Making sense of human rights in the context of European Union health-care policy: individualist and communitarian views

2011 ◽  
Vol 7 (3) ◽  
pp. 335-356 ◽  
Author(s):  
Danielle da Costa Leite Borges
Keyword(s):  
Health Care ◽  
European Union ◽  
Human Rights ◽  
Health Care Services ◽  
Health Care Policy ◽  
Point Of View ◽  
The European Union ◽  
Care Policy ◽  
Care Services ◽  
The Right

AbstractThis article discusses the European Union health-care policy from a human rights law point of view. It departs from the analysis of international and European human rights documents in order to identify core elements and principles associated with the right to access health-care services. These elements and principles are then used to distinguish between individualist and communitarian views of health-care rights and to argue that a human rights approach to the right to access health-care services promotes a communitarian view of this right whereas European Union health-care policy has been promoting an individualist view of this right.

scholarly journals Health Insurance Cards and Health Care Services Utilization: Evidence From Children in Mountainous Regions of Vietnam

2019 ◽  
Vol 6 ◽  
pp. 2333794X1984391 ◽  
Author(s):  
Nhu Van Ha ◽  
Van Thi Anh Nguyen ◽  
Bui Thi My Anh ◽  
Thanh Duc Nguyen
Keyword(s):  
Health Care ◽  
Health Insurance ◽  
Associated Factors ◽  
Health Care Services ◽  
Health Care Policy ◽  
Care Policy ◽  
Insurance Reform ◽  
Care Services ◽  
Free Health Care ◽  
Services Use

Health insurance reform for children younger than 6 years of age was implemented in 2005. The study aimed to describe the health insurance card status, health care services use, and associated factors. The cross-sectional study was conducted with 210 Hmong mothers of children younger than 6 years of age, and of those, 118 mothers having an ill child in the previous 4 weeks were selected in this study. Descriptive statistics and multiple logistic regression were applied to predict the associated factors. In all, 42.9% of children had health insurance cards and 45.8% ill children accessed public health facilities. The factors included children’s age, mothers’ knowledge of the free health care policy, mothers’ knowledge about one sign of lung infection of their children associated with health insurance status, and health care services use. In conclusion, the 2005 reform of child health insurance policy has brought a modest impact on insurance coverage of children younger than 6 years of age and health care services use. Mothers’ knowledge of free health care policy should be improved.

scholarly journals IMPLEMENTATION OF THE RIGHT TO HEALTH CARE IN THE COUNTRIES OF THE EUROPEAN UNION

2019 ◽  
Vol 72 (7) ◽  
pp. 1337-1342
Author(s):  
Yuliya Nazarko ◽  
Oleksandr Iliashko ◽  
Natalіa Kaminska
Keyword(s):  
Health Care ◽  
European Union ◽  
Human Rights ◽  
Social Relations ◽  
Legal Regulation ◽  
Right To Health ◽  
The European Union ◽  
Right To Health Care ◽  
Legal Standards ◽  
The Right

Introduction: The right to health is exercised through a complex system of state and social measures of legal, economic, social, scientific, cultural, educational, organizational, technical, sanitary and hygienic nature, aimed at preserving and improving the health of people , lengthening the life expectancy and working capacity, creating good living and working conditions, providing physical and mental development for children and young people, and preventing and managing illnesses and their treatment. The aim: Investigate the international legal and constitutional legal regulation of the right to health care in the countries of the European Union. Materials and methods: The article analyzes the Constitution of the European Union, a number of international legal acts and judgments of the European Court of Human Rights. Review: Each country defines the conditions for realizing the right to health care, according to which people should be healthy, the state itself assumes the obligations of the controller and the protection of this right. These provisions should primarily be enshrined in the Basic Laws - the constitutions. The main direction of state policy in reforming social relations is the achievement of European international legal standards in all spheres of public life. These standards fix the principles, guarantees of norms that determine the scope of human rights, in particular the right to health care. Conclusions: The main problem of ensuring and realizing the right to health in the European Union, as in many countries, is the financing of this industry, because in general, it is impossible to talk about free medical care in the European Union. There are also problems in the field of investment in health care. The urgent issues of primary health care and public health and the elderly dependence period.

scholarly journals A Human Rights-Based Approach to Maternal and Child Health in Ethiopia: Does it Matter to Promote Health Equities?

2020 ◽  
Author(s):  
Solomon Tekle Abegaz
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Child Health ◽  
Maternal And Child Health ◽  
Health Care Services ◽  
Right To Health ◽  
Human Right ◽  
Care Services ◽  
The Right ◽  
And Child Health

A rights-based approach to health helps to address health equity gaps. While several aspects of health as a human right exist, this chapter highlights particular indicators relevant to shaping a human rights approach to maternal and child health in Ethiopia. These indicators include recognition of the right to health; national health plan; accessible and acceptable health-care services; accountability; and a civil society that draws on the agency of vulnerable groups. Probing the extent to which the Ethiopian health system includes these features, this chapter identifies that the Federal Constitution does not adequately recognize maternal and child health as a human right. While identifying the positive developments of increased access to women’s and children’s health-care services in Ethiopia, the chapter also charts problems that limit further improvement, including health workers’ inability from making the right health-care decisions; extreme gaps in ensuring accountability; and a restrictive law that restrains social mobilization for a proper health rights movement. The chapter concludes by providing recommendations to the government of Ethiopia that addressing these problems using a rights-based approach offers an alternative pathway for the progressive realization of the right to health of women and children, and it thereby improves health inequities in the country.

