scholarly journals CARGOCULTISM OF PSYCHIATRIC CARE IN CUSTODY

2021 ◽  
Vol 74 (11) ◽  
pp. 2916-2921
Author(s):  
Oleksandra G. Yanovska ◽  
Alyona V. Chugaevska ◽  
Mykhailo S. Ivanov
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Legal Status ◽  
Psychiatric Care ◽  
The United States ◽  
Right To Health Care ◽  
The United Kingdom ◽  
European Court ◽  
The Right ◽  
International Instruments

The aim: To analyze the features of the realization mechanism of the persons’ rights who have become ill with a mental illness and are in the detention of adequate (equivalent) medical care. Materials and methods: A set of general and special methods of scientific knowledge were used. The study’s empirical basis consists of international acts and standards in the field of health care, statistics of the United Kingdom, France, the United States, some countries in Eastern Europe and Central Asia, reports of international organizations, the case-law of the European Court of Human Rights. The study also used the personal experience of one of the co-authors as a lawyer for more than 20 years and 4 years as a judge of the Supreme Court. Results: The conducted research gives grounds to state that for the last few decades the problem of receiving psychiatric care in conditions of imprisonment remains relevant. This situation is partly due to the fact that the certain standards’ content is subject to clarification, as it is contained in optional international instruments or is given some understanding solely through the practice of the ECHR. Given the implementation of the prisoners’ right of access to psychiatric care is entrusted primarily to penitentiary institution’s administration, attention should be paid to methodological, material, and staffing of their work while introducing maximum openness of psychiatric care’s algorithms to prisoners and facilitating access to legal aid for the mentally ill. Conclusions: Creating external attributes of mechanisms to ensure the convicts’ right to psychiatric care, the relevant national mechanisms do not take into account the specifics of the detained persons’ legal status. Such a superficial imitation of the system of guarantees of the prisoners’ rights to medical care is a kind of cargo cultism of public institutions, which is designed to provide non-discriminatory conditions for the realization of the right to health care for all categories of the population.

scholarly journals The right to medical care and its economic consequences: an American dilemma

1972 ◽  
Vol 6 (4) ◽  
pp. 317-327
Author(s):  
José Duarte de Araújo
Keyword(s):  
United States ◽  
Health Care ◽  
United States Of America ◽  
The United States ◽  
Right To Health ◽  
Economic Consequences ◽  
Right To Health Care ◽  
Modern Times ◽  
The Right

The concepts of "rights" and of "right to health care" including its evolution in modern times are discussed. The consequences of implementing this right are discussed in economic terms, regarding the situation in the United States of America. A discussion is also included on the limitations of the role of Health Insurance as a measure to solve the problem of providing health care for all individuals.

scholarly journals NEPRUŽANJE ZDRAVSTVENE SKRBI KAO POVREDA ČLANKA 3. EUROPSKE KONVENCIJE S POSEBNIM OSVRTOM NA PRAKSU SUDA U PREDMETIMA IZVAN KONTEKSTA ZADRŽAVANJA

2021 ◽  
Vol 37 (2) ◽  
pp. 83-104
Author(s):  
Maša Marochini Zrinski ◽  
Karin Derenčin Vukušić
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
European Convention ◽  
Political Rights ◽  
Right To Health Care ◽  
European Court ◽  
The Social ◽  
The Right ◽  
Political Character

The European Convention on Human Rights, as a main Council of Europe instrument for the protection of civil and political rights, does not guarantee the right to health care. However, the European Court of Human Rights broadly interprets Convention rights, and within the context of Articles 2, 3 and 8 of the Convention it gave certain indications that it might start dealing with the issue of health care. Without going into details of all the mentioned articles, this paper will analyse cases where the Court dealt with the issue of violation of Article 3 due to non-provision of health care outside the context of detention. Namely, within the context of detention, there is a clear obligation for states to provide health care, and the Court often relies on the reports of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. What we consider important to point out is the Court’s case-law on providing health care outside the context of detention, given the social character of the right to health care, which goes beyond the civil and political character of the Convention.

