Article title Judicial protection of the right to health
Authors
Name of magazine Scientific-practical journal
«Medical Law» Ukrainian language
Issue 2/2014
Сторінки [37-47]
Annotation Peculiarities of the justiciability of the right to health care are elucidated in article through the prism of a courts practice. Case-law of the constitutional courts of former socialist countries i.e. Poland, Czech Republic, and Slovenia and legal positions of these courts towards implementation of systems of medical insurance are analyzed. Legal position of the courts in Germany and the Netherlands as regards to providing access to high-cost medicines is described. The situation under which constitutional control is lacking like it is in the Netherlands, as regards to enforcing the right to health care by the courts is analyzed. Certain issues of justiciability of the right to health care at the European level are elucidated in article as well. In particular accent is made on the case-law of the European Court of Human Rights. Attention is also paid to realization of the right to health care by the asylum-seekers within the context of the European Court of Human Rights case-law.
Keywords health care, justiciability, access to health care.
References