scholarly journals THE IMPACT OF COVID-19 PANDEMIC ON IMPROVING THE LEGAL REGULATION OF PROTECTION OF HUMAN RIGHT TO HEALTH

2020 ◽  
Vol 73 (12) ◽  
pp. 2768-2772
Author(s):  
Oleh M. Omelchuk ◽  
Inna V. Shevchuk ◽  
Anna V. Danilova
Keyword(s):  
Criminal Liability ◽  
Analytical Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
Right To Health ◽  
Human Right ◽  
Main Research ◽  
Cultural Rights ◽  
The Right ◽  
The Impact

The aim: Theoretical and methodological substantiation of the impact of COVID-19 on the implementation of state policy on the protection of human right to health in terms of improving the legal framework in the field of demographic security. Materials and methods: The main research materials are the norms of the International Covenant on Economic, Social and Cultural Rights, the Conventions for the Protection of Human Rights and Fundamental Freedoms and the legal framework of the countries that have adopted temporary quarantine measures. This research is based on empirical and analytical data from WHO, Bloomberg's financial information provider. During the research, the following methods have been used: statistical, system-structural analysis, content-analysis, comparison, grouping and forecasting. Conclusions: Under the conditions of pandemic, attention should be paid to strengthening both administrative and criminal liability for violating quarantine, which will serve as a prerequisite for improving the legal mechanism of combating threats to the country's demographic security. The protection of the right to health requires the state to create conditions to prevent the risk of occupational diseases among health care workers and others involved in the response to COVID-19.

scholarly journals THE HUMAN RIGHT TO HEALTH: A RETROSPECTIVE ANALYSIS AFTER 70 YEARS OF INTERNATIONAL RECOGNITION

2018 ◽  
pp. 24-42
Author(s):  
MARÍA DALLI
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
World Health ◽  
Health Coverage ◽  
Human Right ◽  
The Sustainable Development ◽  
Cultural Rights ◽  
Health Organization ◽  
The Individual ◽  
The Right

In 1948, the General Assembly of the United Nations adopted the first international text recognising universal human rights for all; the Universal Declaration of Human Rights. Article 25 recognises the right to an adequate standard of living, which includes the right to health and medical care. On the occasion of the 70th anniversary of the Declaration, this article presents an overview of the main developments that have been made towards understanding the content and implications of the right to health, as well as an analysis of some specific advancements that aim to facilitate the enforcement thereof. These include: a) the implication of private entities as responsible for right to health obligations; b) the Universal Health Coverage goal, proposed by the World Health Organization and included as one of the Sustainable Development Goals; and c) the individual complaints mechanism introduced by the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (adopted on the 10th December 2008, 60 years after the UDHR).

scholarly journals Legal Exploration of Right to Health

2021 ◽  
Vol 29 (S2) ◽  
Author(s):  
Tengku Noor Azira Tengku Zainudin ◽  
Mohd Zamre Mohd Zahir ◽  
Ahmad Azam Mohd Shariff ◽  
Ramalinggam Rajamanickam ◽  
Ong Tze Chin ◽  
...  
Keyword(s):  
Legal Status ◽  
World Health Organisation ◽  
Legal Framework ◽  
Right To Health ◽  
World Health ◽  
Health It ◽  
Physical And Mental Health ◽  
Human Right ◽  
The Right ◽  
Legal Mechanism

The right to health is recognised as a fundamental human right in the World Health Organisation (WHO) Constitution. In Malaysia, the enjoyment of the highest attainable standard of physical and mental health is a fundamental human right without discrimination for every human being. Consequently, the principle of the “right to health,” regardless of the legal status of an individual, is the driving force in creating acceptable standards of health care for all citizens. Even for individual who suffers from Covid-19, he still has a fundamental right to health. The issue of the right to health is whether the patients have any rights of their health? If they do have the right to health, the next issue is whether the hospitals are legally bound to follow such right, i.e. the right to health of the patients. Therefore, this paper aims to analyse and discuss the issues regarding the rights to health of the patients. Without the legal mechanism in recognising the right to health, it pointed out that is no such right. The method employed in this paper is qualitative based. The paper finds that although Malaysia does not have any specific legal framework about the right to health, the application of international legal mechanism can be referred to a guideline. Thus, it is important to have a specific legal framework by applying international legal mechanism in order to address this issue.

scholarly journals Human Right to Internet Access in Healthcare in the “Right to Health Concept”: Legal Issues

