scholarly journals Philosophical and legal understanding of the nature of the constitutional human right to health protection

2021 ◽  
Vol 9 (4) ◽  
pp. 61-65
Author(s):  
Daniil Rakov
Keyword(s):  
Public Relations ◽  
Natural Law ◽  
Historical Materialism ◽  
Right To Health ◽  
Point Of View ◽  
Health Protection ◽  
Legal Interpretation ◽  
Ruling Class ◽  
Human Right ◽  
Legal Understanding

in this article, the author examines the nature of the constitutional human right to health protection through its philosophical and legal interpretation. In this study, the consideration is carried out from the point of view of the concepts of natural law and historical materialism. As a result of the conducted research, the author comes to the conclusion that the human right to health protection has a materialistic nature, arises and exists as a result of the need for the ruling class to regulate public relations related to health protection by expressing its will in the law.

scholarly journals On the Connection between Legal Understanding and Politics and Economics

Lex Russica ◽  
2021 ◽  
pp. 80-88
Author(s):  
A. R. Gilmullin
Keyword(s):  
Public Relations ◽  
Natural Law ◽  
Legal Regulation ◽  
Point Of View ◽  
Driving Mechanism ◽  
Public Authorities ◽  
Political Activities ◽  
The Status ◽  
The One ◽  
Legal Understanding

The paper is devoted to the fundamental issues of modern legal regulation, in particular, its grounds and limits. The author substantiates the position according to which the absence of certain essential imperatives of law that help direct and restrict the functioning of public authorities and other subjects, complicates the activities of the latter, concedes its inconsistency and spontaneity, creates conditions for the perception of law as a kind of "designer" of economic, political and other relations. According to the author, the lack of unified conceptual criteria in determining the essence of law leads to an imbalance in public relations, to their turbulence at all levels (national, international, etc.) and as a result has a detrimental effect on the life and security of a person, society and the state.The author notes that at the present stage of civilization development, it is the economy with its interests and principles that acts as the "nerve", as the main driving mechanism in recognizing the status of the subject state. From the author’s point of view, economic interests and relations today form the world agenda, set the tone for political and legal relations, and often directly correct the value bases of other social regulators.The author summarizes that in general, the current situation in the international legal space, associated with the lack of a generally recognized doctrine of legal understanding alongside the variability and inconsistency of views in the field of human rights and freedoms based on the natural law approach, allows some subjects to arbitrarily interpret and impose certain decisions and positions in the course of their political activities, based on their own resources and potential. This supports law usurpation, making it an instrument of manipulation and blackmail in the field of politics, economics, culture, ecology, etc. in order to create the most profitable conditions and obtaining the expected results.Thus, the natural law approach, on the one hand, needs to be rethought, transformed, on the other hand, it needs to be refined or analyzed in detail when building an original concept of legal understanding.

Իրավունքի և օրենքի կոլիզիաները իրավունքի փիլիսոփայությունում

2021 ◽  
pp. 64-85
Author(s):  
Artur Ghambaryan
Keyword(s):  
Law Enforcement ◽  
Natural Law ◽  
Point Of View ◽  
The Other ◽  
Scientific Methods ◽  
Legislative Policy ◽  
The Law ◽  
Law And Justice ◽  
The One ◽  
Legal Understanding

The aim of the article is to reveal the collisional relationship between justice and the law in the philosophical dimension. The main objectives of the article are to analyze the contradictions between law from the point of view of broad legal understanding, as well as the answer to the question of how law enforcement agent should act if, in solving a specific case, an outrageous contradiction between law and justice is encountered. The author used a number of scientific methods, in particular, historical-legal-comparative methods. The author concludes that supporters of a broad legal understanding consider the issue of contradiction between law mainly from the point of view of legislative policy, however, they do not discuss the issue of how the law enforcement agent should act when an obvious contradiction between law is encountered in a particular case. In the article the sayings «dura lex sed lex» (The law [is] harsh, but [it is] the law) and «lex iniusta non est lex» (An unjust law is no law at all) are considered in the dimensions of the legalism and natural law. The author concludes that the Radbruch formula is an exception to the saying «dura lex sed lex» (The law [is] harsh, but [it is] the law), which has undergone practical approbation. On the one hand, this resolution values the certainty and stability of the law, and on the other hand, it protects the person (society) from the unjustly shouting unjust laws.

