Implementation of the patient's right to obtain information in the concept “health and human rights”

The article explores the features of legal regulation of patient’s right to access information in the medical activity field. The reasons for violation of saving of information about patient’s health are the lack of knowledge of law and no understanding the harm that caused if patient’s confidentiality is violated. The analysis of medical confidentiality content, lawful disclosure cases, the conditions and procedure for its legal support. Subjects who received information constituting a medical secret don`t have right to disclose it, legal liability is provided for such norms violation. The medical confidentiality concept and the group of subjects of such legal relations is established. The purpose of the article is to determine the peculiarities of realization of patients’ right to access information in the medical activity field and its protection ways when studying the “health and human rights” concept. Comparative legal and comparative methods were used when studying legislative acts governing the preservation by persons who received information constituting medical secrecy and legal cases of their disclosure. The formal logical method was used to differentiate “medical secret” and “professional secret”. Modeling, analysis and synthesis methods helped to identify the legal basis for protecting the patient`s rights when receiving information about their health, legal responsibility types for its disclosure. The results of this work have determined the legislation of legal problems that arise when patients’ rights to receive reliable information about their health aren`t respected and require immediate resolution.

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Reproductive health and human rights: concept, features and classification

Revista Amazonia Investiga ◽

10.34069/ai/2020.29.05.60 ◽

2020 ◽

Vol 9 (29) ◽

pp. 550-557

Author(s):

Oleksandr Shevchuk ◽

Volodymyr Harashchuk ◽

Igor Protsiuk ◽

Sergii Mokhonchuk ◽

Kseniia Naumova

Keyword(s):

Human Rights ◽

Reproductive Health ◽

Assisted Reproductive Technologies ◽

Reproductive Rights ◽

Reproductive Technologies ◽

Legal Regulation ◽

Health Protection ◽

Synthesis Methods ◽

Health And Human Rights ◽

Legal Norms

The article explores the features of reproductive health legal regulation in Ukraine. The concept of “reproductive rights” is proposed, their basic principles are revealed, elements of the system of such human rights and criteria for their classification are introduced. Legal norms don`t fully provide opportunities for individuals` reproductive rights realization and preservation of their reproductive health. The purpose of the article is to disclose the features of legal regulation of reproductive rights implementation when studying the concepts of “health and human rights” and “the concept of reproductive rights”. The methodology of this research is based on use of general scientific and special cognitical methods. Comparative legal and comparative methods have allowed studying of laws governing the human right to access “assisted reproductive technologies”. The formal logical method was used to differentiate the criteria for distinguishing between legal structures “reproductive health”, “protection of reproductive health” and “reproductive rights”. The modeling, analysis and synthesis methods made it possible to identify the legal basis for human rights protection in reproductive health field, the principles for reproductive rights implementation, the reproductive rights system and their classification, and deficiencies in legal regulation. The results of this work allowed us to identify the legal problems of legislation that arise in the reproductive human rights implementation. It was proposed the adoption of a single legislative act in Ukraine, which would comprehensively regulate the reproductive health protection, consolidate reproductive human rights and provide guarantees for their implementation.

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On the issue of countering the spread of coronavirus disease (COVID-19) by means of administrative and criminal law

Herald of the Association of Criminal Law of Ukraine ◽

10.21564/2311-9640.2021.15.235702 ◽

2021 ◽

Vol 1 (15) ◽

pp. 76-90

Author(s):

Viacheslav Ivanovych Borysov ◽

Daryna Petrivna Yevtieieva

Keyword(s):

Human Rights ◽

Criminal Liability ◽

Legal Regulation ◽

Criminal Code ◽

Legal Responsibility ◽

Main Task ◽

Criminal Offense ◽

European Court ◽

Protection Of Human Rights ◽

Legislative Changes

The study highlights the dynamics of legislative changes and the current state of legal regulation of administrative and criminal liability for violations of quarantine rules. The shortcomings of the relevant legislative provisions were revealed, in particular, a conclusion was made about the violation of the principle of system-legal coherence of administrative and criminal legislation. Thus, there are issues about the delimitation of the provisions of the administrative provided in the Art. 44-3 of the Code of Ukraine on Administrative Offenses and criminal offenses provided in the Art. 325 of the Criminal Code (in terms of such consequences as the threat of harm, specified in the part 1 of the Article 325 of the Criminal Code of Ukraine). In addition, there is an excessive severity of sanctions in the Art. 44-3 of the Code of Ukraine on Administrative Offenses and their incompatibility with the sanctions of the Art. 325 of the Criminal Code of Ukraine. In the context of the settled case law of the European Court of Human Rights the fine under the part 1 of the Art. 443 of the Code of Administrative Offenses based on its size and subject to appointment may be recognized as corresponding to a criminal offense within the meaning of the Art. 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Another drawback of the legislation is the lack of enshrining a criminal offense for violating quarantine regulations. On the basis of the conducted research it is offered to make changes to norms of the Art. 44-3 of the Code of Administrative Offenses and the Art. 325 of the Criminal Code of Ukraine in order to optimally regulate legal responsibility for violation of sanitary rules and regulations for the prevention of infectious diseases and mass poisoning (Article 325 of the Criminal Code), as well as quarantine rules (the Art. 44-3 of the Code of Ukraine on Administrative Offenses). The main task of such changes is to construct a consistent chain of normatively established offenses in the field of compliance with quarantine rules (administrative offense - criminal offense – non-grave offense – grave offense) with adequate and proportionate responsibility for their commission.

