scholarly journals Нuman right to virtual reality in the healthcare: legal issues and enforcement problems

2021 ◽  
Vol 11 (special) ◽  
Author(s):  
Oleksandr SHEVCHUK ◽  
Oleg BULULUKOV ◽  
Oleksandr LYSODYED ◽  
Valentyna MAMONOVA ◽  
Yurii MATAT
Keyword(s):  
Human Rights ◽  
Virtual Reality ◽  
Medical Training ◽  
Freedom Of Expression ◽  
Legal Regulation ◽  
Virtual Space ◽  
International Standards ◽  
Healthcare Sector ◽  
Modern Trend ◽  
Human Right

A key feature of modern legal relations in the healthcare sector is the widespread use of digital technologies. This study describes certain aspects of the legal regulation of the human right to virtual reality in the healthcare sector and the problems of law enforcement. The methodology of this work is based on an interdisciplinary approach using comparative legal, dialectical and systemic methods. The main objective of this article is to determine the forms and directions of the use of virtual reality in health care in the context of human rights. It is emphasized that the introduction of smart technologies, virtual reality in the healthcare sector is the main modern trend in the development of healthcare in order to improve the provision of healthcare services. The human right to use virtual reality in healthcare is to ensure the actions of virtual reality users within the framework of virtual information relations in the healthcare sector, which are governed by the relevant legal norms. The human right to use virtual reality in healthcare is a fourth generation of human rights. These rights include all rights that have arisen as a result of scientific progress, the development of morality, namely "somatic rights", as well as information rights. The use of virtual reality in the healthcare sector is possible in the following areas, namely: (1) medical training, (2) surgical modeling, (3) rehabilitation, (4) psychotherapy and psychology, (5) ophthalmology, (6) telemedicine, etc. It is stated that user safety, privacy, freedom of expression, ethics and copyright protection in the use of virtual reality in healthcare require legislative regulation, taking into account the European experience. The virtual space in the healthcare sector provides opportunities for the realization of human rights and freedoms regarding the preservation of their health, but can be used to carry out actions that contradict the norms of law and have illegal behavior. The latter requires an improvement in the regulatory framework when using the virtual space of the healthcare sector to protect the interests of the individual, society and the state using international standards.

scholarly journals Freedom of Expression in Malaysia: Compatibility with the International Human Rights Standard

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 44
Author(s):  
Saidah Fasihah Binti Che Yussoff ◽  
Rohaida Nordin
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
International Standards ◽  
Freedom Of Information ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human

<p>Malaysia is likely to introduce new laws on freedom of information. However, the important questions are whether the said laws are effective and will have enough bite with the public looking forward to opening government policy. Freedom of information has developed under international human rights law as the right to freedom of expression, including the freedom to seek, receive and impart knowledge and ideas through media, regardless of any frontier. This paper aims to examine freedom of expression under the international realm, scrutinize the said freedom in the Malaysian legal framework, and discuss the proposed enactment of freedom of information laws in Malaysia in conformity with international human rights law. This research uses the qualitative research method. This paper concludes that freedom of information in Malaysia is severely impeded by the enforcement of the Official Secret Act. This paper calls for the repeal or amendment to the Act in conformity with international standards.  </p><p><strong>Keywords</strong><strong>:</strong> Expression; Freedom; Expression; Human Right.</p>

scholarly journals Human Right to Internet Access in Healthcare in the “Right to Health Concept”: Legal Issues

2021 ◽  
Vol 10 (2) ◽  
pp. 286
Author(s):  
Oleksandr Shevchuk ◽  
Valentyna Zui ◽  
Ivanna Maryniv ◽  
Svitlana Davydenko ◽  
Sergii Mokhonchuk
Keyword(s):  
Human Rights ◽  
Medical Information ◽  
Legal Regulation ◽  
Right To Health ◽  
Healthcare Sector ◽  
Medical Information System ◽  
Fourth Generation ◽  
The Internet ◽  
Human Right ◽  
The Right

