chapter  5
Insights from Human Rights law and practice
Pages 18

Having analysed the situation of health services in the context of EU law, the book moves now to another field of law, namely that of human rights. The objective of this chapter is to provide an overview of how health services are situated within this field of law. This will be done through the analysis of the most important human rights documents concerning health services. Then, I will outline the relationship between the content of these documents and theories of distributive justice, especially the communitarian and individualist views of health care. The idea is to show that a human rights approach to health care is inspired by egalitarian and communitarian theories, supporting, thus, the view taken by this book, i.e. that these theories are the most appropriate to be used as basis for the development of health systems and policies based on the principle of solidarity, as is the case of EU health systems.