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.

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 Ethnic and Cultural Diversity: Challenges and Opportunities for Health Law

2008 ◽  
Vol 15 (3) ◽  
pp. 285-295 ◽  
Author(s):  
Aart Hendriks
Keyword(s):  
Health Care ◽  
Cultural Diversity ◽  
The Other ◽  
Health Law ◽  
The Right To Privacy ◽  
Challenges And Opportunities ◽  
Disaggregated Data ◽  
The One ◽  
The Right ◽  
The Relationship

AbstractGuaranteeing equal health care of appropriate quality implies taking ethnic and cultural diversity into account, without over- or underestimating the importance of these grounds. Besides awareness of its relevance, it is essential to have disaggregated data to better understand the relationship between ethnicity and culture on the one hand and health and health care on the other hand. From a health law perspective, it is a prerequisite to understand the conceptual and normative meaning of equality and non-discrimination, also in relation to the right to privacy, and to be aware of the need to collaborate with other legal and non-legal disciplines.

scholarly journals Dochodzenie cywilnoprawnych roszczeń pacjentów w postępowaniach przyspieszonych – uwagi na tle pandemii COVID-19

2021 ◽  
Vol 32 (1) ◽  
pp. 105-122
Author(s):  
Filip Manikowski ◽  
Keyword(s):  
Health Care ◽  
Medical Errors ◽  
Justice System ◽  
Medical Personnel ◽  
The Other ◽  
Administrative Staff ◽  
Patients Rights ◽  
Personal Rights ◽  
Heavy Burden ◽  
The One

The currently prevailing COVID-19 pandemic and the associated heavy burden on the Polish health care system are conductive to medical errors committed by medical personnel, violating patients’ rights, as well as their personal rights. The pandemic also negatively affects the justice system. It is related to the staff shortages both among judges and the administrative staff of courts. Bearing in mind, on the one hand, the possible increase in claims brought by the patients and, on the other hand, the reduction of the efficiency of Polish courts, it seems advisable to establish whether these claims can be heard in accelerated proceedings, the execution of which seems to be a lesser burden for courts. This analysis is justified because the amendment to the Code of the Civil Procedure in 2019 significantly changed the provisions regulating the above-mentioned proceedings. This study outlines the claims that patients are entitled to in relation to the COVID-19 pandemic and which of them can be considered in a particular accelerated procedure.

scholarly journals Territoriality Beyond the State: The EU’s Territorial Claims and the Search for Their Legitimacy

2021 ◽  
Vol 22 (4) ◽  
pp. 650-672
Author(s):  
Josef Weinzierl
Keyword(s):  
The State ◽  
Political Community ◽  
The Other ◽  
Main Question ◽  
Eu Law ◽  
European Level ◽  
Territorial Claims ◽  
The One ◽  
The Individual ◽  
The Eu

AbstractQuite a few recent ECJ judgments touch on various elements of territorial rule. Thereby, they raise the profile of the main question this Article asks: Which territorial claims does the EU make? To provide an answer, the present Article discusses and categorizes the individual elements of territoriality in the EU’s architecture. The influence of EU law on national territorial rule on the one hand and the emergence of territorial governance elements at the European level on the other provide the main pillars of the inquiry. Once combined, these features not only help to improve our understanding of the EU’s distinctly supranational conception of territoriality. What is more, the discussion raises several important legitimacy questions. As a consequence, the Article calls for the development of a theoretical model to evaluate and justify territoriality in a political community beyond the state.

„Gyertek, nézzétek meg!”

2021 ◽  
Vol 24 (1) ◽  
pp. 93-109
Author(s):  
Levente Balázs Martos
Keyword(s):  
Gospel Of John ◽  
The Other ◽  
Fourth Gospel ◽  
The Bible ◽  
The One ◽  
Fundamental Values

The concept of motivation is related to the encouraging effect on others on the one hand and the reasons for our own actions on the other. Motivation always reflects a specific set of values and tools, as well as behavior. In our short study, some of the fundamental values characteristic of the Bible will be presented, and then we observe the motivating presence of Jesus for his disciples in the narration of the fourth gospel, the Gospel of John.

scholarly journals “That's Not the Only Reason We Love Him”: Tchaikovskii Reception in Post-Soviet Russia

Slavic Review ◽  
2018 ◽  
Vol 77 (1) ◽  
pp. 53-76
Author(s):  
Philip Ross Bullock
Keyword(s):  
Social Media ◽  
The Other ◽  
General Tendency ◽  
Equal Rights ◽  
Documentary Sources ◽  
Current Trends ◽  
Constant Tension ◽  
Russian Politics ◽  
Soviet Russia ◽  
The One

This article examines the writing and reception of Tchaikovskii's biography in Russia since 1991, arguing that there has been a constant tension between documentary approaches to the composer's life on the one hand, and popular responses that have frequently resisted scholarly narratives on the other. After the Soviet collapse, a number of former taboos relating to Tchaikovskii's life were lifted, including his homosexuality. Documentary sources began to appear in print, including unexpurgated editions of his letters and diaries. Yet this process has not been without its detractors. Alongside a general tendency to decry the publication and citation of intimate personal correspondence, there have been a number of attempts in the popular press to “disprove” that Tchaikovskii was a homosexual. Social media have proved to be a further site for the discussion of these issues, disseminating the findings of scholarly literature to a readership far wider than originally anticipated. By way of conclusion, it will be suggested that one of the fundamental reasons for the frequent denial of Tchaikovskii's sexuality is that the cause of equal rights is in tension with current trends in Russian politics and society.

