Implementation of the right to protect health on the materials of the practice of the European court of human rights

Калашник, Олена Миколаївна and Юхно, А.А. and Емельянов, В.П. and Павликовский, В.И. and Сиваш, Е.М. (2020) Implementation of the right to protect health on the materials of the practice of the European court of human rights Georgian medical news (7-8). pp. 189-195. ISSN 1512-0112

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Abstract

The aim of the article is a comprehensive analysis of the possibility of realizing the human right to health protection based on the practice of the European Court of Human Rights. To achieve this goal, general scientific and special methods of cognition were used, chosen taking into account the purpose of the work. The epistemological method was used to study the general prerequisites, means and patterns of development of mechanisms for protecting the human right to health protection, including in the ECHR. The dialectical method - when searching for the right approaches to solving theoretical and legal problems that arise in the legal regulation of the human right to health protection. Using the method of legal analysis, the scope of medical human rights is determined. The statistical method was used to study the dynamics in the processes associated with the realization of the human right to health at the ECHR. The comparative legal method made it possible to compare the norms of the national legislation of Ukraine and other countries with the practice of the ECHR in the field of ensuring the human right to health protection. The structural method is used to study the types of medical human rights that are protected by the ECHR. The article concludes that the right to health protection ensures the natural existence of an individual, is of great importance in the system of rights, and is an integral, natural achievement of mankind. It is emphasized that it is advisable for states to pay attention to the practice of the ECHR to ensure medical human rights in order to prevent violations of these rights and provide effective mechanisms for their implementation. The article notes that the ECHR does not recognize abortion and euthanasia as violations of the Convention. It is noted that the practice of the ECHR in dealing with cases of violation of the human right to health has become a guideline for health care reform in most countries of the European Union and has made it possible to achieve significant changes in the work of healthcare systems for the better. It has been determined that the main task of the ECHR and international organizations in resolving issues related to the protection of the human right to health care is the observance by the participating states of the Convention in this area.

Item Type: Article
Uncontrolled Keywords: health protection; medical rights; human right to health protection; ECHR; European Court of Human Rights; judicial practice.
Subjects: Статті у наукометричних базах > Scopus
Divisions: Факультети > Факультет права та міжнародних відносин > Кафедра публічного та приватного права
Depositing User: Алена Николаевна Калашник
Date Deposited: 27 Oct 2020 06:50
Last Modified: 26 May 2021 07:23
URI: https://elibrary.kubg.edu.ua/id/eprint/32358

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