scholarly journals E-HEALTH IN THE CONTEXT OF THE SUBSIDIARITY PRINCIPLE. COMMENTS AGAINST THE BACKGROUND OF POLISH LAW

2019 ◽  
Vol 35 (4) ◽  
pp. 27-40
Author(s):  
Leszek Sobieski
Keyword(s):  
Health Care ◽  
European Union ◽  
Information And Communication Technologies ◽  
Health Care Services ◽  
Communication Technologies ◽  
The European Union ◽  
Care Services ◽  
New Information ◽  
Subsidiarity Principle ◽  
Information And Communication

In the article an attempt was made to present the assumptions of Polish legislative solutions concerning e-health in the context of one of the basic principles of European philosophical and legal thought – the principle of subsidiarity. The principle of subsidiarity, the essence of which is to leave it to the political communities to carry out tasks for which they can take responsibility, has been incorporated into the legislation of nation states and the European Union, determiningthe identity of European civilisation. Article 5 of the Treaty on European Union and the Treaty on the Functioning of the European Union and the preamble to the Constitution of the Republic of Poland are an example of the translation of the subsidiarity principle into legal norms. Attention has been paid to the possibility of decentralising and delegating competences to lower levels of public authority in the field of health, using or amending the e-health legislation accordingly. Appropriate division of tasks and competences in the area of health care, taking into account the subsidiarity principle, can be observed at both national and EU level. European Union law recognises the autonomy of the Member States to define national health regulations. On the basis of selected national and EU regulations, a definition of e-health has been proposed, understood as a set of provisions within the health care system regulating the collection, processing of data and provision of health care services in order to identify and optimise the satisfaction of individual and collective health needs as well as to pursue an effective health policy by public authorities. The basic assumptions of key national and EU legal acts are also indicated. On the basis of the solutions adopted in the Act on Health Care Services Financed from Public Funds, the formal possibility of delegating and effective performance of tasks has been demonstrated in the field of health protection by local government units. New information and communication technologies provide the basis for a more complete implementation of the subsidiarity principle in health protection, as they enable the necessary knowledge on the collective and individual health needs at European, national and any other expected level – regional, population, age to be gathered and transferred. They are a tool, previously unavailable, for the precise identification of the needs of separated communities. On the other hand, new technologies can be a tool for communities to meet these needs to the extent that they are able to provide organisational and financial security. The combination of new information and communication technologies with the application of a systematic concept of tasks implementation based on the principle of subsidiarity will allow for a change in the model of health care in Poland.

scholarly journals Uptake of Health Care Services by Refugees: Modelling a Country Response to a Western Balkan Refugee Crisis

Healthcare ◽  
2020 ◽  
Vol 8 (4) ◽  
pp. 560
Author(s):  
Milena Santric-Milicevic ◽  
Milena Vasic ◽  
Vladimir Vasic ◽  
Mirjana Zivkovic-Sulovic ◽  
Dragana Cirovic ◽  
...  
Keyword(s):  
Health Care ◽  
Health Care Services ◽  
Refugee Crisis ◽  
The European Union ◽  
Western Balkans ◽  
Care Services ◽  
Transit Country ◽  
The Right ◽  
Demand For Health ◽  
Political Decision Making

Planning and adjusting health capacities to meet the needs of refugees is a constant issue for transit and destination countries following the 2015/2016 Western Balkans refugee crisis. Understanding this crisis is important for taking the right steps in the future. The study informs about the prediction of the refugees’ health needs and demands for services in correspondence to political decision-making during 2015/2016 Western Balkan Refugee Crisis. Time series analysis, linear regression, and correlation analyses modelled the weekly flux of arrivals of more than half a million refugees to Serbia and the European Union, changes in the utilization of health care services, and disease diagnoses. With strategic planning, in the event of a recurrence of the refugee crises, the demand for health care services in the transit country could increase by 63 (95% CI: 21–105) for every additional 1000 refugees.

Reforming Pharmaceutical Policies in the European Union: A “Penguin Effect”?