scholarly journals The problem of certainty of legal cognition (in the context of the evolution of Nature Law)**

2020 ◽  
Vol 2020 (3) ◽  
pp. 26-32
Author(s):  
Dzhenevra Lukovskaya ◽  
Irina Lomakina
Keyword(s):  
Law Enforcement ◽  
Natural Law ◽  
Point Of View ◽  
Classical Type ◽  
Positive Law ◽  
Modern Natural ◽  
Legal Communication ◽  
The Subject ◽  
Human Construction ◽  
Legal Understanding

The article deals with the problem of certainty of legal cognition in the context of the evolution of Natural Law. It is noted that the category of certainty was understood differently by representatives of various scientific schools and strands of theoretical framework idea. However, the classical doctrines were similar in the sense that certainty is necessary as the initial principle of cognition of legal reality, in contrast to the relativistic post-classical theories, which took the diametrically opposite principle as a methodological basis, namely «uncertainty». The article actualizes the understanding that Nature Law as a classical type of legal understanding has an internal logic of development. It is noted that modern theories of «Resurgence of Natural Law» generally remain within the framework of natural law concepts, but still overcome the dualism and parallelism of the systems of natural and positive law. In ontology, the modern Natural Law recognizes the human construction of law, the participation of the subject in the constant reproduction of legal reality; in epistemology, it recognizes the inclusion of the subject in the process of cognition, the rejection of the absolutization of the «legislative» mind and the transition to an interpretive «communicative» mind; in axiology, it defends socio – cultural concretization, including in the current legal system. The authors actualize the idea of intersubjectivity of law as integrating various aspects of legal cognition and the operation of law, focusing on identifying the meaning of law not from the point of view of one – dimensional monosubjectivity (individual or homogeneous society), but in dialogical (polylogical) intersubjectivity - in the interaction of subjects of legal communication. Recognition of the dynamism of law, the actualization of law in law enforcement activities problematizes the idea of certainty in law, but on a new, human-centered methodological and theoretical basis.

scholarly journals FOOD SECURITY AS A GUARANTEE OF THE REALIZATION OF THE RIGHT TO HUMAN HEALTH

2021 ◽  
Vol 74 (11) ◽  
pp. 3072-3076
Author(s):  
Olena M. Batyhina ◽  
Bogdan V. Derevyanko ◽  
Tetiana V. Khailova
Keyword(s):  
Food Security ◽  
Human Health ◽  
Scientific Work ◽  
Legal Framework ◽  
Right To Health ◽  
Point Of View ◽  
Human Right ◽  
Fundamental Factor ◽  
The Individual ◽  
The Right

The aim: To investigate the theoretical and legal framework governing the relevant areas of food security, ensuring healthy, adequate and safe nutrition. To consider human rights to food security as a basis for health care, a basis for the realization of the right to health and life. Materials and methods: The study analyzes and uses the normative legal acts of national legislation, international acts, data from international organizations and the results of scientific work of scientists. With the help of scientific methods, medical and legal point of view, the problems of ensuring food security are identified as a guarantee of the realization of the right to human health. Сonclusions: Food security and nutrition are central to the individual and fundamental factor to the whole of society in respect of human right to health. An adequate level of food security must be ensured by individual governments and the international community through the development, approval or implementation of an appropriate regulatory framework, as well as through the establishment of a political and institutional framework.

scholarly journals The human right to security in the implementation of the concept of the "right to health protection"

2021 ◽  
Vol 11 (3) ◽  
Author(s):  
Oleкsandr SHEVCHUK ◽  
Nataliya MATYUKHINA ◽  
Oleкsandra BABAIEVA ◽  
Anatoliy DUDNIKOV ◽  
Olena VOLIANSKA
Keyword(s):  
Health Care ◽  
Health Sector ◽  
Human Security ◽  
Legal Regulation ◽  
Right To Health ◽  
Health Protection ◽  
Healthcare Sector ◽  
Main Function ◽  
Human Right ◽  
The Right

