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e-Pública: Revista Eletrónica de Direito Público

On-line version ISSN 2183-184X


MONGE, Cláudia. The fundamental right to health protection . e-Pública [online]. 2019, vol.6, n.1, pp.75-100. ISSN 2183-184X.

This article aims to analyze the right to health protection, the legal effects of its provision as a fundamental right and as a human right, and the state duties that such a provision demands. The essential aspects of the right to health protection are stated, both in the provision of health care through the National Health Service, as well as in the promotion of health and disease prevention, through action on health determinants. Advocacy for the rights of persons in a health context is further upheld, and how the Basic Health Law should respond to present and future challenges in safeguarding people's rights in health protection.

Keywords : The right to health protection; state duties; National Health Service; patients’ right; Basic Health Law.

        · abstract in Portuguese     · text in Portuguese     · Portuguese ( pdf )