Human Rights Flashcards
Art. 35 Charter of Fundamental Rights (CFR)
- Right for everyone to access preventive healthcare and benefit from medical treatment
- Medical treatment based on principles of non-discrimination
- high level of health protection
Citizenship rights
Fundamental rights that belong only to nationals of a particular country
Fundamental rights
Apply to all individuals within the EU
Human rights
Universal rights that apply to every person regardless of their nationality or legal status
Fundamental freedoms
Freedom of establishment
Freedom of services
Free movement of workers
General Comment 14 (GC14)
3 levels of health care:
- primary - common/minor illnesses that can be treated at community level
- secondary - common/minor illnesses, not manageable on community level with higher costs (requires special trained health professors)
- tertiary - minor/serious illnesses with very high costs (require special trained personnel)
-> hard to assess state’s obligation because it is difficult to distinguish
AAAQ
Framework to evaluate and ensure the right to health and healthcare services:
- Accessibility - non-discrimination, physically
- Availability - presence and functioning
- Acceptability - respect of culture, minorities, etc.
- Quality
negative rights
freedom from interference -> absence of government
positive rights
entitlement rights -> reguires governmental affirmative action
Art 168 TFEU
- EU’s commitment to ensuring a high level of human health protection in all of its policies and activities
- cross-border health threats
- allows the EU to support, coordinate, and complement the actions of member states in the field of public health, particularly when it adds value to national efforts
- encourages the exchange of information and the promotion of best practices among member states to improve public health outcomes
- importance of promoting health, preventing diseases