THE RIGHT TO ACCESS HEALTH CARE: HEALTH CARE ACCORDING TO EUROPEAN SOCIAL SECURITY LAW INSTRUMENTS

In this contribution we will look at how the traditional European social security conventions shape the fundamental right to health care. As to the instruments under investigation we focus upon the regional agreements that have been enacted within the framework of the Council of Europe. More specifically we will discuss how the (Revised) Social Charter and the minimum standard setting instrument (Code) give expression to the right to access to health care. This overview is then complemented by an analysis of recent case law of the European Court of Human Rights. The latter Court is indeed increasingly screening the national social security rules on their compatibility with the fundamental rights, as they are enshrined in the European Convention on Human Rights. Hence we will dwell upon the potential impact of this case law on the right to access health care. In the conclusions we will compare the three instruments regarding their legal interpretation of the right to health care.