EU health systems and distributive justice : towards new paradigms for the provision of health care services? / Danielle da Costa Leite Borges.
2017
KJE6206 .B67 2017 (Map It)
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Details
Title
EU health systems and distributive justice : towards new paradigms for the provision of health care services? / Danielle da Costa Leite Borges.
Published
London ; New York : Routledge, 2017.
Call Number
KJE6206 .B67 2017
ISBN
9781138645172 (hbk)
1138645176 (hbk)
9781315628301 (ebk)
1315628309
1138645176 (hbk)
9781315628301 (ebk)
1315628309
Description
xiv, 227 pages ; 24 cm.
System Control No.
(OCoLC)955532414
Summary
"[This book] uses theories of distributive justice to examine tensions created by the application of the Internal Market rules to the provision of health care services within the European Union. Using the concepts and principles embedded in the theories of egalitarianism and libertarianism, this book analyses the impact of the Internal Market rules on common values and principles shared by European health systems, such as universality, accessibility, equity and solidarity. This analysis is conducted using the specific issue of cross-border health care. This book makes innovative contributions to the study of the relationship between EU health systems and the Internal Market – it encompasses the analysis of all principles recognised by EU institutions as guiding principles of European health systems; it integrates human rights law and practice into the discussion of the EU Court of Justice’s approach to patient mobility cases; and it assesses the potential impact of the Internal Market over EU health systems through the lens of distributive justice, looking at the underlying principles of these systems that are mostly concerned with social justice."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 201-218) and index.
Record Appears in
Variant Title
European Union health systems and distributive justice
Gift
Purchased from the income of the Silver Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Silver Fund
Table of Contents
Acknowledgements
xi
List of Cases
xiii
Epigraph
xv
Introduction
1
1.
Ideology in the field of health care: a general overview
7
special importance of health and health care
7
Health care and theories of distributive justice
10
Egalitarianism
11
Equity and equality
15
Libertarianism
17
market and health care
19
Quasi-markets and the delivery of health care
25
Conclusion
27
2.
National and European approaches to social citizenship and solidarity
29
role of (social) citizenship
29
welfare state and social rights of citizenship: territorial v. personal dimensions
33
Citizenship, the welfare state and the meaning of solidarity
35
European citizenship and social rights
37
What about supranational (social) solidarity?
45
Conclusion
51
3.
provision of health services at the national level: models for the financing and delivery of health care, and their guiding principles
53
development of welfare services in the field of health care in Europe: a historic overview
53
Germany and the social insurance (or Bismarckian) model
56
Britain and the tax-based (or Beveridgean) model
63
Principles and values governing the provision of health care services in the EU
70
Solidarity
71
Equity
72
Defining the type of equity
72
Horizontal v. vertical equity
74
meaning of access: potential v. actual entry into the system
74
Barriers to access to health care
76
Need
78
Quality
79
Universality
81
Conclusion
82
4.
framework of health services provision at the EU level
84
Applicable legislation
84
Treaty rules: the provision on Public Health
84
question of competence
89
Treaty rules: other Treaty provisions
91
Internal Market and the provisions on services
91
Services of general interest (SGI) and rules on competition applying to undertakings
110
Secondary legislation
127
Legislation on the coordination of social security systems: Regulation 883/2004 (former Regulation 1408/71)
127
Directive 2011/24/EU
131
Conclusion
142
5.
Insights from Human Rights law and practice
143
core elements of the right to access health care services as a human right
143
Key legal texts at the international level
143
Content, principles, entitlements and obligations related to the right to health
144
Key human rights documents at the European level
147
Individualist and communitarian views of the right to access health care services and their relationship with human rights documents
152
Why a human rights approach to the right to health care promotes a communitarian view of this right
153
Why the type of policy developed at the European level may be said to promote an individualist view of the right to access health care services
156
Conclusion
160
6.
EU approach to health care and the development of new values in the provision of health services
161
EU and the development of market values in the field of health services: motivation and consequences
161
Health tourism as a market phenomenon
164
Health care, judicialisation of politics and multilateral conflicts
167
Other consequences of the application of liberal values to EU health care services: how these new values affect the principles of equity, solidarity, universality and quality
170
Solidarity
170
Equity
173
Reverse discrimination and the provision of health care services
177
Universality
186
Quality
186
How to cope with market values and solidaristic (egalitarian) principles of EU health systems?
189
Conclusion
195
Conclusion
196
References
201
Index
219