City Research Online

Abstract

Those who are familiar with either European Union equality law, or health law and policy, may be surprised to learn of any relations between the two. Union equality law is best known for its long-standing contribution to promoting equality in the workplace and in social security, and its more recent contributions to combating violence against women. (Gender) equality in health law and policy may seem like a wholly national competence. This first scoping report on the subject shows that, in fact, there are many points of connection between Union (gender) equality law and access to healthcare. Union law affects gender equality in access to healthcare directly and indirectly through a range of legal instruments. Key provisions include the Goods and Services Directive, the ‘Recast’ Directive, and the Violence Against Women Directive. Many more measures of Union law are also engaged. This legislation is based on a wide range of formal Union competences, including but also going well beyond the ‘traditional’ Union equality law legislation. A scoping report of this nature shows the breadth of possibilities for Union law to tackle gender discrimination and inequality in access to healthcare. It can offer depth only in a few selected areas. The report does so, drawing on comparative national expertise from the European Equality Law Network, on personal and material coverage by national healthcare systems, gender-sensitive healthcare, obstetric violence, and sexual harassment/assault in healthcare settings. We consider regulatory matters and the role of national equality bodies in promoting gender equality in access to healthcare. The opportunities for Union law to contribute to tackling gender discrimination and inequality in access to healthcare are under-appreciated and full of untapped potential. This report – focused only on Union ‘internal’ law, and excluding Union external relations law – shows the extent of these possibilities.

Publication Type:	Report
Additional Information:	Copyright: European Union.
Subjects:	K Law > K Law (General) R Medicine > RA Public aspects of medicine
Departments:	The City Law School The City Law School > Academic Programmes
SWORD Depositor:	Symplectic Administrator

Export

Downloads