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WEEK 1 Human Rights Framework + ICESCRInternational Health Law:
Understanding Human Rights Frameworks (1)
Key principles at national level
Course introduction
• Rationale
• Objective
• Course structure
• Teaching method
• Exam
• Credit
Lecture 1: Topics
- Principles of Health Law (1)
- International Health Law (1 a.)
- ICESCR (1 b.)
ICESCR: International covenant on Economic, Social and Cultural rights
, 1. What is health law?
• Health Law = legal principles and rules regarding:
Patients/Clients
I III
Health care provider II health care insurer/payer
The triangle basic principles of health law.
Analysing relationships between stakeholders. And particularly the relationships within the
health care setting.
The key actors: patients, providers and insurers.
In international context, payer is not only the insurer but could also be the in NHS systems in
other countries a payer..
So broad concept of payer / insurer
Health care provider not only individual GP or pharmacist but all kinds of providers are
included
So health law is between these 3 relationships
We seem to be missing the stakeholder, the state itself!
It is not an omission, why is state excluded from it? See Q&A session
Particularly a national approach, not exclusively Dutch, but more a general approach of
health law! Health law and not medical law!
Health law is a broader notion than medical law!
, What is health law?
• Health law =
I. Law regarding health care provision
II. Law regarding health care purchasing
III. Law regarding health care insurance
Covers various relationships!
Even here human rights may be applicable. In all three relationships human rights may be
applicable in general, some in different contexts and intensity, but in general the human
rights issues are also applicable in these 3 relationships.
Principles of health law
• Does health law have principles of its own?
- Yes, strong notion: principles of its own but particularly on individual
self determination and equal access to health care are leading
principles!
➢Henk Leenen
- No, weak notion (just an application of existing legal framework). It
doesn’t have any principles of it’s own, it is just application of civil, penal
or administrative law. No unique discipline!
➢Bernard Sluijters
• Leenen
- Principles of individual self determination and equal access to health care
• Sluijters
- Principles of civil law, penal law, etc.
, Principles of health law
• Does health law have principles of its own?
▪ Yes, strong notion of health law
➢Martin Buijsen
Health law = the realization of (a unique combination of)
human rights
Separate branch of law! Is health law, but not so much because of self determination,
because that itself cannot explain certain difficulties or problems in health care setting by
it’s own and therefore not justified by a unique principle. But what justifies health law? →
access to health care as the underlying principle of health law. Explaining the key issues in
the health care setting and therefore a strong notion of health law
However, it is not only the right to healthcare or healthcare access (=leading principle) but
still can not ignore that health law also applies other principles like equal treatment non
discrimination, privacy rules = general legal principles, but what makes health law unique is
the right to health care
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