Protection of the Right to Health through Legal Means and Marketing Studies

• Main Authors: Adelin-Mihai Zăgărin, Alexandru-Bogdan Ursoiu
• Format: Article
• Language: English
• Published: Danubius University 2021-06-01
• Series: EIRP Proceedings
• Subjects: the right to public health; public health services; public health standards; malpractice; free movement in the field of health care
• Online Access: https://dp.univ-danubius.ro/index.php/EIRP/article/view/159/159

Guaranteeing the right to health care requires a positive obligation on the part of the state to take measures to ensure hygiene and public health. Viewed through European law, in the jurisprudence of the CJEU the right to health care has been the subject of several approaches, even if under a different title, including the right to administer pharmacies, the right to market medicines in conditions of quality and patient safety, etc. In conclusion, it can be seen that the provisions of international documents do not limit the right to health only to the provision of health care. The right to health is portrayed by the incorporation of economic and social factors with a role in creating the conditions for a healthy life, including: nutrition, access to drinking water, food security, access to public health services, etc. International legal documents give priority to public health measures, although sometimes the imposition of such measures may conflict with certain individual rights and freedoms relating to quarantine, vaccination or individual freedoms.