Aeyal Gross engages in a comparative analysis of Israel and Canada, exploring whether “right to health” litigation has been used to re-articulate claims to private health care as human rights claims, thus undermining rather than expanding equity. He contrasts a Canadian case (Chaoulli) — which he claims co-opted a constitutional right to “security of the person” to create a right (for some) to private health insurance with an Israeli case (Kiryati) where an application to allow preferential treatment for those who could pay was denied. But Gross notes that the Kiryati case, although suggestive of judicial resistance to rights discourse being co-opted for non-progressive ends, has to be situated in a larger context. In other cases, the Israeli judiciary has so far been unwilling to challenge government policy that imposes significant out-of-pocket payments at point of service, effectively rationing care for the poor. Thus, in Israel the courts have been strong enough to resist attacks on existing equality-enhancing government policies (prohibitions on private payment for preferential access to specialists) but not sufficiently strong to strike down policy that undermines equality (the imposition of extensive co-payments).