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ON SOME FEATURES OF THE IMPLEMENTATION OF THE RIGHT TO INCLUSIVE EDUCATIONS OF HUMAN WITH DISABILITIES IN UKRAINE

Humanities & Social Sciences Reviews ◽

10.18510/hssr.2020.82e11 ◽

2020 ◽

Vol 8 (2) ◽

pp. 102-108

Author(s):

Oleksandr Mikhailovich Shevchuk ◽

Sergii Mikhailovich Mokhonchuk ◽

Oleksandr Volodimirovich Lysodyed ◽

Valentyna Vasylivna Mamonova

Keyword(s):

Human Rights ◽

Inclusive Education ◽

Comparative Method ◽

Legal Regulation ◽

Synthesis Methods ◽

Human Right ◽

Persons With Disabilities ◽

Advantages And Disadvantages ◽

Legal Problems ◽

The Right

Purpose: This article is devoted to the search for effective solutions to modern legal problems of the realization of human rights, including children, for inclusive education in Ukraine. Methodology: The method of integral analysis of legal regulation in the field of inclusive education in Ukraine has allowed us to consider it in development and interconnection to reveal the existing directions and patterns as a whole. The comparative method has come in handy in the study of legislation governing the right of people to inclusive education. Modeling, analysis, and synthesis methods have revealed the advantages and disadvantages of legal regulation in the field of inclusive education. Main findings: The article discusses the features of legal problems of the implementation of rights to inclusive education of humans with limited opportunities in Ukraine. Possible ways of improving the legal regulation of the implementation of human rights to inclusive education are proposed. According to the authors, one of such methods is the passing of separate legislative, legal norms regarding the development of inclusive education for children with various functional disorders, the development of inclusive education at higher educational institutions. The authors substantiate the conclusion that the human right to inclusive education at the international level is a legal human right that has great practical value for students with disabilities and should exclude any form of discrimination. Implications: This article can be used in the practical activities of lawyers, students, and teachers of law higher education, and is also recommended for review by persons with disabilities. Novelty: This study examined the problems of legal support of human rights to inclusive education in Ukraine and suggested ways to solve them.

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Public Health and Human Rights: Realigning Approaches to Improve Global Health Problems

PsycCRITIQUES ◽

10.1037/a0026939 ◽

2012 ◽

Vol 57 (5) ◽

Author(s):

Will Ross

Keyword(s):

Public Health ◽

Human Rights ◽

Global Health ◽

Health Problems ◽

Health And Human Rights

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Universal declaration of human rights as a source of universal international legal standards of human rights

Scientific and Informational Bulletin of Ivano-Frankivsk University of Law Named after King Danylo Halytskyi - Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi ◽

10.33098/2078-6670.2020.9.21.36-42 ◽

2020 ◽

pp. 36-42

Author(s):

Uliana Kuzenko

Keyword(s):

Human Rights ◽

Legal Regulation ◽

Universal Declaration ◽

Human Being ◽

Legal Basis ◽

International Human Rights ◽

Human Rights Protection ◽

Rights Protection ◽

Legal Standards ◽

International Human

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

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ALIMONY OBLIGATIONS OF PARENTS FOR THE MAINTENANCE OF MINOR CHILDREN AND RESPONSIBILITY FOR THEIR VIOLATION

Sociopolitical sciences ◽

10.33693/2223-0092-2020-10-5-141-146 ◽

2020 ◽

Vol 10 (5) ◽

pp. 141-146

Author(s):

LARISA KUDRYAVTSEVA ◽

Keyword(s):

Family Law ◽

Positive Impact ◽

Good Reason ◽

Scientific Work ◽

Legal Regulation ◽

Legal Responsibility ◽

Minor Children ◽

Legislative Changes

The article analyzes various aspects of the institution of alimony obligations between parents and their children, and also establishes some sanctions against law-abiding parents who do not comply with family law. The purpose of the study is to study the features of the legal responsibility of parents who avoid paying alimony in favor of their children for no good reason. The scientific work indicates some of the most important legislative changes in the field of alimony legal relations, which had a positive impact on the legal regulation of this area of family law. The study also suggested some of its own changes to the current legislation.

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The right to appeal to the European Court of Human Rights

10.29039/01850-7 ◽

2020 ◽

Author(s):

Yuliya Samovich

Keyword(s):

Human Rights ◽

Case Law ◽

Legal Regulation ◽

The European Union ◽

Educational Organizations ◽

European Court ◽

Protection Of Human Rights ◽

Judicial Procedure ◽

The Right ◽

Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

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