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Health And Human Rights, Echr And The Constitution Of The Portuguese Republic: An Interpretation

Author

Listed:
  • Carlos Rodriguez

    (Universidade Fernando Pessoa, Portugal)

  • Ana Campina

    (Universidade Fernando Pessoa, Portugal)

Abstract

Health is a Human Right needing a permanent attention, study, and interpretation. As the conceptualization of Health is complex, the universality and legal recognition by the International Law has relevant perspectives and inherent consequences for the human beings, the States - political, economic, social, cultural – requiring a particular understanding and scientific interpretations. This research applied a qualitative method, but including an important study of statistics, so quantitative, by the Human Rights perspective, there is a health conceptual overview within the International, European Law, focus on the Portuguese legal study case. The European Convention on Human Rights (Council of Europe) has been used to tackle health as a right most different contexts, Portugal as a member is charged to protect the lives of all human beings of his jurisdiction, guaranteeing the right to health. This right is recognized by the Constitution of the Portuguese Republic (1976), there is an important National Health Care System and Portugal is growing in compliance with the right to health in accordance with international standards.

Suggested Citation

  • Carlos Rodriguez & Ana Campina, 2021. "Health And Human Rights, Echr And The Constitution Of The Portuguese Republic: An Interpretation," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 10(3), pages 180-191, December.
    • Handle: RePEc:sja:journl:v:10:y:2021:i:3:p:180-191
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    More about this item

    Keywords

    health; human rights; Constitution of the Portuguese Republic; national health care.;
    All these keywords.

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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