Violations of the Right to Health due to Limited Access to Protection of Health during the COVID-19 Pandemic in the Republic of Croatia and Possible Legal ImplicationsL

The battle against the COVID-19 pandemic is still the most important problem and a great challenge for the overburdened health system in the Republic of Croatia. This paper examines the research into how violations of humans’ right to health occurred due to the inaccessibility to health protection for uninfected persons during the COVID-19 pandemic. The research implemented showed that a system of anti-epidemic measures which completely suspended or significantly reduced the possibility to access primary and hospital health care, stopped preventive programs of cancer detection. Much medical research has already revealed the possible harmful effects to people's health in the increase in cases of the contraction of and death from cancer and other serious illnesses, particularly in relation to certain vulnerable groups for example, women and oncology patients. The author concludes that the right to access protection of health during the COVID-19 pandemic in the Republic of Croatia was significantly limited and analyzes possible legal consequences which could occur due to the suspension or limitation to the right to access health care as a violation of the right to health.

International Cooperation as a Prerequisite for Improvement of Access to Orphan Biologic Medicines

Rare diseases constitute a global problem. Worldwide, 350 million people suffer from such diseases. The number of diagnosed cases are on the rise. Only a small percentage of those suffering have the opportunity to be treated with modern therapies. Medicines used to treat rare diseases are called orphan drugs. Biologic medicines developed for orphan drug indications, besides patent protection, have a period of regulatory and market exclusivity. After this period of time has elapsed, access to orphan drugs could be improved by the introduction of biosimilar medicines. The biggest challenge is to develop effective legal, tax and economic incentives to stimulate the development of biosimilar medicines for orphan indications. The regulatory agencies - EMA in the EU and the FDA in the USA - play a key role in increasing access to orphan biologics. Undoubtedly, the international cooperation, especially the mutual recognition of registration procedures between countries, and the creation of a common vocabulary and the unification of incentives for the pharmaceutical industry would have the positive impact on access to modern therapies.

The Normative Structure of the State of Epidemic under Polish Law

This article analyses normative structure of a key anti-epidemic emergency measure under Polish law – a State of Epidemic. It is defined as a legal situation introduced in a given area in connection with an epidemic in order to undertake anti-epidemic and preventive measures specified in the Act of 5 December 2008 on preventing and combating infections and infectious diseases to minimize the effects of the epidemic. The Act and this complex measure is authorised by Article 68(4) of the Constitution of the Republic of Poland of 2 April 1997. It requires public authorities to “combat epidemic illnesses and prevents the negative health consequences of degradation of the environment“. The purpose of this article is also to explain why Poland reacted to the SARS-CoV-2 crisis declaring the nationwide State of Epidemic on 20 March 2020 and not by other extraordinary measures.

Legal Measures Undertaken by Public Authorities in Poland for Prevention and Combating COVID-19

The state is a special purpose organization and the directions of its activities are determined by public tasks. One of them is to ensure an efficient health care system, also effective in emergency situations such as those caused by an infectious disease pandemic COVID-19. In particular, legal instruments are used to create it, selected by the rulers within the limits set by law, including the applicable international standards, at the discretion of local governing authorities. The whole system is completed with organizational, medical and finally financial solutions. However, it is due to the fact that public authorities move around in the public space, due to the legality of their operation, that the legal instruments used are of significant importance for the assessment of the effectiveness of the performance of tasks related to combating infectious diseases, and thus ensuring health safety.

The Covid-19 Epidemic in Serbia – the Challenges of Finding an Appropriate Basis for Responding to a Health Crisis

The World Health Organization declared the Covid-19 pandemic on 11 March, 2020. Serbia declared a State of Emergency (SoE) on 15 March, just days after the country’s first official case, part of an unprecedented global wave of emergency responses, with states reacting differently to the threat of the virus. Decision makers in Serbia opted to declare a SoE, followed by a series of governmental decrees and ministerial orders. This paper examines the Serbian government’s initial response. The legislation in force in March 2020 is analysed to explore what possibilities and instruments could have been used, with particular focus on legislation regarding infectious diseases and disaster responses, which allowed for the declaration of an emergency situation, and the introduction of legitimate restrictions to fight the outbreak. The paper concludes that the full potential of all available measures and instruments was not exhausted, especially regarding legislation relating to an emergency situation.

