RESEARCH
LPL EDITIONS
RESEARCH ACADEMY
HAPPENING
RESEARCH
Constitutional Law and Political Science
Direitos dos pacientes e Serviço Nacional de Saúde
Cláudia Monge
Jean McHale | Centro de Direito, Ciência e Política da Saúde, Birmingham Law School
Pedro Madeira de Brito | Centro de Investigação de Direito Privado, FDUL
39 meses
Ongoing
Summary
Mindful of the protection of the right to health as a human right and a fundamental right, the project is based on an analysis of the factual context and of the normative, administrative and judicial frameworks of countries with a National Health Service model for the realisation of the right to health.
The project encompasses the identification of socially relevant legal issues in health systems based on a National Health Service model and the presentation of public policy proposals to strengthen patients’ rights, including expedited mechanisms of civil liability.
Objectives
Through the analysis of problems common to different countries with a National Health Service model, the central objective of the project is to contribute, from a legal perspective and through proposals addressed to the different functions of the State and to multi-sectoral public policies, to a more favourable framework for the realisation of the right to health and of other human and fundamental rights of patients in the context of healthcare provision.
The legal analysis and the measures to be proposed aim to contribute to a more efficient, and environmentally and financially sustainable functioning of national health services as a model of service provision in different European countries, alongside the strengthening of patients’ rights and of the administrative and judicial protection of those rights.
Relevance
The project presents an innovative analysis of topics common to different European countries in a socially relevant field, namely the provision of healthcare.
The identification of cross-cutting problems in the countries under study, aimed at strengthening the protection of human rights and fundamental rights, is of scientific relevance, including the right to life, in both its substantive and procedural dimensions, the rights to health, to physical integrity and to moral integrity, to respect for private life and to the protection of personal data. Highly topical issues, such as access to medical and pharmaceutical care and proposals for more expeditious mechanisms for the compensation of harm, are also the subject of analysis.
The project falls within the scope of strengthening the resilience of health systems, an objective of Regulation (EU) 2021/522 of the European Parliament and of the Council of 24 March 2021 (the EU4Health Programme), and is also relevant in light of the new Regulation on the European Health Data Space, as well as from the One Health perspective, which recognises the connection between health and the environment.
The project focuses on patient safety, a topic selected by the World Health Organization, with a Global Action Plan for 2021–2030, which provides for measures that still require further development.
