- Title Pages
- Preface
- List of Abbreviations
- Notes on the Contributors
- 1 The Future of Social Rights Protection in Europe
- 2 Social Rights in European Constitutions
- 3 The Supervisory Machinery of the European Social Charter: Recent Developments and their Impact
- 4 Assessing the Strengths and Weaknesses of the European Social Charter's Supervisory System
- 5 Domestic Enforcement of the European Social Charter: The Way Forward
- 6 The Material Impact of the Jurisprudence of the European Committee of Social Rights
- 7 Anchoring the European Union to the European Social Charter: The Case for Accession
- 8 The Trajectory of Fundamental Social Rights in the European Union
- 9 Social and Labour Rights under the EU Constitution
- 10 Fundamental Labour Rights after the Lisbon Agenda
- 11 How to Be Fundamental with Soft Procedures? The Open Method of Coordination and Fundamental Social Rights
- 12 The Right to Work
- 13 Walking in the Same Direction? The Contribution of the European Social Charter and the European Union to Combating Discrimination
- 14 The European Social Charter and EU Anti-discrimination Law in the Field of Disability: Two Gravitational Fields with One Common Purpose
- 15 We Don't See a Connection: The ‘Right to Health’ in the EU Charter and European Social Charter
- 16 The Integration of Social Rights Concerns in the External Relations of the European Union
- 17 European Fundamental Social Rights in the Context of Economic Globalization
- Bibliography
- I. General Liter Ature on Social Rights in Europe
- II. The EU and Social Rights
- III. The European Charter (ESC)
- IV. The European Convention on Human Rights (ECHR) and Social Rights
- V. The Relationship Between EU, ESC, and ECHR as Regards the Protection of Social Rights
- VI. Social Rights in National Law and National Implementation of ESC, ECHR, and EU Social Rights-Related Law
- VII. The Protection of Specific Social Rights in Europe (EU, ESC, and ECHR)
- Index
We Don't See a Connection: The ‘Right to Health’ in the EU Charter and European Social Charter
We Don't See a Connection: The ‘Right to Health’ in the EU Charter and European Social Charter
- Chapter:
- (p.305) 15 We Don't See a Connection: The ‘Right to Health’ in the EU Charter and European Social Charter
- Source:
- Social Rights in Europe
- Author(s):
Tamara K. Hervey
- Publisher:
- Oxford University Press
This chapter identifies the strongest disjuncture, arguing that although the European Union (EU) in many ways is involved in exercising health policy powers, it does not acknowledge a ‘right to health’ in this context, even though the European Committee of Social Rights has begun to shape such a right under Article 11 of the revised Charter. This chapter considers the expressions of the internationally recognized ‘right to health’ in the EU's acquis and the ‘jurisprudence’ and ‘soft law’ of the European Social Charter. The chapter suggests that the absence of a language of rights in the EU context is explicable in part by reference to the assumption that the ‘right to health’ is protected at national level and secondly by reference to competence concerns: that it is neither the EU's role nor within its power to promote or to require states to promote the right to health.
Keywords: European Union, European Committee of Social Rights, Charter, soft law, right to health
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- Title Pages
- Preface
- List of Abbreviations
- Notes on the Contributors
- 1 The Future of Social Rights Protection in Europe
- 2 Social Rights in European Constitutions
- 3 The Supervisory Machinery of the European Social Charter: Recent Developments and their Impact
- 4 Assessing the Strengths and Weaknesses of the European Social Charter's Supervisory System
- 5 Domestic Enforcement of the European Social Charter: The Way Forward
- 6 The Material Impact of the Jurisprudence of the European Committee of Social Rights
- 7 Anchoring the European Union to the European Social Charter: The Case for Accession
- 8 The Trajectory of Fundamental Social Rights in the European Union
- 9 Social and Labour Rights under the EU Constitution
- 10 Fundamental Labour Rights after the Lisbon Agenda
- 11 How to Be Fundamental with Soft Procedures? The Open Method of Coordination and Fundamental Social Rights
- 12 The Right to Work
- 13 Walking in the Same Direction? The Contribution of the European Social Charter and the European Union to Combating Discrimination
- 14 The European Social Charter and EU Anti-discrimination Law in the Field of Disability: Two Gravitational Fields with One Common Purpose
- 15 We Don't See a Connection: The ‘Right to Health’ in the EU Charter and European Social Charter
- 16 The Integration of Social Rights Concerns in the External Relations of the European Union
- 17 European Fundamental Social Rights in the Context of Economic Globalization
- Bibliography
- I. General Liter Ature on Social Rights in Europe
- II. The EU and Social Rights
- III. The European Charter (ESC)
- IV. The European Convention on Human Rights (ECHR) and Social Rights
- V. The Relationship Between EU, ESC, and ECHR as Regards the Protection of Social Rights
- VI. Social Rights in National Law and National Implementation of ESC, ECHR, and EU Social Rights-Related Law
- VII. The Protection of Specific Social Rights in Europe (EU, ESC, and ECHR)
- Index
