Right to Healthcare: Sustainability of the Insurance System and the Situation in the Czech Republic

Espaço Jurídico Journal of Law [EJJL]: Edição Especial - Graves Violações DDHH, p. 69-82

Charles University in Prague Faculty of Law Research Paper No. 2017/I/5

13 Pages Posted: 14 Feb 2017

See all articles by Petr Šustek

Petr Šustek

Charles University, Faculty of Law

Michaela Povolná

Charles University in Prague - Faculty of Law

Date Written: 2015

Abstract

The article deals with the question of right to healthcare as it is set by the Charter of Fundamental Rights and Freedoms of the Czech Republic and at the same time with the question of rationing in healthcare. Rationing in healthcare generally means a process realized by providing different levels of healthcare. In the Czech Republic, rationing in healthcare is rather based on a limitation of a treatment’s payment from public health insurance which, however, does not fit the common definitions of rationing. By describing and explaining these crucial questions the article discusses the possibility to limit the constitutional right to healthcare covered by public health insurance in the Czech Republic and shows these possibilities which are based on provisions of the Act No. 48/1997 Sb., on public health insurance. More widely it questions whether the system of public health insurance in the Czech Republic is sustainable at all.

Keywords: Healthcare, rationing, public health insurance

JEL Classification: I13, K32

Suggested Citation

Šustek, Petr and Povolná, Michaela, Right to Healthcare: Sustainability of the Insurance System and the Situation in the Czech Republic (2015). Espaço Jurídico Journal of Law [EJJL]: Edição Especial - Graves Violações DDHH, p. 69-82, Charles University in Prague Faculty of Law Research Paper No. 2017/I/5, Available at SSRN: https://ssrn.com/abstract=2915793

Petr Šustek (Contact Author)

Charles University, Faculty of Law ( email )

Nam. Curieovych 7
Praha, 11640
Czech Republic

Michaela Povolná

Charles University in Prague - Faculty of Law ( email )

Nam. Curieovych 7
Praha, 11640
Czech Republic

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