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ILGA Europe AGM, 17 October 2003
Is the EU good for your health?
What can it do? What does it do? What should it do? What will it do?
ILGA Europe AGM, 17 October 2003
What does the EU treaty state?
Article 152 of the Amsterdam Treaty (1997):
“a high level of health protection shall be ensured in the definition and implementation of all Community policies and activities”
Legislation permitted only on blood and blood products, human tissues and cells.
EU must respect Member State responsibility for organisation, financing and delivery of health care
ILGA Europe AGM, 17 October 2003
What EU rights to health exist?
“Everyone has the right of access to preventative healthcare and the right to benefit from medical treatment under the conditions established by national law and practices”
Charter of Fundamental Rights of the EU, Adopted in Nice, December 2000
ILGA Europe AGM, 17 October 2003
The competing interests at EU level
EU Member States: damage limitation -- protect and control own healthcare systems.
Commission: ability to use the full range of instruments to address major health threats.
NGOs: recognition of health as a human right and counterbalance to economic imperative of the single market.
Industry : Simplify and harmonise the business environment.
ILGA Europe AGM, 17 October 2003
Why health needs to be addressed at EU level
Addressing health inequalities. Maintaining the solidarity-equity-sustainability triangle.
EU policies impact on our health and internal market legislation is de-facto creating policy on health related issues
The Commissioner has greater powers to promote animal welfare than to protect human health
Evidence that tackling major health burdens (tobacco, alcohol, obesity, drugs) needs legislation, fiscal measures, healthcare professionals and education.
ILGA Europe AGM, 17 October 2003
Some EU policies that affect health
Common Agricultural Policy Regulation of Pharmaceuticals, chemicals,
pesticides Animal health and food safety Internal market (marketing of alcohol,
tobacco, junk foods) Energy and transport policies International trade agreements (GATS,
TRIPS)
ILGA Europe AGM, 17 October 2003
ECJ: Lawyers setting the health agenda
Judgements: Kohl & Decker 1998, Vanbraekel and Smits-Peerboom 2001, Muller-Faure and Van Riet 2003 set the following principles: Healthcare is a service and it must be freely provided and accessed Prior authorisation is a barrier to free movement and cannot be required ‘Undue delay’ new concept being tested in the courts Patients become ‘consumers’ of healthcare
ILGA Europe AGM, 17 October 2003
A vision of a ‘Europe of health’
Political leadership by a charismatic Commissioner
A reinforced DG Health with a mandate that reintegrates public health, pharmaceuticals, workplace safety. Coordination of various EU agencies (EMEA, EFSA, ECDC etc)
MEPs that regularly demand health impact assessment (HIA) on all legislation and policies
Health rights explicit in EU treaty Priority for health reflected in resource
allocation
ILGA Europe AGM, 17 October 2003
Will treaty reform change things?
Convention : health barely addressed, debate was ill-informed and focussed on communicable diseases and healthcare.
Result: health is not in Art I-3, confusing split of competencies between EU and MS
IGC : Some political momentum to change Article 179 but with an emphasis on excluding healthcare from internal market.
Result?:
ILGA Europe AGM, 17 October 2003
European Public Health Alliance
33 Rue de Pascale
B-1040 Brussels
Belgium
Tel : +32-2 230 30 56
Fax : +32-2 233 38 80
www.epha.org
