scholarly journals The role of specialized rules of law in the mechanism of administrative and legal regulation of human rights of the fourth generation

2021 ◽  
pp. 209-213
Author(s):  
S.O. Boldizhar
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Medical Care ◽  
Legal Regulation ◽  
Fourth Generation ◽  
Public Authorities ◽  
Legal Norms ◽  
Characteristic Features ◽  
High Level

he article is devoted to the study of the role of specialized legal norms in the mechanism of administrative and legal regulation of human rights of the fourth generation. The study of specialized rules of law in the context of fourth-generation human rights is not given much attention. It is determined that specialized legal norms in the mechanism of administrative and legal regulation of human rights of the fourth generation occupy a prominent place, because due to their existence reflect its basic elements (principles, tasks, principles), which are fundamental in determining the vectors of administrative and legal regulation of human rights. generation. Among such norms, norms-principles, norms-tasks, norms-principles, conflict norms, operational norms, norms-definitions, norms-terms and norms-presumptions were singled out. It is emphasized that the norms-principles determine the provisions on state priorities, among which one of the main roles is played by health care. Based on this, the state should take the necessary means to maintain a high level of health and improve medical care using special methods. Norms-tasks are aimed at defining specific tasks for public authorities in the field of human rights of the fourth generation. The guidelines define the content and basic principles of legal regulation for the entire health care system during the organization and provision of medical care using special methods. Norms-principles can be narrower when we specify the relevant human rights of the fourth generation. It is emphasized that the conflict rules in this area determine the choice to be made in case of competition of legal norms, and operational rules of law determine the order of validity of other rules until the entry into force of other rules. Emphasis is placed on the fact that among the system-simplifying norms of law in the studied area there are norms-definitions, norms-terms and norms-presumptions. Norms-definitions define basic concepts that are logical and contain the characteristic features of the concept. Deadlines are aimed at defining and calculating deadlines. In the context of transplantation of anatomical materials, presumptive norms play an important role, which determine the assumptions about the consent or disagreement of a person to remove anatomical materials from him after his death for the purposes of transplantation.

scholarly journals GAPS IN THE CONTRACT FOR PAID MEDICAL SERVICES

2021 ◽  
Vol 37 (1) ◽  
pp. 80-83
Author(s):  
A.M. Shakhaeva ◽  
◽  
D.A. Verdieva ◽  
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Modern Society ◽  
Legal Regulation ◽  
Medical Services ◽  
Social Significance ◽  
Legal Norms ◽  
Specialized Care ◽  
The Right

The relevance of the research topic is determined by the importance of medicine for modern society. The right of a citizen to timely medical care is enshrined in the Constitution of the Russian Federation and is one of the most important social obligations of the state. The need for legal regulation of this sphere arises from the variety of types of medical care and the variety of medical services. Taking into account that medicine affects the health of citizens and if the quality of services is inadequate, it can lead to significant harm to the patient, up to death, the legal basis for providing medical services should be elaborated in detail and avoid double interpretation of various legal norms. With the introduction of market principles in Russia, a new sphere of providing medical services to the population – paid. This allowed us to solve a number of problems related to improving the quality of medical services, their availability in terms of receiving highly specialized care, and reducing the burden on the insurance medicine system. At the same time, the need for a detailed legal justification for the provision of such services has become obvious, and, first of all, the issues of the contract for paid medical services, as the main form of business relations, enshrined in civil law. It is necessary to pay attention to the fact that in modern Russian legislation there is a certain discrepancy between the social significance of the health care industry, as well as the constitutional status of the right to health protection and an unreasonably low level of theoretical justification for the branch legal regime in this area of health care. Therefore, it is necessary to further modernize certain provisions of medical law that regulate various aspects of the provision of medical services. This includes issues related to the contract for paid medical services.

scholarly journals Constitutional and legal mechanism for ensuring the principles of elections of people's deputies of Ukraine

2021 ◽  
Vol 66 ◽  
pp. 64-72
Author(s):  
S.M. Martelyak ◽  
M.O. Martelyak
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
General Character ◽  
Public Authorities ◽  
Parliamentary Elections ◽  
Legal Norms ◽  
Democratic Development ◽  
Legislative Body ◽  
High Level ◽  
Legal Mechanism

