THE ROLE OF THE CONSTITUTIONAL COURT PROTECT THE RIGHTS OF PERSONAL HEALTH
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
The article is devoted to determining the role of the Constitutional Court of Ukraine in protecting the right of a person to health care. The powers of the Constitutional Court of Ukraine in the field of protection of constitutional rights of the person are analyzed; the significance of constitutional control in protecting the right of a person to health protection has been clarified; characterized acts of the Constitutional Court of Ukraine in the sphere of protection of the right of the person to health care. The concept and types of guarantees of ensuring the realization of constitutional rights and freedoms of man and citizen are determined; characterized constitutional guarantees for the implementation of the right of the person to health. The classification of constitutional guarantees of realization of the right of a person to health protection has been developed. It is substantiated that the constitutional guarantees of ensuring the right of a person to health care are regulated by the Constitution and laws of Ukraine, the system of legal, organizational, economic, institutional and other conditions, means and mechanisms by which the proper observance of all the constituent elements of the right of the person to health protection is achieved. The classification of constitutional guarantees of realization of the right of a person to health protection has been developed. By the criterion of the security mechanism underlying the relevant safeguards, they are divided into four groups: legal, institutional, organizational and resource. It has been established that each of these groups of guarantees plays an important role in ensuring the implementation of the respective rights, therefore, only their complex application can guarantee the realization of all rights of the person in the field of health care
Authors and Affiliations
Ю. Ю Швець
Keywords
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