engleski

Right to Health Care in EU and Canada - Role of the Centre in Complex Entities

Right to health care is a socio-economic right. It is positive in a sense that government needs to provide resources and set the priorities for the individuals to be able to consume it. Provision of health care within complex political entities such as EU and Canada is divided between different actors, namely the federal government and provinces in case of Canada, and the European institutions and the Member States in case of EU. In the described circumstances, division of power between the said actors significantly affects individual’s possibilities to access health care. The aim of the paper is to analyse EU and Canadian legal framework and determine whether the role of the “centre” (EU institutions and the federal government) facilitates or makes harder the exercise of the individual right to health care. The paper first analyses elements of EU legal framework dealing with health care and the division of power between the EU and the Member States in this regard. It then analyses the Canadian legal framework, focusing on the division of power concerning health care provision between the federal government and the provinces. The paper then compares the cases of EU and Canada and tries to determine the right balance of power between the centre and the constituent parts in order to facilitate exercise of the right to health care.

: Canada, EU, health care, Member States, provinces

nije evidentirano