The master’s thesis addresses the right to health care as enshrined in Article 51 of the Constitution of the Republic of Slovenia, with particular emphasis on its effective realisation through timely access to health care services. A right deferred is a right denied.
Although the Slovenian health care system rests on constitutionally acceptable foundations, this does not necessarily place the patient at the centre of the system as the true bearer of rights. Instead, patients are often treated as service users who must adapt to systemic shortcomings. It is not uncommon for insured persons, despite regularly paying contributions, to face delays in accessing necessary health care services. Such delays jeopardise their health, personal dignity, and trust in the system.
The thesis explores the constitutional and statutory framework of the right to health care, relevant judicial and constitutional case law, and the institution of the public health care network. Particular attention is given to the concept of reverse discrimination in cross-border health care, where reimbursement is available for treatment abroad, but not for equivalent services provided by domestic private providers.
Although the existing system cannot be deemed unconstitutional, numerous indicators and circumstances demonstrate its ineffectiveness in ensuring timely treatment. The system therefore requires substantial reform, whether through improved governance, greater integration of private providers into the public network, or the establishment of automatic support mechanisms triggered when permissible waiting times are exceeded.
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