This work reveals the features of the administrative and legal regulation of the human right to access the Internet in the “concept of the right to health”. It is emphasized that the basis of the legal regulation of the human right to access the Internet in the "concept of the right to health" should be the recognition of the principles of the priority of human rights and freedoms, adequate state control, ensuring the choice of criteria that make it possible to realize accessibility, anonymity, and minimize the collection and processing of personal data about the patient. The structure of Internet relations in relation to the healthcare sector has been established, their analysis has been carried out, their object has been established. Legal constructions have been formulated: "information", "Internet" in the norms of international and national regulatory legal acts, as well as the terms "e-Health", "electronic cabinet", "electronic medical information system", the author's definition of "the right to access the Internet in the field of health care ". It has been established that the human rights to access the Internet in the “concept of the right to health” should be attributed to the fourth generation of human rights. The concept of "telemedicine" is formulated, their forms are disclosed, the stages of the evolution of legislation are established, and the problems of their legal regulation in the context of human rights are indicated. It is concluded that the consolidation of the right to access the Internet at the level of the Constitution of Ukraine is a necessity.

scholarly journals Legal Support of the Patient's Right to Innovation in Health

2020 ◽  
Vol 9 (4) ◽  
pp. 337
Author(s):  
Oleksandr Shevchuk ◽  
Oleksandr Lysodyed ◽  
Igor Borysenko ◽  
Oleg Bululukov ◽  
Oleksandra Babaieva
Keyword(s):  
Human Rights ◽  
Comparative Method ◽  
Health Sector ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Patient Rights ◽  
International Standards ◽  
Healthcare Sector ◽  
Patients Rights

The article discusses certain aspects of legal regulation of patients' rights to innovations in healthcare sector. The subject of the study is the legislative acts on human rights in healthcare field, forms and types of human rights and directions for their implementation. Attention is focused on such types of patients' rights to innovations in healthcare field: (1) right to biomedical experiments; (2) right to reproductive technology; (3) right to donation;                (4) right to transplant organs and anatomical materials; (5) right to therapeutic cloning; (6) right to change gender;   (7) right to virtual reality. Essence of “innovation in medicine” is revealed, classification of human rights is given. The purpose of the article is to disclose the features of legal regulation of implementation of the patients rights to innovations in healthcare field. The methodology of this work is based on a set of research methods. The comparative method was used to elucidate the legal aspects of the patients rights to innovations in healthcare sector. Using the method of theoretical analysis, systemic and analytical methods, the term “patients' rights to innovations in healthcare field” was established, their varieties were characterized. Introduction of effective innovative models in health sector in context of patient rights will improve the availability and quality of provision of medical services to the population. It has been established that an important element in the implementation of innovative technologies in healthcare sector is the regulatory framework, which must comply with international standards.  Key words: health sector, innovation, legal regulation, patient rights

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 Freedom of Expression: A Comparative Study of Ideological Conflict between Islam And the West

2019 ◽  
Vol IV (III) ◽  
pp. 20-27
Author(s):  
Tasaddaq Hussain ◽  
Muhammad Aslam Pervez ◽  
Shahid Minhas
Keyword(s):  
Qualitative Research ◽  
Human Rights ◽  
Analytical Approach ◽  
Freedom Of Expression ◽  
Human Right ◽  
The West ◽  
The World ◽  
Western Concept ◽  
Universal Definition ◽  
Definition Of

(FOE) is a basic human right, unanimously accepted all over the world; however it has no universal definition. The Islam condemns the Blasphemy strongly, whereas the West takes it as an offshoot of FOE and a symbol of democracy. This paper is an attempt to investigate, to what extent the Islamic concept of FOE is consistent with the Western concept? Its main objective is to point out the real cause of the rift and to discover recipe which could be used in curing the bleeding sore of humanity. Methodologically, qualitative research technique is used; analytical approach is adopted. Principal books, Scholarly articles, and academic writings are especially consulted. It is concluded that all the basic human rights have limits; therefore FOE must also be aligned. In this way, a common socio-religious definition of FOE is suggested for a peaceful and tolerant democratic global society.

scholarly journals Actual Issues of Forensic Activities in Ukraine and the Possibility of Implementing International Standards of the Industry in the Ukrainian Legislation

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Lidiya Kotlyarenko ◽  
◽  
Nataliia Pavlovska ◽  
Eugenia Svoboda ◽  
Anatolii Symchuk ◽  
...  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Regulation ◽  
International Standards ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Standard ◽  
The Eu

