scholarly journals PROBLEMS OF PROTECTION AGAINST CORRUPTION IN THE HEALTHCARE SYSTEM

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 65-70
Author(s):  
E. V. Shirmanov ◽  

The Right to health protection is one of the most fundamental constitutional rights. It is subject to criminal legal protection. While the attacks on him appear not only in the form of crimes such as causing harm by negligence (part 2 of article 118 of the Russian Criminal Code), failure to assist a patient (article 124 of the Russian Criminal Code), etc., but also corruption crimes. Corruption threatens the normal relationship between doctor and patient, medical institution and patient, which reduces the quality of medical care. It threatens not only people’s property, but also their lives and health. Manifestations of corruption in health care are different, they are many, and they should all be taken into account in determining measures and means to combat this dangerous social phenomenon. The effectiveness of the fight against corruption in the health sector is largely due to the knowledge of its various manifestations. These problems are the subject of the proposed article

2019 ◽  
Vol 63 (2) ◽  
pp. 98-102
Author(s):  
V. B. Pankova ◽  
Irina N. Fedina ◽  
E. A. Preobrazhenskaya ◽  
P. V. Serebryakov ◽  
N. G. Bomshtein

The article reflects the main sections of Clinical guidelines «Hearing loss, noise-induced» (second revision) included in the Rubric of Clinical guidelines of the Ministry of health of the Russian Federation in 2018, CG609 and aimed at streamlining and unification of actions in clinical diagnostic and expert work. The purpose of the of research is to help the practitioner in making the right decision on the assessment of health, treatment of hearing loss caused by industrial noise, on the basis of evidence-based step-by-step protocols. Material and methods. The subject of the development of the CG609 were high rates of occupational hearing loss in employees of “noise-hazardous” industries, classified as “Professional sensorineural hearing loss”. Results. The structure of the CG609 is presented, the importance of unified approaches to the diagnosis, treatment, rehabilitation, prevention, examination of the relationship of the disease of the hearing with the profession and aptitude is shown. The criteria of evidence and credibility of specific recommendations are given. Discussion. CG609 are created on the generally accepted, repeatedly approved methodology of development of SIGN (2014) guaranteeing reliability of recommendations, generalization of the best world experience and modern knowledge, applicability in practice and convenience in use. The use of high-quality clinical guidelines makes it possible to introduce into medical practice the most effective medical technologies, to refuse unreasonable and unsafe interventions and to improve the quality of medical care. Conclusion. CG609 are required for the integrated interaction of specialists otolaryngologists, audiologists-otorhinolaryngologists, pathologists, physicians, occupational health, occupational medicine and all medical professionals involved in diagnostic and expert work of the assessment of hearing in workers «noise hazardous» professions.


Author(s):  
Siska Diana Sari

The protection of aesthetic beauty clinic patients is important because of the increasing number and development of beauty clinic businesses, and the emergence of many problems and cases related to its implementation, as a result of implementing actions that are not in accordance with the relevant laws and regulations. This raises the need for protection against health risks arising from losses for services in beauty clinics that are not in accordance with statutory regulations in the field of health law and consumer protection law. The state is obliged to provide protection related to the implementation of constitutional rights to legal protection and the right to health, so that beauty clinic business actors obey all applicable regulations related to its implementation, increasing the responsibility as a business actor towards its consumers. In reality, the phenomenon of this beauty clinic case is like an iceberg, large but not visible on the surface, because the majority of patients from the middle to upper economic class feel ashamed and do not want to bother reporting it, ideally organizing aesthetic beauty clinics is based on applicable laws and regulations. The state must be able to provide legal certainty and protection to aesthetic beauty clinic patients with good regulatory and institutional and risk litigation. Keywords: aesthetics; protection; law; patients; clinics


Author(s):  
Nataliia I. Brovko ◽  
Liudmyla P. Medvid ◽  
Ihor Y. Mahnovskyi ◽  
Vusal A. Ahmadov ◽  
Maksym I. Leonenko