Legal support of human security in the field of health care includes the guarantee, protection and protection of rights and freedoms in the field of health care, which is the main function, as well as the goal and duty of the state. This paper describes certain aspects of the legal regulation of the implementation of the "human right to security in the health sector" and the problems of its enforcement. The research methodology is based on a system of methods of the philosophical, general scientific and special scientific level. The main goal of this scientific article is to define the concept‚principles‚ types and directions of implementation of the “human right to safety” in the concept of “the right to health protection”. The general principles of the implementation of the “human right to security in the health sector” are disclosed. It is emphasized that the legal mechanism for the implementation of the “human right to security in the healthcare sector” is the activity of legal entities, lawmaking and law enforcement agencies, and the existing legal norms governing their activities in the healthcare sector. The investigated human right to safety should be understood as a complex of rights related to the protection of the patient's legitimate interests in the healthcare sector from unlawful encroachments and threats.. The author's understanding of the definition of "patients' right to safety". It is argued that human security in the field of health care belongs to the basic needs of a person - the implementation of this need is determined by the level of development of a country, its economic and cultural components, the level and quality of life of a person living in this country, an effective health care system. It is concluded that the main goal of legal ensuring human security in the healthcare sector is to create the minimum necessary (safe) conditions for the implementation of these rights and obligations when receiving medical services.

Fictions of the Human Right to Health: Writing Against the Postcolonial Exotic in Western Medicine

2018 ◽  
Author(s):  
Rosemary J. Jolly
Keyword(s):  
Health Research ◽  
Western Medicine ◽  
Scientific Method ◽  
Medical Humanities ◽  
Right To Health ◽  
The Body ◽  
Health And Wellness ◽  
Human Right ◽  
Cultural Specificity ◽  
The Social

The last decade has witnessed far greater attention to the social determinants of health in health research, but literary studies have yet to address, in a sustained way, how narratives addressing issues of health across postcolonial cultural divides depict the meeting – or non-meeting – of radically differing conceptualisations of wellness and disease. This chapter explores representations of illness in which Western narrators and notions of the body are juxtaposed with conceptualisations of health and wellness entirely foreign to them, embedded as the former are in assumptions about Cartesian duality and the superiority of scientific method – itself often conceived of as floating (mysteriously) free from its own processes of enculturation and their attendant limits. In this respect my work joins Volker Scheid’s, in this volume, in using the capacity of critical medical humanities to reassert the cultural specificity of what we have come to know as contemporary biomedicine, often assumed to be

scholarly journals Francisco de Vitoria on the Right to Free Trade and Justice

2021 ◽  
pp. 1-17
Author(s):  
Alejo José G. Sison ◽  
Dulce M. Redín
Keyword(s):  
Business Ethics ◽  
Free Trade ◽  
Natural Law ◽  
Human Right ◽  
Free Markets ◽  
Law Of Peoples ◽  
Private Initiative ◽  
The Right ◽  
Ius Gentium ◽  
Francisco De Vitoria

In 1538–39 Francisco de Vitoria delivered two relections: De Indis and De iure belli. This article distills from these writings the topic of free trade as a “human right” in accordance with ius gentium or the “law of peoples.” The right to free trade is rooted in a more fundamental right to communication and association. The rights to travel, to dwell, and to migrate precede the right to trade, which is also closely connected to the rights to preach, to protect converts, and to constitute Christian princes. This has significant repercussions on the field of business ethics: the right to free trade is ultimately founded directly on natural law and indirectly on divine law; trade is not independent of ethics; and trade is presented as an opportunity to develop the virtues of justice and friendship, among other repercussions. Vitoria is portrayed as a defender of private initiative and free markets.

The Human Right to Health

Global Health ◽  
2021 ◽  
pp. 110-121
Author(s):  
Jonathan Wolff
Keyword(s):  
Right To Health ◽  
Human Right
Sign in / Sign up

Export Citation Format

Share Document