A Right to Access to Emergency Health Care: The European Court of Human Rights Pushes the Envelope

Nissen, Aleydis

doi:10.1093/medlaw/fwx059

Cited by 7 publications

(2 citation statements)

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“…(2010) note the existence in the world of millions of so-called stateless persons who are virtually denied medical care in their countries of residence. Nissen, A. (2018) points to the existence in the Council of Europe member states of the right to access to emergency medical care, a right recognized by the European Court of Human Rights.…”

Section: Resultsmentioning

confidence: 99%

Aspects of legal regulation of the provision of medical services

Шевчук

Maryniv

Mekh

et al. 2020

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The article focuses on the need to respect human rights in the provision of medical services in Ukraine. It is strictly unacceptable to restrict citizens of Ukraine in receiving free medical services, since such a right is provided for by Art. 49 of the Constitution of Ukraine. It is proposed to consider that a medical service includes all types of medical care and is a special activity in relation to human health. The concept and main signs of medical services are revealed, it is established that the state, local governments, legal entities and individuals, including the patient, can be the customer of medical services. Ukrainian legislation governing the provision of medical services does not meet international standards. The positive experience of the EU countries (France, Denmark, Slovakia) and the world (Australia, Canada) shows that access to medical services is provided within the framework of medical insurance, in most cases free of charge, and is controlled by authorized state organizations. The purpose of the article is to determine the content, signs of medical services, classification criteria for their subjects, disclose the features of their legal regulation, clarify the problems of legalization of medical services and improve legislation taking into account foreign experience. The research methodology is based on a systematic approach, which is determined by the specifics of the topic of the article, and is also associated with the use of general and special research methods. The comparative legal method and the method of legal analysis were used in the study of legislative rules governing the provision of medical services. Using the method of legal analysis, groups of subjects of medical legal relations in the field of medical services are determined and their powers are analyzed. The formal logical method was used to differentiate the criteria for distinguishing between the legal structures “medical care” and “medical service”. The results of the study contributed to the identification of certain legal problems that arise when citizens receive medical services and require immediate resolution. It is also advisable to introduce compulsory state health insurance.

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Section: Resultsmentioning

confidence: 99%

Aspects of legal regulation of the provision of medical services

Шевчук

Maryniv

Mekh

et al. 2020

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“…In all ratifying countries, its judgments are binding and, if necessary, should lead to the legal amendment. Jurisdiction of the ECtHR also concerns guarantees of healthcare provision, putting the issue of non-discriminatory access to it directly into the context of human rights [ 13 , 14 ] (p. 85). However, the ECtHR often refers in its judgments to other international guidelines and conventions, if the subject matter of a case is only implicitly touched in the Convention.…”

Section: Introductionmentioning

confidence: 99%

Access to Healthcare for Minors: An Ethical Analysis of Judgments of the European Court of Human Rights

et al. 2021

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The right to non-discriminatory access to healthcare is anchored in the European Convention on Human Rights and other international treaties or guidelines. Since its ratification, the European Convention on Human Rights was made binding in all Member States of the Council of Europe and is interpreted by the European Court of Human Rights (ECtHR). Despite its legal recognition, discrimination in healthcare provision has repeatedly been an issue of medicoethical and political consideration. In this context, minors are particularly in danger of being deprived of this fundamental right. The aim of this study is to analyze the current state of the ECtHR jurisdiction on challenges in accessing healthcare for minor patients. We conducted a systematic search of judgments by the ECtHR using the keywords “healthcare” and “child”. We performed descriptive statistics and qualitative thematic analysis. Our search resulted in n = 66 judgments, which were all screened. Access to healthcare for minors played a role in n = 21 judgments, which involved applications against n = 13 countries. We formed five, partially overlapping categories, which represent recurring themes regarding the research topic. These themes are governance failure (n = 11), the status of refugee, asylum seeker or migrant (n = 5), parental home (n = 5), maternity and birth (n = 4) and others (n = 2). The normative framework of the ECtHR’s jurisprudence illustrates intersections between social, legal and medicoethical aspects of minors’ discrimination in the healthcare system. It emphasizes the particular vulnerability of children, who require exceptional protection. Inadequate access to healthcare manifests itself in specific situations, such as in the context of migration or staying in public institutions. Healthcare professionals need to be sensitized for such discrimination mechanisms, as they are often at the forefront of encountering structural discrimination in the healthcare system.

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Mobile Internet Access as a Human Right: A View from the European High North

Kirchner

2020

New Security Challenges

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A Right to Access to Emergency Health Care: The European Court of Human Rights Pushes the Envelope

Cited by 7 publications

References 1 publication

Aspects of legal regulation of the provision of medical services

Aspects of legal regulation of the provision of medical services

Access to Healthcare for Minors: An Ethical Analysis of Judgments of the European Court of Human Rights

Mobile Internet Access as a Human Right: A View from the European High North

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