Care homes, hospitals and elderly people during COVID-19: a study of the impact on fundamental rights
Abstract
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: 15.05.2023
Accepted: 13.06.2023
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Last update: 08/02/2022
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