2021 ◽  
Vol 10 (2) ◽  
pp. 286
Author(s):  
Oleksandr Shevchuk ◽  
Valentyna Zui ◽  
Ivanna Maryniv ◽  
Svitlana Davydenko ◽  
Sergii Mokhonchuk
Keyword(s):  
Human Rights ◽  
Medical Information ◽  
Legal Regulation ◽  
Right To Health ◽  
Healthcare Sector ◽  
Medical Information System ◽  
Fourth Generation ◽  
The Internet ◽  
Human Right ◽  
The Right

This work reveals the features of the administrative and legal regulation of the human right to access the Internet in the “concept of the right to health”. It is emphasized that the basis of the legal regulation of the human right to access the Internet in the "concept of the right to health" should be the recognition of the principles of the priority of human rights and freedoms, adequate state control, ensuring the choice of criteria that make it possible to realize accessibility, anonymity, and minimize the collection and processing of personal data about the patient. The structure of Internet relations in relation to the healthcare sector has been established, their analysis has been carried out, their object has been established. Legal constructions have been formulated: "information", "Internet" in the norms of international and national regulatory legal acts, as well as the terms "e-Health", "electronic cabinet", "electronic medical information system", the author's definition of "the right to access the Internet in the field of health care ". It has been established that the human rights to access the Internet in the “concept of the right to health” should be attributed to the fourth generation of human rights. The concept of "telemedicine" is formulated, their forms are disclosed, the stages of the evolution of legislation are established, and the problems of their legal regulation in the context of human rights are indicated. It is concluded that the consolidation of the right to access the Internet at the level of the Constitution of Ukraine is a necessity.

scholarly journals AUTONOMIA PARENTAL EM SAÚDE E CONFORMAÇÃO DO MOVIMENTO ANTIVACINAÇÃO NO CENÁRIO DE PÓS-VERDADE

2020 ◽  
Vol 2 (59) ◽  
pp. 453
Author(s):  
Gustavo Silveira BORGES ◽  
Taciana Damo CERVI ◽  
Thami Covatti PIAIA
Keyword(s):  
Analytical Procedure ◽  
Legal Protection ◽  
Right To Health ◽  
Human Right ◽  
Children Health ◽  
Health Promoting ◽  
The Media ◽  
Parental Autonomy ◽  
The Right ◽  
The Impact

RESUMO Objetivo: O presente artigo tem como objetivo principal investigar o crescimento do movimento antivacinação e a complexidade ético-jurídica na ponderação do exercício da autonomia parental na recusa vacinal, os direitos das crianças e a tutela da saúde pública. Metodologia: O estudo adota o método de abordagem hipotético-dedutivo e o método de procedimento analítico por meio da revisão bibliográfica. Resultados: A pesquisa identifica os desafios relacionados à promoção da saúde infantil no contexto de consagração da pós-verdade; demonstra estatisticamente a redução no índice de doenças mediante a implementação de políticas públicas de vacinação e de que os benefícios da imunização prevalecem sobre os riscos. Contribuições: A partir da análise realizada, identifica no cenário de internet e pósverdade o impacto da tecnologia algorítmica na atual construção dos papéis sociais que estimulam a expansão de posturas negacionistas a partir de especulações ou inverdades propagadas pela mídia, o que reforça a necessidade de formulação de estratégias para uma conscientização verdadeira, atinente à proteção jurídica universal do direito humano à saúde. Ao final, ressalta a importante atuação do Estado para coibir a recusa vacinal, bem como a participação da sociedade civil na formulação de estratégias para a efetivação do direito à saúde. Palavras-chave: Movimento antivacinação; saúde; direitos humanos; pós-verdade. ABSTRACT Objective: The research analyses the growth of the anti-vaccine movement and the ethic-legal complexity in pondering the use of parental autonomy in vaccines refusal, children rights and the protection of public health. Methodology: The study adopts the hypothetical-deductive approach and the analytical procedure method through bibliographic review. Results: The research identifies the challenges related to children health promoting in the post-truth context consecration; it shows statistically the reduction in the diseases index with implementation of vaccine related public policies and that the benefits of immunization prevail under the risks attached to it. Contributions:The research identifies the internet and post-truths scenarios and the impact of algorithmic technology in the current construction of social roles that incentive the expansion of denial postures through speculations of untruths propelled by the media, which reinforces the need of the formulation of strategies for a real enlightenment towards a universal legal protection of the human right to health. Finally, the study highlights the important performance of the State to deter vaccines refusal, as well as to the participation of civil society in the formulation of strategies to turn in effect the right to health. Keywords: Anti-vaccine movement; health; human rights; post-truth.

scholarly journals Protection of Human Rights in the Context of Fight against Gene Doping

