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Abstract

The right to healthcare is a socio-economic right. It is positive in the sense that governments need to provide resources and set the priorities for individuals to be able to exercise it. The provision of healthcare within complex political entities such as the European Union (EU) and Canada is divided between different actors, namely the federal government and provinces in the case of Canada, and European institutions and Member States in the case of the EU. The paper analyses the EU and Canadian legal frameworks and attempts to determine the right balance of power between the centre and the constituent parts in order to facilitate the exercise of the right to healthcare.

Keywords: Canada, complex entities, division of powers, proportionality, right to healthcare.