Abstract

VALE, Luís A. M. Menezes do. The right to health in the eu in a diachronic perspective: a genealogy of article 35º of the CFREU. Nascer e Crescer [online]. 2011, vol.20, n.4, pp.276-282. ISSN 0872-0754.

The main purpose of this article is to portray the basic historical genealogy of article 35º of the European Union Charter of Fundamental Rights, while it can be captured at the confluence of three relevant veins of the European integration process: those respectively concerned with health, human rights and sociality. In PART I, once the opening considerations are concluded, we will risk a quick glimpse into the horizon of understanding which is to be assumed, regarding the relations between health, justice and law: so, departing from the acknowledgment of health’s crucial importance as a fundamental human good - with a myriad of meanings and valences (and therefore nuclear to several sorts of epistemic discourses, as well as to social systems and practices) - we will expose some of the most provocative questions it poses as relevant problems of justice, which demand some kind of juridical intervention. We will conclude, then, with a summarized characterization of health law, and particularly, of the right to health care - both considered in general terms, as derived from the contemporaneous international, transnational and comparative law standards

Keywords : Health; healthcare; good; types of justice; health law; right to health care; Charter of Fundamental Rights of the European Union; article 35.º; European Health policies; Social policies; human rights and fundamental rights.

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