Rights in Search of Protection†

2020 ◽  
Vol 40 (2) ◽  
pp. 403-423
Author(s):  
Jacob Weinrib
Keyword(s):  
Review Article ◽  
Democratic Governance ◽  
Fundamental Rights ◽  
The Other ◽  
Legislative Power ◽  
Other Hand ◽  
Institutional Resources ◽  
The One

Abstract In Where Our Protection Lies, Dimitrios Kyritsis develops an innovative constitutional framework that aims to reconcile two commitments: democratic governance and the protection of fundamental rights. This review article argues that the reconciliation fails to provide fundamental rights with meaningful protection. On the one hand, the framework’s moral resources hollow out the duties that rights impose on legislatures. Instead of protecting persons from the abusive exercise of legislative power, the framework narrows what constitutes abuse. On the other hand, the framework’s institutional resources leave persons without the means of vindicating their rights. What Kyritsis terms protection consists in the ongoing susceptibility to the violation of one’s fundamental rights.

Structural patterns in Swedish health policy: a 30-year perspective

2014 ◽  
Vol 10 (2) ◽  
pp. 195-215 ◽  
Author(s):  
Richard B. Saltman
Keyword(s):  
Health Sector ◽  
Decision Makers ◽  
The Other ◽  
Valuable Insight ◽  
Current Period ◽  
Northern European ◽  
Swedish Health Care ◽  
European Health ◽  
Organizational Patterns ◽  
The One

AbstractThis perspective reviews key institutional and organizational patterns in Swedish health care over the last 30 years, probing the roots of several complicated policy questions that concern present-day Swedish decision-makers. It explores in particular the ongoing structural tension between stability, on the one hand, and the necessary levels of innovation and dynamism demanded by the current period of major clinical, technological, economic, social and supranational (EU) change. Where useful, the article compares Swedish developments with those in the other three European Nordic countries as well as other northern European health systems. Sweden’s health sector evolution can provide valuable insight for other countries into the complexity involved in re-thinking tradeoffs between policies that emphasize stability as against those that encourage innovation in health sector governance and provision.

Pattern ethical communication in the therapeutic team

2016 ◽  
Vol 1 (1) ◽  
pp. 9-22
Author(s):  
Edyta Barnaś
Keyword(s):  
Health Care ◽  
Primary Objective ◽  
Ethical Standard ◽  
The Other ◽  
Medical Specialties ◽  
Dynamic Development ◽  
Proposed Model ◽  
State Of Affairs ◽  
The One ◽  
Ethical Communication

The time of dynamic development of the narrow medical specialties along with the progressive spread of technology in medicine, on the one hand contribute to the improvement of health care, on the other hand are often the reason for the rise in patients feel isolation as a result of fragmentary treatment of their problems. The counterweight to this state of affairs is to create a multidisciplinary therapeutic teams whose primary objective is to restore the welfare of bio-psycho-social and spiritual patient. An elementary part of the operation of the team is the process of communication at various levels. The aim of the article is to present the principles of proper communication with the patient, the whole ends in a proposition ethical standard of communication in the therapeutic team. This proposed model is by no means a ready-to-use algorithm showing what one should do and how he/she should act for it could become a routine. The author intended to present a general construct/ standard of communication, which may be “applied” for a “living” reality of dialogue in every situation.

Comparative Study Between Preferential Consultations And Most Common Diagnoses

2016 ◽  
Vol 33 (S1) ◽  
pp. S451-S451
Author(s):  
C. Manso Bazús ◽  
J. Valdes Valdazo ◽  
E. Garcia Fernandez ◽  
L.T. Velilla Diez ◽  
J. Min Kim ◽  
...  
Keyword(s):  
Mental Health ◽  
Primary Care ◽  
Health Care ◽  
Observational Study ◽  
Affective Disorders ◽  
Primary Care Physicians ◽  
The Other ◽  
Health Care Burden ◽  
Competing Interest ◽  
The One

IntroductionTo the specialized attention arrives as preferred patients with minor diagnosis.ObjectiveWe do a relation between the type (normal/preferential) derivation of the first consultations and their corresponding diagnosis.MethodologyRetrospective observational study with data gathered during 3 months, which handle 2 variables: on the one hand, type of derivation and on the other, effected diagnosis.ResultsThe most frequent diagnosis found are adaptative disorders and affective disorders, corresponding to 45.45% and 9.1%, respectively of preferred leads.ConclusionsAlmost half of preferential queries (consultations) could be treated in first instance by primary care physicians releasing mental health care burden.Disclosure of interestThe authors have not supplied their declaration of competing interest.

Sign in / Sign up

Export Citation Format

Share Document