The article deals with the role of constitutional complaint in the system of quality assurance of the state legislation, for protection of the rights and freedoms. Constitutional complaints, as well as their optimal models, require detailed research. Comparative analysis and survey are the main methods. The subject of a constitutional complaint in the model proposed by the authors may be laws or their individual provisions, regulations of heads of state, government, other statutes and regulations, individual administrative acts, judgements in specific cases. Citizens, foreigners, stateless persons, and legal entities are subjects who have the right to file a constitutional complaint. The authors attribute the following conditions of admissibility of a constitutional complaint: the presence and proof of violation of his/its constitutional rights and freedoms, the use of all other remedies to protect violated rights and freedoms, compliance with deadlines for filing a constitutional complaint in some countries, and payment of state duty. The model proposed by the authors is, however, universal, and further needs to be detailed for countries of interest.


2021 ◽  
Vol 25 (1) ◽  
pp. 107-112
Author(s):  
V. N. Ostapenko ◽  
I. V. Lantukh ◽  
A. P. Lantukh

Annotation. The problem of suicide and euthanasia has been particularly updated with the spread of the COVID-19 pandemic, which caused a strong explosion of suicide, because medicine was not ready for it, and the man was too weak in front of its pressure. The article considers the issue of euthanasia and suicide based on philosophical messages from the position of a doctor, which today goes beyond medicine and medical ethics and becomes one of the important aspects of society. Medicine has achieved success in the continuation of human life, but it is unable to ensure the quality of life of those who are forced to continue it. In these circumstances, the admission of suicide or euthanasia pursues the refusal of the subject to achieve an adequate quality of life; an end to suffering for those who find their lives unacceptable. The reasoning that banned suicide: no one should harm or destroy the basic virtues of human nature; deliberate suicide is an attempt to harm a person or destroy human life; no one should kill himself. The criterion may be that suicide should not take place when it is committed at the request of the subject when he devalues his own life. According to supporters of euthanasia, in the conditions of the progress of modern science, many come to the erroneous opinion that medicine can have total control over human life and death. But people have the right to determine the end of their lives while using the achievements of medicine, as well as the right to demand an extension of life with the help of the same medicine. They believe that in the era of a civilized state, the right to die with medical help should be as natural as the right to receive medical care. At the same time, the patient cannot demand death as a solution to the problem, even if all means of relieving him from suffering have been exhausted. In defense of his claims, he turns to the principle of beneficence. The task of medicine is to alleviate the suffering of the patient. But if physician-assisted suicide and active euthanasia become part of health care, theoretical and practical medicine will be deprived of advances in palliative and supportive therapies. Lack of adequate palliative care is a medical, ethical, psychological, and social problem that needs to be addressed before resorting to such radical methods as legalizing euthanasia.


2018 ◽  
Vol 9 (1) ◽  
pp. 12
Author(s):  
Erwin Erwin ◽  
I Permana ◽  
Muhammad Syaipul Hayat

Lab work is one of the ways taken not only to clarify the subject that have been taught but also to coached students to apply scientific methods in solving problems. In order to ensure the quality of practical implementation requires accurate data-based information support, a gradual evaluation system is needed to help make the right decisions in every action throughout the program. The evaluation approach used is the CIPP (context, input, process, and product). Data collection is through interviews, questionnaires and direct observation, The data collected at each stage of the evaluation were analyzed qualitatively with the descriptions


2018 ◽  
Vol 54 ◽  
pp. 03014
Author(s):  
Anggraeni Endah Kusumaningrum

This paper aims to analyze the effectiveness of the implementation of hospital accreditation in an attempt to provide legal protection of the right information of patients in hospital. The right to information stated on Article 7 and Article 8 of Law No. 36 of 2009 on Health as well as the shortcomings and advantages of health services. Along with the increasing awareness of the community to get good health service, raises the attitude of the critical patient. Patients no longer hesitate to ask the alternative treatment they will receive, whether in accordance with the cost incurred. The hospital is a complex organization because it is capital-intensive, energy, technology and various issues, covering the fields of law, economics, ethics, human rights, technology, and others with different principles and perspectives. The complexity of services in hospitals requires quality assurance and hospital service safety in the form of accreditation. Hospital accreditation is an acknowledgment given by an independent accrediting institution related to the assessment of the fulfillment of quality standards of hospital services on an ongoing basis. Therefore an accredited hospital is expected to effectively improve the quality of its services to their patients. The increased quality of hospital services will certainly improve patient safety and provide protection for patients.


