Fundamental rights and health care

2010 ◽  
pp. 282-314 ◽  
Author(s):  
Jean McHale
Keyword(s):  
Health Care ◽  
Fundamental Rights

E-health developments in the system of health services in Hungary and the European Union

2014 ◽  
Vol 155 (21) ◽  
pp. 822-827
Author(s):  
Ágnes Váradi
Keyword(s):  
Health Care ◽  
European Union ◽  
Public Discourse ◽  
Action Plan ◽  
Fundamental Rights ◽  
Public Health Care ◽  
The European Union ◽  
Contemporary Issue ◽  
Definition Of ◽  
Basic Features

The question of electronic solutions in public health care has become a contemporary issue at the European Union level since the action plan of the Commission on the e-health developments of the period between 2012 and 2020 has been published. In Hungary this issue has been placed into the centre of attention after a draft on modifications of regulations in health-care has been released for public discourse, which – if accepted – would lay down the basics of an electronic heath-service system. The aim of this paper is to review the basic features of e-health solutions in Hungary and the European Union with the help of the most important pieces of legislation, documents of the European Union institutions and sources from secondary literature. When examining the definition of the basic goals and instruments of the development, differences between the European Union and national approaches can be detected. Examination of recent developmental programs and existing models seem to reveal difficulties in creating interoperability and financing such projects. Finally, the review is completed by the aspects of jurisdiction and fundamental rights. It is concluded that these issues are mandatory to delineate the legislative, economic and technological framework for the development of the e-health systems. Orv. Hetil., 2014, 155(21), 822–827.

EU Health Law & Policy

2019 ◽  
Author(s):  
Anniek de Ruijter
Keyword(s):  
Public Health ◽  
Health Care ◽  
Human Health ◽  
Fundamental Rights ◽  
The European Union ◽  
Health Issues ◽  
Division Of Powers ◽  
Legal Principle ◽  
Legal Competence ◽  
The Eu

This book describes the expansion of EU power in health care and public health and analyses the implications of this expansion on EU health values and rights. The main conclusion of the book is that the EU is de facto balancing fundamental rights and values relating to health, implicitly taking on obligations for safeguarding fundamental rights in the field of health and affecting individuals’ rights sometimes without an explicit legal competence to do so. This brings to light instances where EU health policy has implications for fundamental rights and values without the possibility to challenge the exercise of power of the EU in human health. This begs the question of whether subsidiarity is still the most relevant legal principle for the division of powers and tasks among the Member States, particularly when EU policy and law involves the politically sensitive areas of health care and public health. This question draws out the parameter for continuing the debate on the role of the European Union in promoting its own values and the wellbeing of its peoples, in light of its ever-growing role in human health issues.

Diversity and Harmonisation. Trends and Challenges in European Health Law

2010 ◽  
Vol 17 (1) ◽  
pp. 37-50 ◽  
Author(s):  
Mette Hartlev
Keyword(s):  
Health Care ◽  
Fundamental Rights ◽  
The Other ◽  
Health Law ◽  
European Level ◽  
Patients Rights ◽  
Current Trends ◽  
European Health ◽  
The One ◽  
Fundamental Values

AbstractEuropean countries share a number of fundamental values and ideas, but when it comes to the organisation of health care sectors and attitudes to basic patients’ rights, there are also vast differences. Consequently, at the European level health law has to balance between the aspiration for uniformity and universal respect for fundamental rights on the one hand, and acceptance of national diversity on the other. The aim of the article is to characterise European health law in terms of both divergence and harmonisation, and to explore the tension between these two features in light of current trends and challenges.

Patient Mobility in Times of Austerity: A Legal and Policy Analysis of the Petru Case

2016 ◽  
Vol 23 (1) ◽  
pp. 36-60 ◽  
Author(s):  
Markus Frischhut ◽  
Nick Fahy
Keyword(s):  
Health Care ◽  
Social Security ◽  
Policy Analysis ◽  
Case Law ◽  
Fundamental Rights ◽  
Patient Mobility ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
Potential Impact ◽  
The Impact

