Author(s) Luciana Sousa Santos
Advisor(s) Isabel Celeste M. Fonseca
Synopsis To begin with a preliminary decoding, the aim of this thesis is, as its title clarifies, to study and analyze the topic of cross-border health care in a straight connection with the (in)sufficiency of the portuguese National Health Service (NHS). By splitting it in three steps, firstly, our thesis focuses on the reconstruction of the historical roots of the right to health and tries to inventory the foremost legal tools which seek to protect it, since they are unavoidably linked to the right to health care. In the second chapter, after an introduction to the cross-border health care concept, we will endeavor to thoroughly examine the european legal enforcement of the patients’ rights, emphasizing the Directive 2011/24/EU as one of the most flaming subjects. Regarding what we have just noted, we also find important to prospectively evaluate the potential impact of the aforementioned Directive on the portuguese Health Care System and, additionally, make a novel diagnosis of the Law n.º 52/2014, August 25th, related to the cross-border health care. Lastly, in the third chapter, we will propose some ways of enforcing the right to crossborder health care, not just from the viewpoint of patients who use the portuguese National Health Service or the Regional Health Services (RHS) and need to be treated in another Member State of the European Union (EU), but also from the point of view of patients from other european countries who search for health care in Portugal. To sum up, we will try to criticize and recommend some new approaches in order to open the debate about this matter. We will try to (re)think and keep on building the substance of the right to cross-border health care, which is devoted to the health protection. This thesis surely means the first step of a bigger project, certainly more complete, to carry out in the doctoral studies.
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