Deficiențe sistemice identificate în contextul Covid-19 privind dreptul la ocrotirea sănătății
Systemic Deficiencies Identified in the Covid-19 Context on the Right to Healthcare

Author(s): Cătălina Georgeta Dinu
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, General Reference Works, Civil Law, Sociology, Health and medicine and law, Source Material
Published by: Universul Juridic
Keywords: right to health care; public interest; state of emergency; pandemic;
Summary/Abstract: The pandemic generated by the new Coronavirus caused a rapid change in the way of approaching the legal issues and the adaptation to a legislative framework that tried to regulate the new factual situation. A number of notions and legal institutions have acquired a special importance, being necessary their reinterpretation in the context of COVID-19, in order to identify solutions that correspond to these situations that humanity has been facing and, at the same time, have brought to the light systemic deficiencies which until then had not been considered sufficiently relevant or which had been amplified to an incredible extent. Force majeure, state of emergency, military commands, public interest, public health are just some of the notions that got a major role overnight. Emergency medical assistance and dental care, the rights of patients with chronic diseases, the fair balance between restricting the exercise of individual rights and public safety have led to a relaunch of medical law - a branch of law which, until recently, has been in a shadow cone, poorly represented from a doctrinaire point of view. Also, the sudden emergence of an unprecedented new global situation has been a challenge for public administration authorities, both at central and local level, and, in the same time, a necessity to manage it effectively and make appropriate decisions. The objective of this study is to present a retrospective analysis of the most important situations of this kind, from a juridical perspective and the underlining of the found deficiencies.

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