2003 ◽  
Vol 33 (1) ◽  
pp. 1-28 ◽  
Author(s):  
Ana M. Guillén ◽  
Laura Cabiedes
Keyword(s):  
European Union ◽  
Health Care Services ◽  
Point Of View ◽  
Substantial Part ◽  
The European Union ◽  
Care Services ◽  
Pharmaceutical Policies ◽  
Limited Effectiveness ◽  
Equity And Efficiency ◽  
Pharmaceutical Spending

Pharmaceutical policies form a substantial part of health care services, from the point of view of both equity and efficiency goals. Expenditure on pharmaceuticals has been growing steadily over the last few decades, and countries are finding the financing of drugs increasingly difficult. This article surveys the changes in pharmaceutical policies in the E.U. countries from the mid-1980s through the 1990s. It focuses primarily on policies dealing with cost control of publicly funded pharmaceuticals. In their analysis of these changes, the authors classify policies (or “packages of measures”), map out their incidence in each country, and assess their impact on the control of public pharmaceutical spending. They conclude that the E.U. countries are taking up apparently similar measures—dressing like penguins in a row—despite the limited effectiveness and limited evaluation of many of the measures adopted. The authors also analyze the role of national and international actors (most prominently, the European Union) in defining public pharmaceutical policies; look at how innovative policy ideas could be connected with the economic, political, and social interests that mold public action in this field; and propose new lines of investigation.

A human rights approach to health care in conflict

2013 ◽  
Vol 95 (889) ◽  
pp. 167-187 ◽  
Author(s):  
Katherine H. A. Footer ◽  
Leonard S. Rubenstein
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Armed Conflict ◽  
Health Care Services ◽  
Care Delivery ◽  
Political Rights ◽  
Humanitarian Law ◽  
Cultural Rights ◽  
Care Services ◽  
The Right

AbstractAttacks on and interference with health care services, providers, facilities, transports, and patients in situations of armed conflict, civil disturbance, and state repression pose enormous challenges to health care delivery in circumstances where it is most needed. In times of armed conflict, international humanitarian law (IHL) provides robust protection to health care services, but it also contains gaps. Moreover, IHL does not cover situations where an armed conflict does not exist. This paper focuses on the importance of a human rights approach to addressing these challenges, relying on the highest attainable standard of health as well as to civil and political rights. In particular we take the Committee on Economic, Social and Cultural Rights General Comment No. 14 (on Article 12 of the International Covenant on Economic, Social and Cultural Rights) as a normative framework from which states' obligations to respect, protect and fulfil the right to health across all conflict settings can be further developed.

Accesso equo, qualità appropriata. Venti anni dopo la Convenzione di Oviedo / Equitable access, appropriate quality. Twenty years after the Oviedo Convention

2018 ◽  
Vol 66 (6) ◽  
pp. 763-778
Author(s):  
Stefano Semplici
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Access To Health Care ◽  
Health Care Services ◽  
Professional Competence ◽  
Biomedical Science ◽  
Care Services ◽  
Use Of Resources ◽  
Starting Point ◽  
The Right

Il diritto alla tutela della salute, che include l’accesso ai servizi sanitari, è sancito in molte Dichiarazioni e altri documenti normativi a livello internazionale. Il riferimento all’equità è solitamente introdotto per affrontare i vincoli delle risorse disponibili e non eludere la realtà di persistenti diseguaglianze. Il riferimento all’adeguatezza è volto a sottolineare il ruolo delle competenze professionali e della conoscenza e dei progressi scientifici al fine di soddisfare esigenze reali, ma anche di ottimizzare l’utilizzo delle risorse. L’articolo 3 della Convenzione di Oviedo mira a proteggere i diritti umani e la dignità della persona umana e offre ancora un proficuo punto di partenza per continuare a sviluppare alcuni dei più preziosi strumenti concettuali e giuridici fra quelli perfezionati in questi ultimi decenni per affrontare questa sfida: il principio della realizzazione progressiva, che può innescare e rafforzare una dinamica emancipatrice; l’esercizio del bilanciamento di principi, interessi e beni sia nella giurisprudenza delle Corti costituzionali sia nelle politiche di settore; il concetto del contenuto essenziale del diritto ai servizi sanitari. Queste soluzioni si confrontano ora con le applicazioni dei progressi nuovi e senza precedenti della scienza biomedica, come la medicina di precisione. Allo stesso tempo, il riferimento della Convenzione alla giurisdizione delle Parti (gli Stati) come quadro istituzionale entro il quale gli obblighi sono assunti deve essere ulteriormente articolato misurandosi con l’orizzonte globale dell’impegno a “proteggere” la dignità umana e i diritti umani. ---------- The right to protection of health, which includes access to health care services, is enshrined in many Declarations and other normative documents at the international level. The reference to equity is usually meant to deal with the constraint of available resources and not elude the reality of persisting inequalities. The reference to appropriateness is to underline the role of professional competence and scientific knowledge and progress in order to fit real needs, but also to optimize the use of resources. Article 3 of the Oviedo Convention aims at protecting both human rights and the dignity of the human being and still offers a fruitful starting point to elaborate on some of the most valuable conceptual and juridical tools that have been refined over these last decades to address this challenge: the principle of progressive realization, which can trigger and strengthen an emancipatory dynamic; the exercise of balancing principles, interests and goods both in the case law of Constitutional Courts and in policies; the concept of the core content of the right (entitlement) to health care services. These solutions are now confronted with the applications of new, unprecedented advancements of biomedical science, such as precision medicine. At the same time, the reference by the Convention to the jurisdiction of the Parties (the States) as the institutional framework within which obligations are undertaken needs to be further articulated against the global scope of the commitment to ‘protect’ human dignity and human rights.

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