Research Handbook on EU Health Law and Policy
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Research Handbook on EU Health Law and Policy

Edited by Tamara K. Hervey, Calum A. Young and Louise E. Bishop

The steady expansion of the European Union’s involvement in health over the past 20 years has been accelerated by recent events. This handbook offers an up-to-date analytical overview of the most important topics in EU health law and policy. It outlines, as far as possible, the direction of travel for each topic and suggests research agenda(s) for the future.
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Chapter 4: Fundamental rights and EU health law and policy

Calum Alasdair Young

Abstract

Calum Alasdair Young takes up the emergent narrative of fundamental human rights, characterising this as an area of ‘frustrated potential’ for the future development of EU Health Law and Policy. The chapter lays out the role fundamental human rights play within EU law as a whole and analyses how fundamental human rights interact with EU Health Law and Policy. The EU’s Charter of Fundamental Rights forms part of the direction of travel. Fundamental human rights are a tool to interpret and a standard to review health policy; a potential source of increased access to healthcare; a potential health-based limitation on free movement; a way to frame health policy; and a potential source of EU health policy. However, despite these areas of interaction and the potential of Article 35 of the EU’s Charter of Fundamental Rights, on the right to healthcare, the main actors involved have repeatedly rejected the possibility of a fundamental human rights approach.

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