Critical Care Medicine (CCM) in Czechoslovakia (CSSR): Present State and Its Development

1985 ◽  
Vol 1 (S1) ◽  
pp. 135-136
Author(s):  
Jiri Pokorny
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Present State ◽  
Clinical Medicine ◽  
Intensive Therapy ◽  
The State ◽  
Short Account ◽  
Right To Health Care ◽  
Organ Systems ◽  
The Right

Due to the development of modern resuscitation during anesthesia and surgical operations, methods of intensive therapy have been introduced in clinical medicine. Efforts, through cardiopulmonary resuscitation (CPR), to give any patient in need the chance to survive resulted in systems of emergency medical services (EMS). A short account of the present state of CCM in the CSSR is given here. The principle of “differentiated patient care” is outlined, with accepted definitions of resuscitative and intensive care. The terminology of different steps in CCM is offered for discussion.In Czechoslovakia, the Constitution of 1960 proclaims the right to health care for every citizen. Medical care is provided to all citizens free of charge by the State. The State took over the responsibility for planning, organizing and providing medical care on the highest attainable contemporary level. In the last ten years, special programs have been launched in order to cover most actual health areas such as neonatal and maternal health care, cardiovascular disease programs, oncology, geriatric care, and, last but not least, the care of patients with acute organ systems' failure.

Past, present and future of pediatric cardiology health care in México

1994 ◽  
Vol 4 (3) ◽  
pp. 235-237
Author(s):  
Fause Attie ◽  
Manuel Cardenas
Keyword(s):  
Health Care ◽  
Social Security ◽  
State Government ◽  
National Health ◽  
Armed Forces ◽  
The United States ◽  
The State ◽  
Right To Health Care ◽  
Blue Collar Workers ◽  
The Right

The Constitution of the United States of Mexico, in its Article Number 4, provides for the right to health care. The government's National Health Program was created to comply with this mandate. This program comprises a National Health Care System. This system has three branches. The first one is Social Security, which encompasses 50% of the population of Mexico—namely 45 million affiliates. Out of this popu lation, 10 million are under the “Instituto Mexicano del Seguro Social-Solidaridad.”This program is financed by federal resources, is self-managed by the “Instituto Mexicano del Seguro Social” and provides health care to the general population (basically farmers). The rest of the population that receives benefits from the Social Security System includes employees, blue-collar workers (affiliated with the “Instituto Mexicano del Seguro Social“), federal and state-government workers (who receive benefit from “Instituto de Seguridad Social de los Trabajadores al Servicio del Estado”) and the military personnel (who are affiliated with the “Instituto de Seguridad Social de las Fuerzas Armadas”). These institutes are jointly financed by employers, the state, and the workers.The payment percentage is established depending on the worker's income. For state workers and armed forces it represents 2% of the income of the employee and another 2% is paid by the state; those depending on die Instituto Mexicano del Seguro Social pay 3.5% of their salary and 8.4% is paid by die employer.

Veteran Health Care

2021 ◽  
pp. 254-274
Author(s):  
Michael L. Gross
Keyword(s):  
Health Care ◽  
Military Service ◽  
The United States ◽  
Medical Attention ◽  
Moral Foundation ◽  
Right To Health Care ◽  
The United Kingdom ◽  
High Level ◽  
Veteran Health Care ◽  
Special Rights

Afterwar, embattled countries often forget their veterans. The rule is simple: nations must offer wounded veterans the same medical care other citizens enjoy. Nevertheless, veterans have no special rights to preferential or priority care. Virtuous or villainous conduct is an unacceptable criterion of medical attention. Just as the innocent victim of a traffic accident enjoys no stronger right to health care than the inattentive driver who ran the light, soldiers enjoy no exclusive right to medical treatment. Nor can discharged veterans appeal to military necessity to afford them the privilege of priority care. Despite provisions in the United States, the United Kingdom, and Australia to carve out special rights for veterans, they are without a firm moral foundation. Instead, each nation may reward military service with public recognition and financial compensation, while providing every citizen with the high level of care that each deserves by right.

scholarly journals Health system status as an indicator of the realization of the right to health care

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 502-508
Author(s):  
Vitaly V. Goncharov ◽  
Hussein Vakhaevich Idrisov ◽  
Sukhinina Sukhinina
Keyword(s):  
Health Care ◽  
Health System ◽  
Medical Care ◽  
Care Management ◽  
Health Care Management ◽  
Legal Regulation ◽  
Right To Health ◽  
Medical Services ◽  
Right To Health Care ◽  
The Right

