scholarly journals LEGAL ASPECTS OF USING NATURAL RESOURCES FOR HEALTH AND RECREATIONAL PURPOSES TO ENSURE HUMAN RIGHT TO HEALTH CARE

2021 ◽  
Vol 74 (11) ◽  
pp. 3077-3084
Author(s):  
Alla K. Sokolova ◽  
Maryna K. Cherkashyna
Keyword(s):  
Health Care ◽  
Natural Resources ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Right To Health ◽  
Legal Analysis ◽  
The European Union ◽  
Human Right ◽  
Right To Health Care ◽  
The Right

The aim: Is to conduct a comparative legal analysis of the use of natural resources for health and recreation purposes in Ukraine, the European Union, and other countries to improve the scientific theoretical basis of the legal regulation for the use, protection, and conservation of such natural resources. Materials and methods: The national and international legal instruments regulating the rights to health and the right to use natural resources for health and recreational purposes were examined by analyzing practices of foreign states in the field of these legal relations, in particular, the comparative-legal, complex, formal, and logical, structural and functional methods along with analytical and empirical research tools. Conclusions: The legislation of Ukraine does not fully disclose the concepts, features, classification of natural healing and recreational resources, and therefore many aspects of their use, protection, and conservation remain uncertain and unsecured provisions of regulations. The article features approaches to improving the current ecological legislation promoting proper legal regulation of using natural resources for health and recreational purposes, thereby creating the necessary conditions to ensure the right to health care.

scholarly journals IMPLEMENTATION OF THE RIGHT TO HEALTH CARE IN THE COUNTRIES OF THE EUROPEAN UNION

2019 ◽  
Vol 72 (7) ◽  
pp. 1337-1342
Author(s):  
Yuliya Nazarko ◽  
Oleksandr Iliashko ◽  
Natalіa Kaminska
Keyword(s):  
Health Care ◽  
European Union ◽  
Human Rights ◽  
Social Relations ◽  
Legal Regulation ◽  
Right To Health ◽  
The European Union ◽  
Right To Health Care ◽  
Legal Standards ◽  
The Right

Introduction: The right to health is exercised through a complex system of state and social measures of legal, economic, social, scientific, cultural, educational, organizational, technical, sanitary and hygienic nature, aimed at preserving and improving the health of people , lengthening the life expectancy and working capacity, creating good living and working conditions, providing physical and mental development for children and young people, and preventing and managing illnesses and their treatment. The aim: Investigate the international legal and constitutional legal regulation of the right to health care in the countries of the European Union. Materials and methods: The article analyzes the Constitution of the European Union, a number of international legal acts and judgments of the European Court of Human Rights. Review: Each country defines the conditions for realizing the right to health care, according to which people should be healthy, the state itself assumes the obligations of the controller and the protection of this right. These provisions should primarily be enshrined in the Basic Laws - the constitutions. The main direction of state policy in reforming social relations is the achievement of European international legal standards in all spheres of public life. These standards fix the principles, guarantees of norms that determine the scope of human rights, in particular the right to health care. Conclusions: The main problem of ensuring and realizing the right to health in the European Union, as in many countries, is the financing of this industry, because in general, it is impossible to talk about free medical care in the European Union. There are also problems in the field of investment in health care. The urgent issues of primary health care and public health and the elderly dependence period.

scholarly journals Securing the right to health care: international legal aspects

2020 ◽  
Vol 10 (19) ◽  
pp. 103-111
Author(s):  
Halyna Muliar ◽  
Keyword(s):  
Health Care ◽  
Health Sector ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Right To Health ◽  
Right To Health Care ◽  
Legal Standards ◽  
The Social ◽  
Constitutional Right ◽  
The Right

The article is devoted to the study of international legal aspects of ensuring the constitutional right to protect health in Ukraine in the modern development of the social state and modernization of the legal regulation of public relations. It is argued that the implementation of international legal standards is an important area of reforming the field of medical care and legal support for the provision of medical services, since health care reform requires intensifying the implementation of universal and regional standards in order to create an effective institutional system and an appropriate legislative framework. The health sector is one of the most important objects of public administration, since the social level of the welfare of the people and each individual citizen, the potential for sustainable development of the nation and the economic opportunities of the state and society directly depend on the quality of the provision of medical services. It is noted that the study of the general principles of international legal regulation of health care is of exceptional relevance at the present stage is constantly growing in the context of expanding the scope of international public law to issues that previously traditionally belonged to the sphere of regulation of domestic legislation of individual countries. One of these areas of legal regulation is the social sphere and, in particular, the health sector. In this area, the development and adoption of a large number of universal and regional international legal standards regarding the means of ensuring the proper level of public health, combating infectious and non-communicable diseases, and organizational reform of the system of health care institutions is observed. Thus, the standardization of the right to health care at the level of universal human rights standards is an important guarantee of the realization of this right at the domestic level, imposing on states, including Ukraine, responsibilities for its proper and effective provision. At the same time, general international human rights legal acts, which, among other objects of regulation, determine fundamental international standards in the field of health care, form the basic basis for ensuring the constitutional right to health care at the level of individual national legal systems.

A Right to Health Care

2012 ◽  
Vol 40 (2) ◽  
pp. 268-285 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
Physical And Mental Health ◽  
Human Right ◽  
Economic Rights ◽  
Right To Health Care ◽  
The Right ◽  
International Conventions ◽  
Special Case

Do we have a legal and moral right to health care against others? There are international conventions and institutions that say emphatically yes, and they summarize this in the expression of “the right to health,” which is an established part of the international human rights canon. The International Covenant on Social and Economic Rights outlines this as “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health,” but declarations such as this remain tragically unfulfilled. According to recent figures, roughly two billion people lack access to essential drugs or to primary health care. Millions are afflicted by infections and illnesses that are easily avoidable or treatable. In the developing world many children die or grow stunted and damaged for lack of available treatments. Tropical diseases receive little or no attention by the major pharmaceutical companies’ research departments. Is this a massive violation of the right to health? And if so, why does it attract so little attention? Is it because our supposed commitment to human rights and the rule of law is hypocritical and hollow? Or is it because the right to health is a special case of a right, so that these tragedies are no violation at all? Jennifer Prah Ruger summarized this puzzle when she wrote: “one would be hard pressed to find a more controversial or nebulous human right than the right to health.” In this essay I discuss three different theories of a right to health care. I conclude by offering my own reconstruction of one such theory.

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 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.

The Influence of the Rulings of the Constitutional Court on the Development of Health Law in Lithuania

2007 ◽  
Vol 14 (4) ◽  
pp. 321-333
Author(s):  
Toma Birmontienė
Keyword(s):  
Health Care ◽  
Legal Regulation ◽  
Right To Health ◽  
Social Rights ◽  
Constitutional Court ◽  
Health Law ◽  
Right To Health Care ◽  
Recent Developments ◽  
The Right ◽  
The Impact

AbstractThis article highlights some recent developments in the constitutional doctrine of the right to health care in Lithuania, and more in particular the impact of the decisions of the Constitutional Court of Lithuania on the development of health law. The right to health care, enshrined in the Constitution, is both an obligation of the state and an individual right. The Constitutional Court has developed a doctrine of the right to health care, as well a doctrine of certain other constitutional social rights, which is based on the understanding of the close interrelation between the different constitutional rights, the principle of indivisibility and equal importance of these rights, and the presumption of justiciability of social rights. The analysis is based on the jurisprudence of the Constitutional Court. Two cases on the disputes of the legal regulation concerning the pharmaceutical activities are presented in more detail.

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.

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