scholarly journals Protection of the Right to Information on One's Health – A Non-Jurisdictional Form of Protection

2021 ◽  
Vol 10 ◽  
pp. 630-635
Author(s):  
Nataliia Khodieieva ◽  
Keyword(s):  
Civil Rights ◽  
Health Information ◽  
Right To Health ◽  
Right To Information ◽  
The Right ◽  
Subjective Rights

The article analyzes the theoretical aspects of protection as directly subjective civil rights and defines them within the framework of civil relations regarding the information on one's health. A clearer and complete description of the features of the realization of the right to information on one's health in the normatively established system of protection of subjective rights of a person has been obtained. It has been determined that the protection of the right to information on one's health is exercised freely, and the failure of a person to exercise the right to protection is not a ground for termination of this right. It is noted that during the protection of their violated right to health information, the authorized person may perform certain actions that are not related to the appeal to the competent state bodies and are a non-jurisdictional form of protection. The list of actions of an individual to protect the right to information on one's health in the case of a non-jurisdictional form of protection of the above-mentioned right has been systematized.

Right to Health and Proportion of Right to Health Information in the Patient’s Right Charters

2013 ◽  
Vol 3 (2) ◽  
pp. 59-68
Author(s):  
Mir Sajjad Seyed Mousavi ◽  
Vahideh Zarea Gavgani ◽  
Mohammad Ghari Seyed Fatemi ◽  
Mohammad Rasekh ◽  
Mohammad Hossein Zarei ◽  
...  
Keyword(s):  
South Africa ◽  
Health Information ◽  
Right To Health ◽  
The Other ◽  
Public Welfare ◽  
Standard Of Living ◽  
Health And Wellbeing ◽  
Right To Information ◽  
The Right ◽  
Iranian Patients

Health is not lack of disease. It is an incomplete condition of psychological, physical and public welfare. Therefore to benefit from highest norms of healthiness is one of the most fundamental and necessary rights of human being. According to the Article 25 of the Universal Declaration of Human Rights 1948 “Everyone has the right to a standard of living adequate for the health, and wellbeing of himself and his family.” United Nations. (2012). This paper reviews the proportion of right to health information in international, regional and national legislations and examines the patients’ right to information in patients’ right charters. This study is qualitative study it reviews the patients right charters to follow the portion of right to right to health information. International, regional, and national conventions along with the patients’ right charters of five countries from the five continents were examined against the right to health and right to health information. The Britain patient’s right charter more than other countries in this study has considered and dealt with right to information, about 4 out of 7 of its total articles refer to right to information. In contrast South Africa was assigned as the country which gives less priority to right to information among the other countries. Four out of 11 articles in the patients’ right charter of this country deals with right to health information. Iranian Patients’ right charter stood in the fourth rank after Britain, US and Australia for respecting the patients’ right to information, 2 out of 5 articles.

scholarly journals Prawo osobowe na ziemiach polskich wcielonych do Rzeszy Niemieckiej podczas drugiej wojny światowej

2021 ◽  
Vol 43 (3) ◽  
pp. 465-514
Author(s):  
Tomasz Kruszewski
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Third Reich ◽  
National Socialist ◽  
The Third ◽  
The Third Reich ◽  
New Interpretation ◽  
German People ◽  
The Right ◽  
Subjective Rights

