Нuman right to virtual reality in the healthcare: legal issues and enforcement problems

Abstract

A key feature of modern legal relations in the healthcare sector is the widespread use of digital technologies. This study describes certain aspects of the legal regulation of the human right to virtual reality in the healthcare sector and the problems of law enforcement. The methodology of this work is based on an interdisciplinary approach using comparative legal, dialectical and systemic methods. The main objective of this article is to determine the forms and directions of the use of virtual reality in health care in the context of human rights. It is emphasized that the introduction of smart technologies, virtual reality in the healthcare sector is the main modern trend in the development of healthcare in order to improve the provision of healthcare services. The human right to use virtual reality in healthcare is to ensure the actions of virtual reality users within the framework of virtual information relations in the healthcare sector, which are governed by the relevant legal norms. The human right to use virtual reality in healthcare is a fourth generation of human rights. These rights include all rights that have arisen as a result of scientific progress, the development of morality, namely "somatic rights", as well as information rights. The use of virtual reality in the healthcare sector is possible in the following areas, namely: (1) medical training, (2) surgical modeling, (3) rehabilitation, (4) psychotherapy and psychology, (5) ophthalmology, (6) telemedicine, etc. It is stated that user safety, privacy, freedom of expression, ethics and copyright protection in the use of virtual reality in healthcare require legislative regulation, taking into account the European experience. The virtual space in the healthcare sector provides opportunities for the realization of human rights and freedoms regarding the preservation of their health, but can be used to carry out actions that contradict the norms of law and have illegal behavior. The latter requires an improvement in the regulatory framework when using the virtual space of the healthcare sector to protect the interests of the individual, society and the state using international standards.

Legal Aspects of Off-Label Treatment with “Medical Marijuana” in Terminally Ill Patients – a Medical Experiment or an Embodiment of the Patient’s Right to Receive Services in Accordance with Current Medical Knowledge?

“…The admissibility of using ICT media in the context related to the prescription of medicinal products constitutes the implementation of the patient's right to virtual healthcare. 50 According to I. Vrancken, the term "off-label use" should be understood primarily as the use of medicines in a population not listed in the SmPC and also not in accordance with the registered indication. 51 It is also argued in the literature that off-label use may mean the use of a medicine in other age group, with other dosage or contrary to its intended use.…”

SECTION 45. Administrative and legal means of protecting citizens of Ukraine in public administration

“…Legal means are the fundamental means of legal support, which have their own characteristics and functional purpose. In the theory of law, the features of legal means include the following: (1) they reflect generalizing legal methods for ensuring the interests of subjects of law, achieving goals; (2) determine the informationenergetic qualities and resources of law, which gives them a special legal force aimed at overcoming obstacles to satisfying the interests of participants in legal relations; (3) combined in a certain way, they are the main functioning parts (elements) of the operation of law, the mechanism of legal regulation, legal regimes (ie, the functional side of law); (4) cause legal consequences, specific results that determine a certain degree of effectiveness or defectiveness of legal regulation; (5) provided by the state; (6) are of a legal nature; (7) have a specific form of expression; (8) reflected in legal documents; (9) have a psychological impact on the subjects of law; (10) is a means of reconciling the interests of society and the individual; (11) fix models of lawful behavior of subjects; (12) determine the nature of the behavior of subjects, taking into account its compliance or contradiction with the requirements of law; (13) stimulate lawful behavior; (14) is an element of the mechanism of legal influence (p. 42-43) 1 .…”

Human Right to Access Public Information: The Experience of Ukraine and the Practice of the ECtHR

“…Riegner,6 explored the issues of access to information as a human right and a constitutional guarantee; Mendel, 7 studied some legal issues regarding freedom of information as an internationally protected human right; Christoffersen, J. Jukka Viljanen, 8 drew attention to the activities of the European Court of Human Rights as a developer of general doctrines of human rights law, Laurence R. Helfer, 9 integration as a deep structural principle of the European human rights regime in the reconstruction of the European Court of Human Rights; Kaplina, O, and Tumanyants A, 10 studied the decisions of the European Court of Human Rights that influenced the criminal process in Ukraine and others. Recently, the development and research in scientific sources of such human rights as the human right to virtual 11 , the human right to security 12 , the human right to Internet access 13 , the human right to innovation 14 , the rights of the patient to receive information in the concept of "health and human rights" 15 , international standards of the right to information, features of the institutional framework of the right to information in certain jurisdictions 16 , problems of application of the Law of Ukraine on access to public information. 17 However, the issues of integration of the practice of the European Court of Human Rights regarding the problems of exercising the right to access to public information do not lose their relevance, since the problems of protecting human rights and freedoms in the context of European integration processes in Ukraine require improvement both in form and content.…”