SEARCHING FOR A FAIR ALLOCATION OF SCARCE MEDICAL RESOURCES UNDER EU LAW: A NEED FOR BALANCE FOR THE ELDERLY?

Abstract

Fair allocation of scarce medical resources during emergency situations such as the COVID-19 pandemic is a highly challenging task. The pandemic has revealed that age was invoked as a criterion in terms of granting access to medical treatment in some European Union countries such as Italy. This paper analyses whether or not the use of chronological age alone might be justified for any such differential treatment in the event of scarcity. The paper seeks to demonstrate that older persons should not be automatically excluded from receiving access to healthcare which might otherwise amount to direct discrimination under European Union law.