The subject of this article are basic questions within the range of civil law. They concern the general position of a human and legal people in the sphere of this law on Polish territory, which was incorporated into the Third Reich. The position of individuals, the citizens of II RP, under the occupation of the Third Reich in years 1939–1945, is analysed by the author not from the perspective of literal meaning of regulations of general part of Bürgerliches Gesetzbuch (BGB) from 1896, but from the perspective of their specific interpretation, congruent with strategic and ideological purposes of the Nazi regime. In the article, the following issues are touched upon in turn: 1) personal law in terms of classical civil law contra national-socialist regime; 2) racism towards civil rights of a subjective individual; 3) elimination of the Jews from the legal relationships of civil law; 4) difficulties in the sphere of access to certain professions for Polish people and some restrictions upon personal rights; 5) the dependence of possibilities of exercising the private personal right on the consent to denationalization; 6) ban concerning getting married and the right to motherhood and fatherhood; 7) legislation of sterilisation and euthanasia. The formal changes in the legislation which were in force in the Third Reich — except for personal and family law (as well as legal rules connected with it regarding health protection of offspring), and “peasant law” (Bauernrecht) — were not significant, as is proved by the author. The old legal order was reversed in the Third Reich due to its new interpretation: classical concepts and legal institutions were filled with a different content. After the formal extension of BGB to territories incorporated into the Reich, which followed the decree of 25 September 1941 introducing German civil law, these territories became a field of social-political and racial-nationalist experiments, which in fact had a little in common with the German Civil Code’s regulations. A principle of equal access to private subjective rights was respected only in case of German people, i.a. the part which passively gave up to indoctrination. In relation to Jews, racism spoiled in this case the idea and concept of private subjective rights.

scholarly journals VACCINATION IN THE SYSTEM OF HUMAN RIGHTS AND OBLIGATIONS: IMPACT OF THE COVID-19 PANDEMIC

2021 ◽  
Vol 74 (11) ◽  
pp. 2983-2991
Author(s):  
Viktor V. Horodovenko ◽  
Larysa G. Udovyka ◽  
Tatiana О. Shekhovtsova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Herd Immunity ◽  
Right To Health ◽  
Healthcare Sector ◽  
Foreign Countries ◽  
Wide Range ◽  
European Regulatory ◽  
The Right ◽  
Mandatory Vaccination

The aim: To identify the problems and prospects of introducing mandatory vaccination against COVID-19 in the context of respect for human and civil rights and freedoms based on generalization and systematization of foreign experience in implementing such measures. Materials and methods: In the research, we applied a complex of philosophical and ideological approaches, general scientific and special methods of scientific cognition, in particular civilizational and axiological approaches as well as dialectical, dogmatic, comparative, and statistical methods. The empirical basis of the study is represented by the statistical data of the healthcare sector of European countries, generalization of the practice of vaccination. In the study, we use international and European regulatory legal acts and documents in the field of human rights, national legislation of foreign countries. Conclusions: Vaccination represents an important component of the fundamental right to health. International legal acts on the human rights regulation, in particular the right to health, do not provide an unambiguous answer to the question of whether vaccination is the right or responsibility of a person, which has resulted in the existence of a wide range of vaccination policies and models. The existence of a wide range of policies and practices in States Parties to the Convention makes permissible the application of more imperative approaches to immunization, in particular, in cases where voluntary vaccination is not sufficient to ensure the threshold of herd immunity. In most countries, vaccination against COVID-19 is carried out voluntarily, whereas the complication of the epidemiological situation has resulted in following the path of introducing mandatory vaccination in some countries, both with regard to certain population categories (France, Greece, Russia, Ukraine) and the entire population (Tajikistan, Turkmenistan).

About judicial protection of subjective civil rights

2020 ◽  
Vol 7 (1) ◽  
pp. 9-16
Author(s):  
Yury N. Andreev
Keyword(s):  
Civil Rights ◽  
Scientific Knowledge ◽  
Scientific Methods ◽  
Methodological Basis ◽  
Optimal Ratio ◽  
The Right ◽  
Judicial Protection ◽  
Subjective Rights

The article is devoted to the judicial protection of subjective civil rights. The author tries to formulate the concepts of subjective civil rights and the judicial protection of subjective civil rights to determine the ratio of subjective civil rights and the right to judicial protection as well as the judicial protection features of various subjective civil rights categories. The paper presents the authors conception of subjective rights, the various ways by which they are protected, and the features of the protection of certain types of subjective civil rights. The aim of the research is to find the most optimal ratio of the right of subjective rights owner to protection and the right of subjective right for protection, in order to determine the most typical ways to protect certain categories of subjective civil rights. The methodological basis of the research includes the well-known general and private scientific methods of scientific knowledge. The paper concludes by stating that subjective civil rights have general (universal) and specific ways of protection.

