
Selected articles
and chapters in books
 

Daniel Wang & Priscila Pivatto. Book review of 'Latin American Constitutionalism, 1810–2010. The Engine Room of the Constitution'. Int J Constitutional Law (2014) 12 (1): 256-261

Daniel Wang & Octavio Ferraz. 'Reaching Out to the Needy? Access to Justice and Public Attorneys’ Role in Right to Health Litigation in the City of São Paulo'. SUR International Journal on Human Rights, v. 10, n. 18, Jun. 2013

'Courts and Health Care Rationing: the case of the Brazilian Federal Supreme Court' (2013) Health Economics, Policy and Law, 8 (1), pp. 75-93

The recognition that access to health care is a constitutional right in Brazil has resulted in a situation in which citizens denied treatments by the public health care system have brought lawsuits against health authorities, claiming that their right to health was violated. This litigation forces the courts to decide between a patient-centred and a population-centred approach to public health – a choice that forces the courts to assess health care rationing decisions. This article analyses the judgments of the Brazilian Federal Supreme Court in right to health cases, arguing that the Court's recent decisions have been contrary to their long-standing stance against rationing. In 2009, the Court organized a public hearing to discuss this topic with civil society and established criteria to determine when rationing would be legal. However, I argue that these criteria for health care rationing do not adequately address the most difficult health care distribution dilemmas. They force the health care system to keep their rationing criteria implicit and make population-centred concerns secondary to individual-centred ones.

Wang, Daniel Wei & Rizk, Sarah. Book review of 'Debating Social Rights by Conor Gearty & Virgina Mantouvalou' European Human Rights Law Review (2012) 4, pp.475-478

Wang, Daniel Wei & Ferraz, Octavio Luiz Motta. 'Pharmaceutical Companies vs. the State: Who Is Responsible for Post-Trial Provision of Drugs in Brazil?' The Journal of Law, Medicine & Ethics (2012) 40, p.188–196

Examines the uncertainty in Brazil over whether pharmaceutical companies or the state bear the responsibility of providing post-trial access to drugs for patients who participated in clinical trials. Reviews case law supporting both positions. Discusses the moral arguments for and against a duty of providing post-trial treatment, and considers how this conflict is reflected in the Helsinki Declaration: Ethical Principles for Medical Research Involving Human Subjects and other international guidelines.

Guise, Monica Rosina ; Wang, Daniel Wei; Campos, Thana . 'Access to medicines: pharmaceutical patents and the right to health' in: SHAVER, Lea. (Org.). Access to knowledge in Brazil. 1 ed. New Haven: The Information Society Project at Yale Law School, 2008, v. 1, p. 197-213