Negotiating Rules and Interpretations in the Field of Healthcare Rights
Bioethics and Health Law Journal (BHL),
Vol. 2 No. 1 (2022),
22 May 2022,
Page 1-14 (e1)
https://doi.org/10.22037/bhl.v2i.21297
Background and Aim: The article argues for more active participation of ethnocultural minorities in healthcare decisions and highlights the relevance of strategies aimed at creating a bottom-up engagement of people and groups, as well as of measures aimed at broader organizational flexibility, in order to meet migrants' and minorities' needs.
Methods: The current study aimed at casting light on negotiating rules and interpretations in the field of healthcare rights and its scope using primary and authentic sources on law and rights and seeking the related keywords in these sources.
Ethical Considerations: The principles of research ethics have been observed in studies and citing the primary texts and sources.
Results: Finally, the article clarifies that these strategies are not simply the outcome of a welcoming attitude of the Western healthcare system.
Conclusion: but may be interpreted as a specific duty resulting from the notion of 'particularly vulnerable groups', as formulated by the ECtHR in its case law: when vulnerable groups are at stake, every decision about state actions and rules regarding healthcare should start from an aprioristic favor towards the needs of vulnerable minority groups.
*Corresponding Author: Fabio Macioce; Email: f.macioce@lumsa.it; ORCID: https://orcid.org/0000-0003-3638-001X
Please cite this article as: Macioce F. Negotiating Rules and Interpretations in the Field of Healthcare Rights. Bioeth Health Law J. 2022; 2(1):1-14 (e1). http://doi.org/10.22037/bhl.v1i.21297