Health as a Legal Category

Стефанчук, Руслан; Yanchuk, A. O.; Stefanchuk, M. M.; Stefanchuk, Mykola

doi:10.26724/2079-8334-2019-1-67-93

Cited by 2 publications

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The concept of health, defined by R. Stefanchuk, as a personal non-property benefit and should be covered by the existing somatic and mental state of the organism's life, which is determined by the system of qualitative and quantitative medical indicators. At the same time, noting that today civil legislation should contain provisions that would guarantee to an individual not only the right to health protection, but would provide a real legal opportunity to carry out the maximum amount of actions (behavior) that is aimed at (in the quantitative and qualitative aspect) satisfaction of their interests in the aspect of their own health (Stefanchuk, Yanchuk, Stefanchuk, Stefanchuk, 2019).…”

Section: [Iv] Discussionmentioning

confidence: 99%

Biomedical Ethics and Human Rights in The Context of Innovation and Information Development of Society

Kalyuzhny¹,

Макеєва²,

Shapenko³

2020

TAKSAD

View full text Add to dashboard Cite

The article is devoted to the issues of biomedical ethics and human rights in the conditions of innovation and information development of society. The factors of the emergence of modern biomedical ethics under the evolution of biology and medicine, including innovative technologies. Under "biomedical ethics," the branch of knowledge is considered, which is a system of ethical and legal norms that regulate relations in the field of biomedicine, a set of moral principles, norms and rules that medical professionals should observe in the course of professional activity. Sources of biomedical ethics are singled out: national legislation in the field of medicine; international medical law regulating legislation; international ethical (deontological) codes containing recommendations on medical ethics; national ethical (deontological) codes of professional ethics of medical staff. The basic functions of biomedical ethics are disclosed: informational, axiological (value), communicative, preventive. The issue of ratification by the Verkhovna Rada of Ukraine of international acts as a condition for ensuring the protection of human rights is explored. The expediency of adopting a special law "On the Protection of Patients' Rights", which determines the legal, economic and organizational foundations for the protection of the rights and legitimate interests of patients, including biomedical ones, is substantiated. The need to overcome the gaps in the legislation of Ukraine by unifying and developing concepts in the field of biomedicine, the normative consolidation of ethical requirements for medical staff and the implementation of biomedical research and medical practice, as well as the responsibilities of patients, is emphasized. The emphasis placed on the need to improve the domestic health care model through the introduction of a publicprivate partnership in healthcare. The importance of creating a system of organizational and legal measures to improve control over the implementation of laws and regulations on the observance of the legality of processing personal data through the establishment of rules of legal responsibility, the provision of the use of electronic services in order to implement the rights of patients, the development of criteria-signs of the concept of "personal data". The prospect of further research on biomedical ethics and human rights through the improvement of legal theory and legal practice is determined. It is concluded that fundamental human rights should remain the basis for solving existing ethical and legal problems in the field of biomedicine.

show abstract

Section: [Iv] Discussionmentioning

confidence: 99%

Biomedical Ethics and Human Rights in The Context of Innovation and Information Development of Society

Kalyuzhny¹,

Макеєва²,

Shapenko³

2020

TAKSAD

View full text Add to dashboard Cite

show abstract

Regulatory and legal support of public administration in the field of medical service of the population

Kravets

2021

LRKUL

View full text Add to dashboard Cite

The article formulates classification groups of normative legal acts that will regulate the activity of the sphere of medical care ofthe population. Today in Ukraine there are a number of laws and other regulations that provide medical care. In order to improve theentire regulatory system in the study area, it is necessary to systematize all regulations, depending on the subject orientation, into classificationgroups of regulatory and legal support of medical care, depending on the subject of legal support of medical care, namely: actsthat aimed at providing medical services and medical care; acts that form the relationship of health care institutions with patients; actsthat regulate characterological social relations in the field of medical care; acts establishing legal liability for violation of norms in thefield of medical care. In accordance with the proposed classification, the author described the systematized regulations. The sources thatdetermine international legal acts in the field of health care are documents issued by the United Nations, the World Health Organi zation,the International Labor Organization, the Council of Europe and the European Union, the World and European Medical Associations, andnamely: “Convention for the Protection of Human Rights and Dignity of Biology and Medicine: Convention on Human Rights and Biomedicine(European Convention on Human Rights and Biomedicine)”; “European Convention for the Protection of Human Rights andFundamental Freedoms (ECHR)”; “European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment”;“European Social Charter (ESC)”; “Framework Convention for the Protection of National Minorities”; “Recommendation № R(2000) 5 of the Committee of Ministers of the Council of Europe to member states on the development of forms of participation of citizensand patients in the decision-making process affecting health care”; “Partial agreement in the field of social and public health”; “Conventionon the Development of a European Pharmacopoeia”; “Convention for the Protection of Human Rights and Dignity in Respect ofthe Use of Advances in Biology and Medicine” and its protocols, etc., which are supplemented and clarified by a number of recommendationsin the field of medical care; Directive 2001/83 / EC of the European Parliament and of the Council of the European Union on theCommunity code relating to medicinal products for human use, as well as Directives of the Council of the European Union, namely: theEU Charter of Fundamental Rights; “Draft EU Directive on the rights of patients in cross-border healthcare”, etc.

show abstract

Health as a Legal Category

Cited by 2 publications

References 0 publications

Biomedical Ethics and Human Rights in The Context of Innovation and Information Development of Society

Biomedical Ethics and Human Rights in The Context of Innovation and Information Development of Society

Regulatory and legal support of public administration in the field of medical service of the population

Contact Info

Product

Resources

About