This study analyses the impact of legal regulation that ensures the realization of the right to health care and medical care on the state of the health system. This study examines the concept and content of the right to health care and paid and free medical care, reveals the concepts of categories of quality and accessibility of medical services, and draws attention to their various aspects. The analysis of the current state of the health system is carried out. Some features of the provision of medical services to citizens are characterized, and the problems of violation of the right of citizens to medical care, the availability and quality of medical care are analysed. The study examines the varieties of health care management models existing in the world practice and reveals their advantages and disadvantages. The conclusion is made about the possibility of using individual elements of the studied models in Russian health care management.

scholarly journals PROBLEMS OF COUNTERFEITING MEDICAL PRODUCTS IN UKRAINE

2019 ◽  
Vol 72 (5) ◽  
pp. 1131-1135
Author(s):  
Larysa I. Arkusha ◽  
Iryna V. Hloviuk ◽  
Serhii V. Zavalniuk
Keyword(s):  
Health Care ◽  
Medical Care ◽  
Legal Regulation ◽  
Right To Health ◽  
Court Decisions ◽  
National Legislation ◽  
Right To Health Care ◽  
Medical Products ◽  
State Register ◽  
The Right

Introduction: The provision of medical products of adequate quality should be considered as constituent element of the human right to life, inextricably linked with the right to health care protection and medical care. However, the Ukrainian market of counterfeit medical products affects the guaranteeing of the right to health care protection and medical care in Ukraine. The current situation necessitates a study of the legal regulation of counterfeiting of medical products in Ukraine and an increase in its effectiveness. The aim of the research is the formation of scientifically based approaches to improve the activities on counterfeiting of medical products in Ukraine in the aspect of normative regulation. Materials and methods: The empirical base of the research is the national legislation of Ukraine, data from the General Prosecutor’s Office of Ukraine and the Unified State Register of Court Decisions. The methodological basis is a set of general and special research methods of scientific cognition, namely: the logical and normative method; statistical method, as well as methods of comparative analysis and logical methods of research. Review: In the course of the research, the authors have analyzed international acts, national legislation of Ukraine determining the directions and specific features of the activities of state agencies in counterfeiting of medical products in Ukraine, the data of the General Prosecutor’s Office of Ukraine and the Unified State Register of Court Decisions. On the basis of the performed analysis, the authors have suggested measures aimed at increasing the effectiveness of counterfeiting of medical products. Conclusions: The imperfection of the existing system of counterfeiting of medical products in Ukraine has been proven. The authors have offered organizational measures to increase the effectiveness of counterfeiting of medical products, as well as to amend the current criminal, criminal and procedural legislation, taking into account the MEDICRIME Convention ratified in Ukraine.

The Special Perils of Being Old and Sick in Prison

2020 ◽  
Vol 32 (5) ◽  
pp. 276-284
Author(s):  
William J. Jefferson
Keyword(s):  
United States ◽  
Health Care ◽  
Medical Care ◽  
Health Care Providers ◽  
The United States ◽  
United States Constitution ◽  
Care Providers ◽  
Medical Practitioners ◽  
Medical Needs ◽  
Access To Medical Care

The United States Supreme Court declared in 1976 that deliberate indifference to the serious medical needs of prisoners constitutes the unnecessary and wanton infliction of pain…proscribed by the Eighth Amendment. It matters not whether the indifference is manifested by prison doctors in their response to the prisoner’s needs or by prison guards intentionally denying or delaying access to medical care or intentionally interfering with treatment once prescribed—adequate prisoner medical care is required by the United States Constitution. My incarceration for four years at the Oakdale Satellite Prison Camp, a chronic health care level camp, gives me the perspective to challenge the generally promoted claim of the Bureau of Federal Prisons that it provides decent medical care by competent and caring medical practitioners to chronically unhealthy elderly prisoners. The same observation, to a slightly lesser extent, could be made with respect to deficiencies in the delivery of health care to prisoners of all ages, as it is all significantly deficient in access, competencies, courtesies and treatments extended by prison health care providers at every level of care, without regard to age. However, the frailer the prisoner, the more dangerous these health care deficiencies are to his health and, therefore, I believe, warrant separate attention. This paper uses first-hand experiences of elderly prisoners to dismantle the tale that prisoner healthcare meets constitutional standards.

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