Residencias, hospitales y personas mayores durante la COVID 19: Estudio desde la afectación de derechos fundamentales

More than three years after COVID-19 caused thousands of deaths in a few weeks in old people’s care homes in Spain, this article analyses the facts in order to assess whether recognised fundamental rights may have been violated. To this end, it analyses the criteria used to regulate access to the he...

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Bibliographic Details
Main Author: Dalli Almiñana, María
Format: Article
Language:Spanish
Published: 2023
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Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=9005645
Source:Estudios de Deusto: revista de Derecho Público, ISSN 0423-4847, Vol. 71, Nº. 1, 2023, pags. 161-197
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Summary: More than three years after COVID-19 caused thousands of deaths in a few weeks in old people’s care homes in Spain, this article analyses the facts in order to assess whether recognised fundamental rights may have been violated. To this end, it analyses the criteria used to regulate access to the health system during the crisis, paying particular attention to the transfer of elderly and dependent people from care homes. The legal analysis focuses on the right to life and physical integrity in relation to the right to health protection, as interpreted by the Constitutional Court and the European Court of Human Rights, as well as the prohibition of discrimination on various grounds, mainly age and disability. Received: 15.05.2023Accepted: 13.06.2023