International standards exist in any field of legal regulation however, they are mostly identified with standards that regulate the technical sphere, since they are the most common ones. Nonetheless, today it is hard to imagine any area of public life withno generally recognized international standards. European legal standards are formed within the framework of the two most regional international associations –the Council of Europe and the European Union. The Council of Europe sets, first of all, standards in the humanitarian sphere: human rights, environment protection, and constitutional law, which is determined by the goals and purpose of its functioning. The European Union (hereinafter referred to as the EU) using directives, regulations, and other legal acts sets standards for most areas of the EU population's life. It should be noted it is during the development of 'standardization' in the European law that specific development of public relations in the EU takes place. Defining the EU legal standardas a separate category of norms of the European law, it is noteworthy that this term is used in a broad sense as a 'legal standard' and incorporates such elements as the general principles of the EU law and the 'common values' of the EU –they relate to people, environment, economic issues, and so on. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is a classic example of their implementation. In a narrow sense, this term has a specific meaning and does not coincidewith the concept of 'legal standard', e.g. these are standards in the technical field that are adopted by the European Committee for Standardization, that is, in its content, it is a technical publication that is used as a norm, rule, guide or definition.Therefore, they relate to products, services, or systems and are the basis for convergence and interaction within the growing market of various business sectors. Today, in international law de facto there is a system of standards that regulate various aspects of international relations.

scholarly journals Directions of improvement of normative regulation of judicial status of investigating judge

Legal Ukraine ◽  
2019 ◽  
pp. 38-47
Author(s):  
Svetlana Sharenko
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Due Process ◽  
Control Function ◽  
Legal Regulation ◽  
Private Life ◽  
International Standards ◽  
Judicial Control ◽  
The Right

The article deals with legal regulation of the procedural status of an investigating judge. The author examines the standards that are formulated in the relevant international legal acts, in the practice of the ECHR, in the positions expressed by European experts, and relates to the activities of an investigating judge. They are classified into three groups: (a) Standards defining as a whole the requirements for the place and role of the court in the implementation of criminal justice, and therefore extend to all judicial functions, including judicial control function; b) standards defining the requirements for the organization and implementation of the judicial control function at the stage of pre-trial investigation; c) standards that determine the requirements for observance of human rights and freedoms, and thus serve as guiding points for subjects exercising judicial control powers. Standards defining in general the requirement for the place and role of the court in the implementation of criminal justice (such as the availability of justice, binding judgments, fair trial, due process hearing, equality before the law and the court, parties’ competition, transparency of the judicial system etc.), as well as standards that define requirements for the observance of human rights and freedoms (such as the right to liberty and security of person, the right to respect for private life, the right to protection, etc.) have already been sufficiently studied at the level of special investigations. The subject of this study is international standards, which determine the requirements for the organization and implementation of judicial control at the stage of pre-trial investigation. The author examines the standards of protection of constitutional rights by the court, a standard for clearly demarcating the role of investigator, prosecutor and investigating judge in order to ensure real competition at the stage of pre-trial investigation; the standard of the materiality of the right of restriction; standard of urgency of judicial control; the standard of the prohibition of the participation of an investigating judge in the examination of the merits. Key words: standards of activity of an investigating judge, judicial control powers, judicial control, the investigating judge.

scholarly journals Vėliava – Flag – Drapeau, arba Ir vėl apie žmogaus teises

Teisė ◽  
2012 ◽  
Vol 83 ◽  
pp. 18-36 ◽  
Author(s):  
Gediminas Mesonis
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Legal Status ◽  
Freedom Of Speech ◽  
Legal Regulation ◽  
Human Right ◽  
Liberal Conception ◽  
The Us ◽  
Us Supreme Court ◽  
Anglo American

