FEATURES OF MECHANISM FOR THE IMPLEMENTATION OF THE CONSTITUTIONAL RIGHTS OF PERSONAL HEALTH PROTECTION BASED ON LEGISLATION OF FOREIGN COUNTRIES
Journal Title: «Приватне та публічне право» - Year 2018, Vol 1, Issue
Abstract
The article is devoted to highlighting the actual problems of clarifying the content of the main elements of the mechanism of realization of the right of the person for health protection. The substantive and essential correlation of these basic elements is analyzed. On the basis of the analysis, an author’s approach to the “mechanism of realization of the right of a person to health care” was developed. The mechanism of ensuring the rights and freedoms of man and citizen is a broad concept and covers the “realization of human and civil rights and freedoms”, “the protection of human and civil rights and freedoms”, “the security of human and civil rights and freedoms”. In accordance with the mentioned above main doctrinal approaches to understanding the essence of the investigated legal category, we believe that the constitutional and legal mechanism of protecting the right to health is a system of interrelated elements involved in the process of protecting this right. There are the following components of this mechanism: object (competence), subjects (state authorities, civil society institutions, citizens themselves), grounds (legal and factual), principles (general and special), forms (judicial and non-judicial), security guarantees. On the basis of the analysis, it was determined that the main elements of the mechanism of ensuring the realization of the right of a person to health care are: 1) the norms and regulations in which they are reflected: the content of the corresponding right, obligations of the state and health care institutions in this area, the basic guarantees of the realization of the right, legal liability for its violation; 2) public administration and organization of health care system; 3) financial and institutional support for the functioning of medical institutions and other health care facilities; 4) judicial and extrajudicial procedures for protecting the right of a person to health care. There are suggested author’s approaches to improving the norms of the constitutional and other legislation with regard to the rationalization of functional approaches concerning the mechanism of realization of the right of the person to health care.
Authors and Affiliations
Ю. Ю. , Швець
Keywords
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