2020 ◽  
pp. 67-77
Author(s):  
A. I. Redkina ◽  
O. A. Shevchenko ◽  
D. I. Vorontsov
Keyword(s):  
Human Rights ◽  
Criminal Liability ◽  
Legal Regulation ◽  
High Tech ◽  
Human Right ◽  
Gene Doping ◽  
Right To Health Care ◽  
Testing Procedures ◽  
Protection Of Human Rights ◽  
The Right

This article examines issues related to the protection of human rights in the context of the fight against the use of gene doping. The fact of using gene therapy in relation to a person already includes a significant range of potential ethical problems, including probable health risks, the degree of awareness of the patient’s consent to perform certain manipulations, as well as the long-term consequences for a person’s life, and, which is equally important, for future generations. At the same time, the problems of the use of gene doping in relation to athletes significantly aggravates and complicates the process of building regulatory approaches. The article notes the particular susceptibility of the athlete's right to health care in the context of the problem of gene doping. The paper studies the features of the implementation and protection of the human right to protect health and the right to privacy, including legislation aspect of biomedicine and bioethics, as well as taking into account the difficulties associated with the identification of the use of gene doping. Conclusions regarding possible areas for improving legal regulation in this area, among which, strengthening or detailing the legal regulation of the provision of high-tech medical care, properly informing athletes, coaches and other sports professionals about the possible risks of applying genetic engineering methods to humans, proper regulation of testing procedures, toughening criminal liability and expansion of the subject matter of such crimes are formulated.

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 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.

On the Content of the Human Right to Affordable and Quality Medical Care in the Russian Constitution, Federal Legislation, and Constitutions (Charters) of the Subjects of the Russian Federation

2019 ◽  
pp. 14-19
Keyword(s):  
Medical Care ◽  
Russian Federation ◽  
Legal Regulation ◽  
Right To Health ◽  
Special Role ◽  
Human Right ◽  
Russian Constitution ◽  
The Russian Federation ◽  
The Right ◽  
Quality Medical Care

The article discusses the issues of constitutional-law and special legal regulation of the human right to health and affordable and quality medical care. It is shown how this right is stipulated by constitutions and charters of subjects of the Russian Federation in accordance with the Constitution of Russia. Whereas the Constitution providing the right to health does not prescribe that medical care should be «affordable» and «quality», the author believes that these attributes are intrinsic to medical care because it is only affordable and quality medical care that is a guarantee of realization of the right to health. Health is considered by the author as a prerequisite of using other rights and freedoms. Using the comparative-law methodology, the author analyzes constitutions and charters of constituent entities of the RF and concludes that less than a half of them have provisions concerning the right to health protection and medical care. At the same time, under Constitution protection of human rights shall be within the joint jurisdiction of the Russian Federation and constituent units. It is emphasized that the special role in protection of the human right to health on the sub-federal level belongs to regional constitutional (charter) courts, some examples from their practice are given.

Is There a Human Right to Private Health Care?

2013 ◽  
Vol 41 (1) ◽  
pp. 138-146 ◽  
Author(s):  
Aeyal Gross
Keyword(s):  
Health Care ◽  
Right To Health ◽  
Special Rapporteur ◽  
International Level ◽  
Private Health Care ◽  
Human Right ◽  
Cultural Rights ◽  
Access To Health ◽  
Rights Discourse ◽  
The Right

Recent years have seen an increase in the turn to rights discourse within the context of access to health and specifically health care. Developments took place at both the national and global levels, with a significant increase in right to health litigation around the world1 and developments at the international level, such as the appointment of a Special Rapporteur on the Right to Health and the adoption of a “General Comment” on the topic by the UN Committee on Economic, Social and Cultural Rights.

Trade Rules, Intellectual Property, and the Right to Health

2007 ◽  
Vol 21 (3) ◽  
pp. 337-357 ◽  
Author(s):  
Lisa Forman
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Right To Health ◽  
Essential Medicines ◽  
Human Right ◽  
Poor Countries ◽  
Access To Essential Medicines ◽  
The Right ◽  
Human Rights Standards ◽  
The Impact

In perpetuating and exacerbating restricted access to essential medicines, current trade-related intellectual property rules on medicines may violate core human rights to health and medicines. In this light, their impact on the global disease burden raises serious questions about their necessity, and their justification should be critically assessed from the perspective of human rights standards. These standards require that international trade rules on medicines be justified to the fullest extent possible, and permitted only to the extent to which they can be justified. In this article I explore the impact of trade rules on medicines access, and the growing force of the human right to health. I argue that the limited justification for strong patents in poor countries suggests the need for significant reform of trade-related intellectual property rights. I argue further that human rights standards may offer both normative and practical tools for achieving this reform and for challenging trade rules on medicines at various levels.

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