Health and Human Rights, ECHR and the Constitution of the Portuguese Republic: an interpretation

• Autor(a) principal: Rodrigues, Carlos
• Data de Publicação: 2021
• Outros Autores: Campina, Ana
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10284/10767
• topic: Health; Human Rights; Constitution of the Portuguese Republic; National Health Care

The present research is part of a research line about the implementation of the right to health in Portugal and analyzes the level of compliance by the State with the right to health extracted from the European Convention on Human Rights. This research work focuses on the National Health Service and, therefore, we will initially analyze the concept of health in the context of some international treaties and conventions, looking at the interpretation that the European Court of Human Rights makes of the European Convention on Human Rights, researching on the right and the implementation of the right to health in the Constitution of the Portuguese Republic, to then study specifically at the National Health Service. On this last aspect we make a statistical approach to the work carried out by the NHS, in addition to its costs and the comparison of these with tax revenue collected in Portugal. We will also add a small comparative text on the cost of the right to health in Portugal with other OECD countries. Concerning the methodology applied to the research and production of this research work, it is important to emphasize that we carried out theoretical research, with a legal and judicial focus, in terms of International and Portuguese Law, that is, a qualitative methodology. Complementarily, and aiming at a foundation based on concrete data, as current as possible, we researched and treated statistical data, using a predominantly quantitative methodology. In short, the present work was developed scientifically in a mixed global methodology. Finally, we ll present our conclusions.