The authors raise the urgent issue of ensuring the principles of the election of people's deputies of Ukraine proclaimed by the Constitution of Ukraine and national election legislation. It is noted that the principles of elections of people's deputies of Ukraine are a special legal phenomenon, which embodies the fundamental, fundamental ideas that determine the content and procedure for forming a single legislative body in Ukraine, find expression and manifestation in the legal sphere of society and state and are characterized by such features: 1) reflect the conscious and volitional aspects of elections; 2) these are fundamental ideas, guiding rules, which contain defining guidelines of a guiding nature regarding the elections of people's deputies of Ukraine, a guideline in the formation of suffrage; 3) have a general character, they have an inherent element of generalization, elevated above the specifics; 4) express the essence of suffrage as a system of legal norms governing public relations related to the election of public authorities; 5) is a social phenomenon, the property of the democratic development of the world community. The principles of parliamentary elections determine the content of the electoral process and are characterized by a high level of scientific and theoretical validity, historical accuracy and tried and tested in practice, serve as guidelines and coordinates of legal influence on participants in electoral relations. Based on their importance in the formation of a single legislative body of Ukraine, an important issue is their provision through the appropriate constitutional and legal mechanism. Based on the analysis of doctrinal and legal ideas about the mechanism of the state, the mechanism of legal regulation, the legal mechanism, the conclusion of the constitutional and legal mechanism for ensuring the principles of elections of people's deputies of Ukraine is defined by the Constitution and detailed by normative and institutional component, through which the legal influence on public relations on the lawful implementation, protection and defense of the principles of elections of people's deputies of Ukraine is practically carried out. It covers two components: normative (substantive and procedural) and institutional.

Role of Dignity in Mental Health Care: Impact on Ageism and Human Rights of Older Persons

2021 ◽  
Author(s):  
Debanjan Banerjee ◽  
Kiran Rabheru ◽  
Carlos Augusto de Mendonca Lima ◽  
Gabriel Ivbijaro
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Human Rights ◽  
Mental Health Care ◽  
Older Persons

scholarly journals Expanding the breadth of Medicare: learning from Australia

2018 ◽  
Vol 13 (3-4) ◽  
pp. 344-368 ◽  
Author(s):  
Stephen Duckett
Keyword(s):  
Health Care ◽  
Universal Coverage ◽  
Allied Health Professionals ◽  
Australian Health ◽  
Division Of Powers ◽  
Medicare Programme ◽  
High Level ◽  
Very High ◽  
Health Programmes

AbstractThe design of Australia’s Medicare programme was based on the Canadian scheme, adapted somewhat to take account of differences in the constitutional division of powers in the two countries and differences in history. The key elements are very similar: access to hospital services without charge being the core similarity, universal coverage for necessary medical services, albeit with a variable co-payment in Australia, the other. But there are significant differences between the two countries in health programmes – whether or not they are labelled as ‘Medicare’. This paper discusses four areas where Canada could potentially learn from Australia in a positive way. First, Australia has had a national Pharmaceutical Benefits Scheme for almost 70 years. Second, there have been hesitant extensions to Australia’s Medicare to address the increasing prevalence of people with chronic conditions – extensions which include some payments for allied health professionals, ‘care coordination’ payments, and exploration of ‘health care homes’. Third, Australia has a much more extensive system of support for older people to live in their homes or to move into supported residential care. Fourth, Australia has gone further in driving efficiency in the hospital sector than has Canada. Finally, the paper examines aspects of the Australian health care system that Canada should avoid, including the very high level of out-of-pocket costs, and the role of private acute inpatient provision.

scholarly journals NURSE IN THE POLISH HEALTH CARE SYSTEM

2020 ◽  
Vol 73 (8) ◽  
pp. 1771-1779
Author(s):  
Małgorzata Paszkowska
Keyword(s):  
Health Care ◽  
Health Care System ◽  
Medical Staff ◽  
Medical Profession ◽  
Legal Norms ◽  
The Status ◽  
Medical Order ◽  
Definition Of ◽  
Care System

Nurses are the largest group of Polish medical staff. There are currently approximately 230,000 nurses employed in Poland. There is a statutory profession for many years. Nurses provide health services on the basis of a medical order or on their own. As a result of changes in the law, the scope of their professional competences has been increasing for several years, including to independently administer medicines and issue prescriptions. The purpose of the article is to present and analyze legal norms determining the status of a nurse in the Polish health care system. In addition, the definition of the statutory principles of cooperation between doctors and nurses. The analysis shows that changes in law in recent years have significantly influenced the increase in the role of nurses in the health care system and they are also relevant to the practice of the medical profession.