2020 ◽  
Vol 55 (2) ◽  
pp. 82-91
Author(s):  
Marina Milić Babić ◽  
Marina Hranj

Palliative care for children means active, complete care on physical, psychological, social and spiritual levels, and it includes collaboration and active work with the family. Palliative care for children lasts during the period of illness and continues after the death of the child in the form of expert assistance to the family in their grief. Such care follows the principles of individual, holistic, transdisciplinary and biopsychosocial-spiritual approaches that come together in promoting the quality of life of a child and his or her family. Numerous legal sources are the starting point for defining palliative care for children as a fundamental human right to health care, as well as for defining basic actions within this fundamental right. The right to palliative care includes rights from different systems, and collaboration and linking of different disciplines are needed in order to meet the needs of the child and his family. The aim of this paper is to present crucial knowledge in the field of palliative care for children and to examine how this right is implemented and legally regulated in the Republic of Croatia.


2019 ◽  
Vol 9 (1) ◽  
pp. 161-176
Author(s):  
Annamarie Bindenagel Šehovic´

This article explores the role of health diplomacy in promoting the right to health. It first looks at the historical trajectory of the right to health as it evolves and intersects with state and human and health security. Second, it analyzes the definitions and roles of health diplomacy. It argues that health diplomacy is undergoing a cycle of (re)invention and innovation, bringing in both new and traditional actors. Yet it points out a gap in the subject of health diplomacy, asking what is the right to health, and what does its definition mean for the (changing) role of health diplomacy? It concludes by offering initial insight into what health diplomacy might be in the nearer future.


2005 ◽  
Vol 25 (3) ◽  
pp. 677-698
Author(s):  
Marie Choquette

Legal rights protected under sections 8, 9 and 10 of the Canadian Charter of Rights and Freedoms are the subject of this article. Section 8 affords protection against unreasonable search or seizure; there was no similar provision under the Canadian Bill of Rights. Authorized searches and seizures by warrant will be considered unreasonable whenever minimal standards laid down in section 443 of the Criminal Code have not been respected. Furthermore, searches or seizures without warrant will be judged unreasonable if they do not conform to the legal provisions under which they are authorized. Section 9 protects against arbitrary detention or imprisonment. Some judges deem detention to be arbitrary if it is not authorized under statute, while others feel that detention is arbitrary whether authorized by statute or not if it be capricious or unreasonable. Finally, section 10 provides for certain rights to a person who is arrested or detained, such as the right to be informed of the reasons for arrest or detention, the right to be informed of his or her right to retain and instruct counsel and the right to do so, and the right to have the validity of the detention ascertained.


2016 ◽  
Vol 5 (2) ◽  
pp. 169-193
Author(s):  
Judith Bueno de Mesquita ◽  
Gen Sander ◽  
Paul Hunt

The harm to health of victims of civil and political rights abuses has been a focus of some reparations programmes. Rehabilitation has been the primary form of reparation for harm to health. Is this current approach an appropriate response by reparations programmes to violations of the right to health during conflict or repression? Given the nature of right to health violations in conflict or repression, we suggest that reparations programmes should broaden their focus to also address not only the health consequences of civil and political rights violations, but also the destruction or neglect of the health system, and policies which harm health. We consider whether rehabilitation is the only suitable form of reparation for such abuses. We also consider the relationship between the fields of transitional justice and public health in periods of transition, including whether some conflict-related right to health violations should be addressed in the health sector rather than reparations programmes and, if so, how this can be done successfully.


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