Protecting the Right to Emergency Medical Service in the European Court of Human Rights and Collective Complaint Procedure

The European Court of Human Rights (ECtHR) is generally described as the most effective human rights protection mechanism. While the jurisdiction of the Court is limited to civil and political rights, the protection of socio-economic rights at the Council of Europe is sought primarily through the Co...

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Main Author: Uusitalo Jenna
Format: Article
Language:English
Published: Sciendo 2018-06-01
Series:Baltic Journal of Law & Politics
Subjects:
Online Access:https://doi.org/10.2478/bjlp-2018-0003
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author Uusitalo Jenna
author_facet Uusitalo Jenna
author_sort Uusitalo Jenna
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description The European Court of Human Rights (ECtHR) is generally described as the most effective human rights protection mechanism. While the jurisdiction of the Court is limited to civil and political rights, the protection of socio-economic rights at the Council of Europe is sought primarily through the Collective Complaint Procedure (CCP). Such a distinction reflects the traditional perception of human rights, according to which the protection of socio-economic rights has been regarded as inferior to first-category human rights. However, analysis of the ECtHR and CCP from the viewpoint of emergency medical service illustrates that, contrary to the prevailing understanding, both mechanisms do provide equally effective protection for claims concerning the right to emergency health care.
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spelling doaj.art-e21f1504556447cdb84f47f19c637b3d2022-12-21T21:30:00ZengSciendoBaltic Journal of Law & Politics2029-04542018-06-01111488410.2478/bjlp-2018-0003bjlp-2018-0003Protecting the Right to Emergency Medical Service in the European Court of Human Rights and Collective Complaint ProcedureUusitalo Jenna0Ph.D. Candidate, University of Helsinki, Faculty of Law (Finland)The European Court of Human Rights (ECtHR) is generally described as the most effective human rights protection mechanism. While the jurisdiction of the Court is limited to civil and political rights, the protection of socio-economic rights at the Council of Europe is sought primarily through the Collective Complaint Procedure (CCP). Such a distinction reflects the traditional perception of human rights, according to which the protection of socio-economic rights has been regarded as inferior to first-category human rights. However, analysis of the ECtHR and CCP from the viewpoint of emergency medical service illustrates that, contrary to the prevailing understanding, both mechanisms do provide equally effective protection for claims concerning the right to emergency health care.https://doi.org/10.2478/bjlp-2018-0003collective complaint procedureemergency medical serviceeuropean convention on human rightseuropean court of human rightseuropean social charterhuman rights
spellingShingle Uusitalo Jenna
Protecting the Right to Emergency Medical Service in the European Court of Human Rights and Collective Complaint Procedure
Baltic Journal of Law & Politics
collective complaint procedure
emergency medical service
european convention on human rights
european court of human rights
european social charter
human rights
title Protecting the Right to Emergency Medical Service in the European Court of Human Rights and Collective Complaint Procedure
title_full Protecting the Right to Emergency Medical Service in the European Court of Human Rights and Collective Complaint Procedure
title_fullStr Protecting the Right to Emergency Medical Service in the European Court of Human Rights and Collective Complaint Procedure
title_full_unstemmed Protecting the Right to Emergency Medical Service in the European Court of Human Rights and Collective Complaint Procedure
title_short Protecting the Right to Emergency Medical Service in the European Court of Human Rights and Collective Complaint Procedure
title_sort protecting the right to emergency medical service in the european court of human rights and collective complaint procedure
topic collective complaint procedure
emergency medical service
european convention on human rights
european court of human rights
european social charter
human rights
url https://doi.org/10.2478/bjlp-2018-0003
work_keys_str_mv AT uusitalojenna protectingtherighttoemergencymedicalserviceintheeuropeancourtofhumanrightsandcollectivecomplaintprocedure