The Taming of the Shrill: From Indicators to Indicatorization

2015 ◽  
Vol 12 (1) ◽  
pp. 81-115
Author(s):  
Siobhán Airey
Keyword(s):  
Human Rights ◽  
Task Force ◽  
Economic Relations ◽  
Right To Development ◽  
International Economic Relations ◽  
Rights Discourse ◽  
The Right ◽  
High Level ◽  
Human Rights Discourse

This article addresses the specific norm-generation function of indicators in a human rights context, focusing on ways that indicators foreground and legitimize as ‘truth’ particular worldviews or values. It describes the stakes of this process through elaborating on the concept of ‘indicatorization’, focusing on one moment in which the relationship between human rights and development was defined through indicators: the indicatorization of the Right to Development by a un High Level Task Force in 2010. In this initiative, different perspectives on human rights, equality, participation and development from within the un and the World Bank were brought together. This resulted in a subtle but significant re-articulation of ideas contained in the 1986 un Declaration on the Right to Development. The article argues that how indicatorization happens, matters, and has important implications for the potential role of human rights discourse within international economic relations.

Organization of primary health care and specialized medical care for patients with prostate cancer in the Nizhny Novgorod Region

2021 ◽  
pp. 20-31
Author(s):  
Egor Aleksandrovich Perevezentsev ◽  
Maya Andreevna Kuzmina ◽  
Dariya Dmitrievna Vasina ◽  
Denis Igorevich Volodin
Keyword(s):  
Prostate Cancer ◽  
Health Care ◽  
Primary Health Care ◽  
Medical Care ◽  
Medical Personnel ◽  
Malignant Neoplasms ◽  
Medical Organization ◽  
Primary Health ◽  
High Level ◽  
Nizhny Novgorod Region

At present, the quality and availability of medical care are the aspects to which close attention is paid in the system of organizing medical care. One of the ways to achieve a high level of quality and accessibility of medical care is building up human resources, i.e. the presence of highly qualified general practitioners, sub-specialties and middle medical personnel in sufficient numbers in a medical organization. Currently, the oncological service of Russia has been assigned tasks to fulfill the instructions from the State Program for the Development of Health Care. The results of the work should lead to a decrease in mortality and an increase in the quality of life of the population. To address the issue of reducing mortality from malignant neoplasms, in particular from prostate cancer, a three-level system of oncological care has been created on the territory of the Nizhny Novgorod Region, including 1 regional center, 2 interdistrict cancer centers, 88 primary oncology rooms and 96 examination rooms. The tasks set to reduce morbidity and mortality from oncological diseases can be realized only with close interaction of the oncological service with the primary health care sector, in which the prevention should be the priority direction of work.

scholarly journals The COVID-19 Pandemic: A Month of Bioethics in Finland—ADDENDUM

2020 ◽  
Vol 30 (1) ◽  
pp. 204-204
Author(s):  
MATTI HÄYRY
Keyword(s):  
Human Rights ◽  
Public Authorities ◽  
The Public ◽  
Window Dressing ◽  
Limited Experience ◽  
Political Theories ◽  
Moral Philosophers

AbstractThe role of bioethicists amidst crises like the COVID-19 pandemic is not well defined. As professionals in the field, they should respond, but how? The observation of the early days of pandemic confinement in Finland showed that moral philosophers with limited experience in bioethics tended to apply their favorite theories to public decisions with varying results. Medical ethicists were more likely to lend support to the public authorities by soothing or descriptive accounts of the solutions assumed. These are approaches that Tuija Takala has called the firefighting and window dressing models of bioethics. Human rights lawyers drew attention to the flaws of the government’s regulative thinking. Critical bioethicists offered analyses of the arguments presented and the moral and political theories that could be used as the basis of good and acceptable decisions.

