Suchergebnisse

The right to equal access to health care is a fundamental principle that is part of the human right to health care. For victims of a violation of the human right to equal access to health care it is important that a judicial or quasi-judicial human rights body can adjudicate their complaints in this regard. Justiciability contributes to the protection and realisation of the right to equal access to health care and further determines the meaning of this right. The justiciability of the human right to equal access to health care is complex. It is one of the economic, social and cultural rights, and ever since the emergence of these rights, their justiciability has been a contentious issue. Moreover, in practice it is much more difficult for an alleged violation of an economic, social or cultural right to be subject of review by a court of law or a quasi-judicial procedure than it is for a civil or political right. Nevertheless, over the last two decades several developments at international United Nations and regional Council of Europe human rights level have strengthened the justiciability of economic, social and cultural rights, which also has implications for the justiciability of th