Abstract

VALE, Luís A. M. Menezes do. O direito à saúde na União Europeia em perspectiva diacrónica: elementos para uma genealogia do artigo 35.º da CDFUE (cont.). Nascer e Crescer [online]. 2012, vol.21, n.1, pp.42-53. ISSN 0872-0754.

In this second part of the investigation we will focus our attention on the right to healthcare, as recognized by the UE, concentrating our thoughts exclusively on article 35º of the CFREU. And since this precept prescribes a (i) solidarity (ii) right (iii) to healthcare where the Europe of Health, the Europe of Rights and Social Europe seem to converge and intersect our goal comes to be the reconstitution of the historical roots of these three components of the European project, describing their evolutionary course, as if they were streams, flowing into article 35º, and continually feeding its content. By means of such a display, we hope to propel some critical reflection, opening new possibilities of evolution, and using the referred genetic marks of article 35º as true sources to rethink, imagine, project and enact the continuous regulative re-construction of the EU Law specifically devoted to health protection and promotion.

Keywords : Charter of Fundamental Rights of the European Union; Article 35º; European Health Policies; Social policies; Human Rights and Fundamental Rights.

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