The case-law of the Court of Justice (ecj ) on patient mobility was recently challenged by a ruling that a patient could go to Germany for treatment when facilities in Romanian hospitals were inadequate. Given the reported impact of austerity measures in the field of health care this raises the question; what is the impact of the ecj ’s ruling on how Member States can manage expenditure and limit outflows of patients and how should such measures be legally evaluated? The objective of this article is to analyse potential impact on health systems in the context of increasing pressure on public financing for health. While the ecj mainly referred to the requirement of treatment in due time, we also analyse possible austerity reductions of the basket of care against the background of eu law (i.e., ecj case-law, patient mobility directive, Charter of Fundamental rights and social security regulation).

scholarly journals Przetwarzanie i ochrona danych dotyczących zdrowia przez organizatora systemu opieki zdrowotnej

2020 ◽  
pp. 53-72
Author(s):  
Daniel Eryk Lach
Keyword(s):  
Health Care ◽  
Health Care Services ◽  
Social Protection ◽  
Social Care ◽  
Healthcare Providers ◽  
Personal Data ◽  
Fundamental Rights ◽  
Sensitive Data ◽  
General Data Protection Regulation ◽  
Specific Regulation

The protection of individuals regarding to the processing of personal data is one of the fundamental rights. The General Data Protection Regulation (GDPR) lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data. Data concerning health is one of the areas the GDPR defines as special personal data, the so-called sensitive data. With regard to these data, the GDPR allows their processing only on an exceptional basis, in certain situations. According to Art. 6 sec. 1 let. e GDPR and art. 9 sec. 2 let. b GDPR, data processing is allowed, inter alia, when such processing is necessary for the purposes of meeting the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law. In turn, Art. 9 sec. 2 let. h GDPR permits the processing of health data that is necessary for the purposes of providing health or social care or treatment, or for managing health or social care systems and services on the basis of European Union or Member State law. The article discusses the national legal regulations regarding the collection and processing of personal data concerning health in the light of the organization of the health care system and the tasks of the National Health Fund (NFZ) as a placeholder, whose task is only to manage financial resources and conclude health care contracts on its own behalf with independent healthcare providers and their accounting. Against the background of the GDPR, the author discusses the provisions of the acts on health care services financed from public funds and on the information system in health care. Finally, specific regulation regarding the COVID-19 pandemic are presented.

scholarly journals Opinions on the Legal Significance of the Right to Health

2021 ◽  
Vol 27 (2) ◽  
pp. 116-120
Author(s):  
Teodora Aurelia Drăghici ◽  
Gabriel Cătălin Predescu
Keyword(s):  
Health Care ◽  
Rule Of Law ◽  
Right To Health ◽  
Fundamental Rights ◽  
The Other ◽  
The Rule Of Law ◽  
Right To Health Care ◽  
Other Hand ◽  
The One ◽  
The Right

Abstract The legal significance of the right to health care, in particular and of other fundamental rights in general, on the one hand unknown to citizens and on the other hand known, minimized or ignored by state authorities and institutions, will certainly lead to abuses of law coming from the latter, abuses that cannot be tolerated by the rule of law.

scholarly journals Child care and health rights: perspectives of adolescent mothers

2015 ◽  
Vol 49 (5) ◽  
pp. 733-740 ◽  
Author(s):  
Jaqueline Silva Santos ◽  
Raquel Dully Andrade ◽  
Juliana Coelho Pina ◽  
Maria de La Ó Ramallo Veríssimo ◽  
Anna Maria Chiesa ◽  
...  
Keyword(s):  
Health Care ◽  
Child Health ◽  
Adolescent Mothers ◽  
Right To Health ◽  
Fundamental Rights ◽  
Child Health Care ◽  
Child Advocacy ◽  
Structured Interviews ◽  
Right To Health Care ◽  
The Right

AbstractOBJECTIVETo analyze child health care and the defense of their rights from the perspective of adolescent mothers.METHODSAn exploratory study with qualitative thematic analysis of data, based on conceptual aspects of care and the right to health, from semi-structured interviews with 20 adolescent mothers ascribed by Family Health teams.RESULTSMaternal reports indicate that child health care requires responsibility and protection, with health practices that promote child advocacy. Gaps in assistance which preclude the full guarantee of the right to child health care were also highlighted.CONCLUSIONThe right to health care assumed different meanings, and the forms to guarantee them were linked to individual behavior in detriment to broader actions that consider health as a social product, connected to the guarantee of other fundamental rights.

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