Straipsnyje analizuojama, kokią reikšmę turi skirtingos koncepcijos atskleidžiant konkrečios žmogaus teisės turinį. Konstatuojama, kad net „Vakarų“ demokratinėse valstybėse sprendžiant dėl žmogaus teisių turinio nuolat konkuruoja individualistinis ir traibalistinis požiūris į žmogaus teises. Esama koncepcijų dichotomija šiame straipsnyje iliustruojama žodžio laisvės turinio raidos kontekste. Straipsnyje į šios teisės turinio raidą žvelgiama per valstybės vėliavos teisinį statusą, analizuojant Jungtinių Amerikos Valstijų Aukščiausiojo Teismo jurisprudencijos ir kitų šalių teisinio reguliavimo patirtį. Konstatuojama, kad anglų–amerikiečių (liberalioji) žmogaus teisių ir laisvių koncepcija, spręsdama žmogaus teisės turinio problemą, prioritetą linkusi atiduoti konkretaus asmens, o ne grupės interesui.The article analyses the significance of different conceptions in disclosing the content of a concrete human right. It is stated that even in “western” democratic states, when one decides regarding the content of human rights, there is continuous competition between the individualistic and tribalistic approach to human rights. The existing dichotomy of these conceptions is illustrated in the context of the development of the content of freedom of speech. In the article the development of the content of this right is considered through the legal status of the flag, while analysing the experience of the jurisprudence of the US Supreme Court and that of legal regulation of other countries. It is stated that the Anglo-American (liberal) conception of human rights, while deciding the issue of the content of a human right, tends to give priority to the interest of a concrete person, but not that of a group.

PRINCIPLE OF DIRECT FORCE OF HUMAN RIGHTS AND PECULIARITIES OF SOCIAL RIGHTS

2019 ◽  
Vol 14 (5) ◽  
pp. 114-140
Author(s):  
NATALIA V. KOLOTOVA
Keyword(s):  
Human Rights ◽  
Direct Effect ◽  
Legal Regulation ◽  
International Standards ◽  
Social Rights ◽  
Constitutional Court ◽  
Political Rights ◽  
Constitutional Principle ◽  
Theoretical Approaches ◽  
The Government

International standards on human rights and Constitution of the Russian Federation put social rights on a par with civil and political rights what is interpreted as a necessity to provide them with equitable and efficient remedy, extension to them of the general principles of effect of human rights and the related remedial procedures. However, the specifics of the nature of social rights introduces its adjustments, at times, fairly significant ones. Thus, although Article 18 of RF Constitution proclaims the principle of direct force for all human rights, social rights primarily produce effect indirectly. Irrespective of the distinctions in the content of two principles — more generalized principle of direct effect of constitutional provisions and direct force of human rights; it is majorly recognized in the national doctrine of the constitutional right that the indirect force of social rights does not contradict to the general principle of direct effect of constitutional provisions. The indirect force of constitutional social rights is conditioned by the necessity of their specification and detalization in the laws; this can be stated in the rule itself or stem from a high degree of abstractness of social provisions formulated in the norms-standards and norms-principles. The indirect force manifests itself in the fact that courts when hearing cases related to challenging the provisions of social legislation apply the norms of the Constitution only in relationship with the specifying rules of branches of law referring to the fundamental constitutional principles.RF Constitutional Court distinguishes the rights "directly recognized by the Constitution" and "acquired by virtue of law" and pursues different policies in respect of their interpretation. The Court proceeds from the fact that the direct force of social rights is primarily aimed at the legislator who may not adopt laws unreasonably narrowing the scope of legal regulation of such rights thus interprets constitutional social rights in aggregate with other constitutional principles — support of citizens’ confidence in law and acts of the government, legal certainty and reasonable stability of legal regulation, proportionality etc.The highlighted specifics requires doctrinal comprehension and development of theoretical approaches to the content of a constitutional principle of direct force of human rights in the area of social rights, determination of legal tools and me cha-nisms of their remedy including via a proper judicial procedure.

scholarly journals Copyright and Free Speech: The Human Rights Perspective

2015 ◽  
Vol 8 (2) ◽  
pp. 182-202
Author(s):  
Buss Krisjanis
Keyword(s):  
United States ◽  
Human Rights ◽  
Free Speech ◽  
Freedom Of Expression ◽  
The United States ◽  
Human Right ◽  
Equal Importance ◽  
Depth Analysis ◽  
Legal Effect ◽  
The Relationship

Abstract The relationship between copyright and freedom of expression has long been debated. Unlike the legal discourse in other jurisdictions, most notably the United States, where it is assumed that free speech and copyright do not collide, in Europe both rights have separate legal effect and are considered to be of equal importance. As a result, when an individual refers to the human right of free speech to hold and impart copyright protected material, it triggers the collision between the two rights. This paper highlights and explores these relationships between copyright and freedom of expression in Europe, offering an in-depth analysis of the human rights scope of copyright and free speech, as well as examining the circumstances under which each conflicting right should prevail.

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