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Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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TY - JOUR
T1 - The application and interpretation of the EU Charter in the context of cross-border movement of patients
AU - Rieder, Clemens
PY - 2016
Y1 - 2016
N2 - Cross-border movement of patients in the EU has been traditionally linked to and analyzed from the perspective of the internal market. This article seeks to introduce human rights, namely the European Convention on Human Rights and the EU Charter of Fundamental Rights, into the discourse about migration of patients. The aim of this article is to address the question – now that the EU Charter has become binding – whether the application of human rights law in the context of cross-border movement of patients has the potential to deepen integration in this emerging area of law. For patients this could mean that it becomes easier to exit their home system and receive health care in another Member State, whereas for Member States it would amount to a (further) reduction of their sovereignty in a sensitive field.
AB - Cross-border movement of patients in the EU has been traditionally linked to and analyzed from the perspective of the internal market. This article seeks to introduce human rights, namely the European Convention on Human Rights and the EU Charter of Fundamental Rights, into the discourse about migration of patients. The aim of this article is to address the question – now that the EU Charter has become binding – whether the application of human rights law in the context of cross-border movement of patients has the potential to deepen integration in this emerging area of law. For patients this could mean that it becomes easier to exit their home system and receive health care in another Member State, whereas for Member States it would amount to a (further) reduction of their sovereignty in a sensitive field.
KW - health care
KW - human rights
KW - EU Charter
KW - solidarity
M3 - Journal article
VL - 22
SP - 451
EP - 482
JO - Columbia Journal of European Law
JF - Columbia Journal of European Law
SN - 1076-6715
IS - 3
ER -