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The Right To Health Under The Echr

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Chapter Summary

Unlike the right to education and the right to organise both rights appearing in European Social Charter (ESC)/ Revised European Social Charter (RESC) and European Convention on Human Rights (ECHR) the right to health is traditionally considered a right exclusively belonging to the category of social rights. This chapter focuses on a selection of health related issues, most of which have positive and oft en also budgetary implications for Member States. It provides a discussion of the right to health in general and proceeds with a discussion of health issues in relation to two special groups of individuals, namely people deprived of their liberty, and children. The chapter then deals with the issue of striking a fair balance between the conflicting interests of the individual and the community in the context of environmental nuisance.

Keywords: European Convention on Human Rights (ECHR); European Social Charter (ESC)



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