scholarly journals INTRODUCTION OF THE INSTITUTION OF PREVIOUSLY EXPRESSED WISHES REGARDING MEDICAL INTERVENTIONS IN MEDICAL LAW OF UKRAINE: STATE AND PROSPECTS

2021 ◽  
Vol 1 (15) ◽  
pp. 58-65
Author(s):  
G.V. Puchkova ◽  
L.P. Bohutska
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Medical Care ◽  
Comparative Method ◽  
Legal Regulation ◽  
Medical Intervention ◽  
Decision Making Process ◽  
Medical Law ◽  
Human Right ◽  
The Right

The aim. The aim of the article is to study the implementation of the principle of autonomy in the medical law of Ukraine, to determine the compliance of the medical legislation of Ukraine with the specified principle in terms of the exercising of the human right to express wishes for the provision of medical care in the future in case if a patient cannot personally express such wishes. Materials and methods. The authors have studied the European standards and practice of the European Court of Human Rights regarding the right of a person to participate in the decision-making process on the provision of medical care, scientific works of specialists in the field of medical law, dedicated to the patient's right to informed consent to medical intervention, the right to refuse treatment and ethical standards of legal regulation of relations with the participation of patients using the formal-logical method, the method of structural analysis, comparative method and legal modeling. Results. The study has found that there are gaps in the normative regulation of the patient's right to participate in the decision-making process in the provision of medical care, which carries a potential danger of violating the right to respect for private and family life, guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. Conclusions. It is proposed to eliminate these gaps by ratifying the Oviedo Convention by Ukraine, implementation of the institution of previously expressed wishes in the national legislation, determining the mechanism for drawing up, changing and revoking previously expressed medical directives, the designation an authorized person in case a patient is unable to independently express his or her own wishes for the provision of medical care taking into account the European experience, cultural characteristics of Ukrainian society, the state of functioning of the institutional and legal systems and the level of development of biology and medicine.

scholarly journals The role of legal communication in ensuring human rights

2020 ◽  
Vol 11 (11) ◽  
pp. 146-150
Author(s):  
Makeieva O.
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
Information Space ◽  
Space Forms ◽  
Legal Communication ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
Modern Information

The article examines the role of legal communication in ensuring human rights. It is noted that the study of legal communication in the modern information space forms a modern postclassical legal understanding, which is focused on ensuring the rights, freedoms and legitimate interests of citizens. Legal communication acts as a means of ensuring dialogue between the state and citizens, as a regulatory and socio-constructive factor of social development. According to recent research, the doctrine of human rights is developing on the basis of an interdisciplinary approach to such sciences as philosophy, theory and history of state and law, political science, linguistics, information theory and more. The introduction of information and communication technologies in all spheres of society presupposes the study of the communicative properties of law, in particular legal communication. Given the increased attention to the problems of the effectiveness of law, the definition of its functional purpose, there is a need to study the role of legal communication in ensuring human rights. Human rights are a common value of civil society and the state, they determine their relationship, and ensuring the implementation and protection of human rights is their common task. A manifestation of such interaction is the legal communication between the state and civil society. The study of legal communication in the modern information space forms a modern postclassical legal understanding, which is focused on ensuring the rights, freedoms and legitimate interests of citizens. The renewal of legal relations, first of all between the state and society, requires scientific substantiation and introduction of new forms of communication. Legal communication in this case acts as a means of ensuring dialogue between the state and citizens, as a regulatory and socio-constructive factor of social development. At the stage of transition to the information and legal society, the relationship between legal communication and legal regulation changes. Legal communication acquires an independent meaning in relation to legal regulation, which itself becomes a system, a derivative element of legal communication. Іt is proved that legal communication contributes to the formation of legal values in the modern information space, a positive perception of law, the formation of the legal consciousness of the subjects of communication, the improvement of the legal mechanism for the protection of human rights. Legal communication acquires an independent meaning in relation to legal regulation, which itself becomes a system, a derivative element of legal communication. The effectiveness of legal communication in ensuring human rights is ensured by observance of the principles of the rule of law, legality, publicity, democracy, and universality. Keywords: human rights, legal communication, information society, information security.

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