Samenvatting

This summary provides an overview of research conducted on FEMM and its contribution to the right to health for women in the EU. FEMM is a non-governmental organisation operating in the field of women’s health. Specifically, FEMM uses the indicators of the reproductive system, such as hormonal imbalances, as a starting point to determine and treat the overall health condition of women. Women’s health in politics is often only understood in the context of fertility and family planning. This is a limited understanding of women’s health. Therefore, this research paper explores how FEMM contributes to the right to health, and not only to women’s health. The International Covenant for Economic, Social and Cultural Rights (ICESCR) defines health as “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health” (United Nations Human Rights, 1966, art.12). The paper also examines the EU’s position on women’s health, because of FEMM‘s plans to expand their programmes to Europe.
The paper looks into the legal framework and the pragmatic understanding of the right to health for women in the EU. First of all, human rights, including the right to health, are an obligation for states to abide by. Only states can sign and ratify human rights documents. Non-governmental organisations such as FEMM do not have a direct legal obligation to comply with the right to health. Secondly, the EU institutions have no absolute competence in public health. The decision-making relating to public health is in the hands of the EU Member States. FEMM should therefore target the individual Member States instead of the EU as a whole.
From a pragmatic view, there are a number of findings to highlight. Although FEMM cannot contribute to the right to health from a legal point of view, FEMM supports health principles and adhere to the requirements that are written as guidelines for states. These show means to reach the highest possible standard of health. FEMM provides available, accessible, acceptable and qualified health care to women. These are principles of the ICESCR. Secondly, FEMM provides and promotes health education, encourages individuals to take personal responsibility for their health and eliminates the causes of diseases. These are requirements of the European Social Charter. Thirdly, FEMM provides accessibility to preventive health care. These are Charter of Fundamental Rights of the European Union (EURCFR) requirements. The legal framework, as shown in the literature review, shows that FEMM cannot contribute to the right to health, but the pragmatic analysis shows that FEMM could contribute to the right to health for women in the EU. It is recommended that FEMM use the health principles and requirements to attain the highest standard of health as a tool to show the individual EU Member States that they can contribute to improving women’s health for all European women.