scholarly journals JURISDICTIONAL ACTIVITY OF ADMINISTRATIVE COURTS IN THE CONDITIONS OF FORMATION OF LEGAL SOCIETY

2021 ◽  
Vol 1 (10) ◽  
pp. 74-79
Author(s):  
D. Makharynetsʹ ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Public Administration ◽  
Legal Protection ◽  
Public Authorities ◽  
Role Of The State ◽  
Administrative Courts ◽  
Administrative Jurisdiction ◽  
The Right ◽  
Subjective Rights

Moving along the path of European integration, Ukraine is carrying out state-building and building civil society on the basis of the concept of human-centeredness, introducing modern approaches to determining the role of the state and its organs in the life of man and the average citizen. One of the directions of the introduced reforms is the sphere of ensuring human and civil rights, creating conditions for the protection of these rights in case of their violation or encroachment on them. Of particular importance in this context is the creation of conditions that guarantee the provision of citizens with their subjective rights in relations with public administration bodies. The form of realization of the right to protection from illegal actions and decisions of public authorities is administrative justice, ensuring the establishment of law and order in the field of public administration. Therefore, the need to determine the features that reveal and characterize the essence of the jurisdictional activities of administrative courts in the formation of a legal society becomes relevant. The purpose of the article is to determine the features that reveal and characterize the essence of the jurisdictional activity of administrative courts in the conditions of formation of a legal society on the basis of the theory of administrative law and process, scientific views of administrators, norms of current legislation. The article examines the legal category "jurisdiction", "administrative jurisdiction" and describes the jurisdictional activities of administrative courts as a type of law enforcement and law enforcement activities in the implementation of legal protection in public law disputes, highlights the characteristics of jurisdictional activities.

scholarly journals Constitutional Complaint in Ukraine: The Interrelation Between the Protection of Subjective Civil Rights and Constitutional Control

2020 ◽  
Vol 10 ◽  
pp. 341-354
Author(s):  
Oleksandr D. Krupchan ◽  
◽  
Volodymyr V. Kochyn ◽  
Vitalii I. Zaporozhets ◽  
Mykyta V. Bernatskyi
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Individual Rights ◽  
Real Possibility ◽  
The Rule Of Law ◽  
The Right ◽  
Judicial Protection ◽  
Subjective Rights

The real possibility of judicial protection of individual rights and freedoms is a key element of effective legal regulation, as well as the manifestation of the rule of law. The new institution of the constitutional complaint lies in a rather specific plane, being both a part of the national system of protection of individual rights and freedoms and an element of constitutional control that ensures the supremacy of the Constitution of Ukraine. The relevance of this study is conditioned by the right of a citizen to complain about the mechanism of legal regulation, taking the provisions of the Constitution as an example. The purpose of the study is to consider the specific features of the interrelation between the protection of subjective civil rights and constitutional control. This study analyses the theoretical aspects, legislative regulation, and practice of the Constitutional Court of Ukraine. It was concluded that subjective rights and interests established by law might be violated, unrecognised or challenged only at the stages of legal implementation or enforcement.

Right to Health Information and an Example of Its Implementation

2013 ◽  
Vol 3 (2) ◽  
pp. 88-89
Author(s):  
Suptendra Nath Sarbadhikari
Keyword(s):  
Health Information ◽  
Clinical Guidelines ◽  
Right To Health ◽  
The Right ◽  
Scientific Standards

Mousavi et al. (2013) have correctly noted the importance of information and knowledge, as mentioned in most Charters, for attaining the right to health. The practical administration also needs scientific standards, administrative instructions, and clinical guidelines designed to implement the right to health. The author, in this paper, provides an example of implementation.

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