Human rights and unequal access to care

Davies J.

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Human rights and unequal access to care

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Abstract

The right to assistance extends to health care, and any person, whatever his legal status, should enjoy access to appropriate care. However, experience shows that, in reality, the implementation of this law is based primarily on the political will of communities to develop networks of care activities adapted to the target population, which, more often, find themselves in precarious situations (the elderly, the unemployed, refugees, etc.) Based inter alia on the principles of equivalence of care and solidarity, this approach to community medicine is part of a social care multi (financial, social and professional reintegration, etc.)For many years, "Fundamental Rights", often called "Liberties individual" or "rights of man myself," have been established and legally recognized (right to life and physical integrity, freedom personal right to equality, etc..), both in terms of Swiss law (federal constitutional law and federal case law, constitutional rights jurisprudence of the cantonal and district courts) and in terms of public international law (European Convention for the Protection of Human Rights and Fundamental Freedoms, European Social Charter, etc.)..Are there any rights that are guaranteed in the health field? In Switzerland, apart from the social security system, including the Federal Law on Health Insurance of 18 March 1994 (hereinafter LAMal) raised since its inception in 1995 the principle of compulsory membership of any person resident in Switzerland for three months, (1) doctrine and jurisprudence have admitted the existence of minimum rights in health, including "what is essential to an existence worthy of human dignity," including (2) before any medical care necessary and urgent

Summary
Introduction
Insecurity and poverty
The mobile community care
The health unit for migrants
The current state of law
Socialist party supports the mobilization of 26 May 2009
French socialists involved in the Brussels
The social mobilization for equal access to care
Conclusion
Bibliography

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[...] The social mobilization for equal access to care A few weeks after the first reading in the National Assembly the draft law "Hospital, Patients, Health Territories and consideration before the Senate, the deeper malaise in the health sector. The challenge is growing, as evidenced by the national day of action on 28 April 2009. Patients, professionals, elected officials expressed their displeasure and concern. The major issue is: it's the future of our system of collective solidarity. Over 15% of the French to forgo treatment for financial reasons, nearly 40% are delaying the time to do so have no cover; territorial inequality in access to health care is widening, with extension of medical deserts. [...]

[...] Tuesday 26 May, the Socialist Party calls on the French to stand up and say clearly that they want more effective policy on the unjust economic and social terms. And Sunday June he proposed to French to give an outlet to these political mobilizations by voting and voting overwhelmingly for the Socialist lists. On 7 June, with the Socialist vote, we must unify the voices of the left to the right in power in France and Europe. Participate in many decentralized: Trade union organizations of retirees CFDT, CFTC, CFE-CGC, CGT, FOR, FP and FGR-UNSA call retirees to participate in the decentralized day of action on 26 May and the great events of the day June 13. [...]

[...] Parades of Labor Day, held this Friday in a historic union deal with the crisis, gathered far more demonstrators than previous May 1st, but seem to have remained below the national mobilization of last March 19 which had light show between 1.2 and 3 million people. In total, over 280 unit parades were planned across the country. They are against the policy of the government accused of not sufficiently boost consumption and to maintain certain contested reforms (hospital, education). Is also referred employers suspected of profiting from the crisis to expand social programs while continuing to pocket the dividends. [...]

[...] In conclusion: Equality of Access to Health Care Recognized as a Human Right In this sense the choice of social policy in the communities including cantonales make truly effective legal guarantees, as we have described above about the Mobile Unit and the Community Care Health Unit for migrants in Geneva. However, although this approach fully respects federalism and cantonal authorities to leave considerable discretion in practice, should take care that this situation does not create disparities between communities in terms of social policy choices which are facts. [...]

[...] The current State of Law: The legal safeguards now recognized in access to care First, with regard to public international law applicable Swiss law, it should be noted especially the safeguards imposed by the European Social Charter (see articles 11 and 13) and the case law in relation to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). However, it should be noted that on the one hand, the obligations under the European Social Charter are not binding vis-à-vis the signatory countries, but above all represent axes on which social arrangements must gradually be made in the country to meet the principle set out in the Charter (right to education and training, housing rights, right of access to a health system responsive, etc.). [...]

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