In the last decade, the European Community has extended measures to guarantee the fundamental rights and freedoms of people with disabilities and to improve the relevant legal framework. European policies and programs aimed at protecting one of the most vulnerable groups of human society aim to ensure the full exercise of fundamental human rights, among which are the subjective rights related to human health and the improvement of the quality of life.One of the most important acts in this direction is the European Disability Strategy with a programming period 2010-2020 in which it is set cooperation on concerted action at national and European level in specific areas of public life, one of which is healthcare.The most common problems of people with disabilities in the field of public health are unequal treatment, limited access to health care and medical treatment, the lack or deficit of specific health and rehabilitation services and access to appropriate medical equipment, corresponding to the health status of the persons with disabilities, as well as insufficient financial support from the state.All listed disadvantage inherent in most health systems lead to the violation of one of the most important social rights of people with disabilities, namely: their right to health.In order to overcome the barriers identified by persons with disabilities in the exercise of their subjective rights,In order to overcome these barriers which people with disabilities face when exercising their subjective rights, in the Strategy of the European Union is indicated that the community will support national health measures taken to provide accessible and quality health services, appropriate rehabilitation services for people with disabilities, the promotion of mental health services and the development of early intervention services and the assessment of the needs of vulnerable persons, including equal treatment.The stride of the European Community to ensure the highest possible protection of the civil, health and other basic rights of persons with disabilities needs to be actively supported by the governments of the Member States, since only through joint efforts and synchronized common policies could be achieved, the objectives set out in the strategic document.
The Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities: a dynamic pro unione and pro homine with particular reference to the CJEU case-law