Extraordinary Measures in Extraordinary Times: Legal Response to the COVID-19 Crisis in Bosnia and Herzegovina

The COVID-19 pandemic has profoundly affected all aspects of people’s daily lives. In response to the pandemic, many countries declared a state of emergency. Extraordinary measures have been implemented to reduce the spread of the new coronavirus. Some of these measures require significant restrictions of fundamental rights and freedoms, such as the right to privacy, freedom of movement, freedom of assembly, freedom of expression, religious freedoms etc. In Bosnia and Herzegovina (BiH), the BiH and entity authorities adopted decisions to provide a legal basis for implementation of extraordinary measures. The paper deals with the restrictive measures implemented during the COVID-19 crisis in BiH and their impact on human rights realization. The relevant decisions of the Constitutional Court of BiH are also analysed, including the decision in case AP-3683/20 according to which certain restrictive measures are contrary to the right to respect of private life and the freedom of movement.

Russian Experience in Transforming Teaching Methods in Legal Disciplines in Course of the COVID-19 Pandemic

The purpose of the present research is to analyze specific features of educational process in legal sphere in course of the COVID-19 pandemic. The research objectives comprise the following issues: firstly, depiction of the initial state of teaching in legal sphere at the beginning of the pandemic; secondly, transformation process of teaching methods taking into account distinguishing features of the Russian legislation in the field of education; thirdly, correlation of administrative restriction practices with academic freedoms on the example of the Russian Federation. One of the results of this study is the conclusion that it is necessary to prioritize the study of the fundamental theory of law in comparison with commenting on the current legislation in order to be able to substantiate the regulation of non-standard situations in the life of society. The principal outcome of the present survey is a consideration that the Russian legislation in the sphere of education that requires implementation of such educational procedures components as training, education, scientific activity and upbringing cannot be completely implemented under conditions of the imposed administrative restrictions in course of the pandemic.

Home Quarantine or Home Isolation During the Covid-19 Pandemic as a Deprivation of Liberty under Polish Law

Combating the COVID-19 pandemic requires that States should take many measures, which may also substantially interfere with the rights or freedoms of individuals. One commonly used mechanism to counter the spread of the SARS-CoV-2 virus is home quarantine or home isolation. Bearing in mind the guidelines arising from ECHR case-law, the article assesses whether home quarantine or home isolation applied under Polish law constitutes a deprivation of liberty. Taking into consideration the manner and conditions of these isolation measures and the possibility of using coercive measures, home quarantine or home isolation under Polish law constitutes deprivation of liberty within the meaning of Article 5(1)(e) of the ECHR. Then attention is drawn to selected consequences arising from this classification. In particular, it is emphasized that they cannot be imposed by a decision of the legislator, but only as a result of an act of law enforcement by sanitary authorities or courts.

Regulation of Triage in Times of a Pandemic: Experiences from Slovenia (and Beyond)

The article offers an overview of legal regulations governing (medical) triage in Slovenia and their importance in times of the Covid-19 epidemic. Focusing on the Patients’ Rights, Health Care and Health Insurance, Medical Services, and Health Services Act, it looks at ways in which legal rules and medical standards intertwine when it comes to deciding who should receive particular limited medical treatment first or in what order. It also deals with ways in which professional rules of conduct or medical standards may, on the one hand, exclude the unlawfulness of particular conduct, and how, on the other hand, law may limit the autonomy of medical practitioners. Both the autonomy in their professional conduct as well as healthcare providers’, but especially professional organizations’ law-making autonomy. Even if grounded in the Slovenian legal order, the present article by nature surpasses its domestic boundaries, since the Covid-19 epidemic created similar issues in several if not in all European jurisdictions. Even more so, since the article addresses several general challenges concerning triage in times or moments of crisis, such as state’s positive obligations, recognition of patients’ private autonomy, medical treatment abroad, ethical deliberations concerning a just distribution of scarce medical services, etc.

Human Rights during the COVID-19 Pandemic in Hungary with Special Regard to the Right to Have Contact

In Hungary, the government declared a state of danger in March 2020 as a consequence of the COVID-19 pandemic. The state of danger was lifted in June, but epidemological preparedness and state of medical crisis were declared by a government decree. In November 2020, the state of danger was declared for the second time, while epidemological preparedness was maintained. In February 2021, the state of danger was declared again. The list of the legal rules which changed and have been continuously changing because of the COVID-19 pandemic since March 2020 is extremly long and the new provision or the modifications have been heavily influencing the population's everyday life. The aim of this paper is to overview primarily the restrictions affecting human rights with special regard to the right to have contact as one of the patients' rights. Important issues of the parent-child contact affected by the COVID-19 pandemic is discussed, as well.