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1.
Wiad Lek ; 74(2): 341-350, 2021.
Artículo en Inglés | MEDLINE | ID: mdl-33813498

RESUMEN

OBJECTIVE: The aim: The purpose of this article is to expose the essence of the concept of the human right to life, including in the content of this right, the duty of the state to maintain and develop general conditions for a dignified human life. PATIENTS AND METHODS: Materials and methods: The article explores the modern concept of understanding the human right to life. The article analyzes the constitutions, other regulations, as well as the experience of different countries in the world on this issue (in particular, the countries of Western and Eastern Europe, Latin America, USA). The empirical basis of this research consists of two judgments of the Constitutional Court of Ukraine, Resolution of the Plenum of the Supreme Court of Ukraine «On Judicial Practice in Cases of Crimes against the Life and Health of a Person¼ of February 7, 2003, № 2, and judgments of the European Court of Human Rights (Case of Lambert and others v. France of 5 June 2015, Case Hristozov and others v. Bulgaria of 13 November 2012, Case G. N. and others v. Italy of 01 December 2009) on issues related to the human right to life. The application of methods and techniques of scientific knowledge is conditioned by a systematic approach, which enables them to consider outlined problems in the unity of their social content and legal form. In particular, the formal-logical method, methods of analysis and synthesis, comparative-legal method, formal legal and statistical methods are used. CONCLUSION: Conclusions: The modern approach to understanding the human right to life presupposes that it is the state's responsibility to protect that right, to take appropriate measures to remedy the general conditions in society that may endanger life or prevent individuals from living a dignified life.


Asunto(s)
Valor de la Vida , Europa Oriental , Francia , Humanos , Italia , Ucrania
2.
Wiad Lek ; 72(7): 1337-1342, 2019.
Artículo en Inglés | MEDLINE | ID: mdl-31398166

RESUMEN

OBJECTIVE: Introduction: The right to health is exercised through a complex system of state and social measures of legal, economic, social, scientific, cultural, educational, organizational, technical, sanitary and hygienic nature, aimed at preserving and improving the health of people , lengthening the life expectancy and working capacity, creating good living and working conditions, providing physical and mental development for children and young people, and preventing and managing illnesses and their treatment. The aim: Investigate the international legal and constitutional legal regulation of the right to health care in the countries of the European Union. PATIENTS AND METHODS: Materials and methods: The article analyzes the Constitution of the European Union, a number of international legal acts and judgments of the European Court of Human Rights. RESULTS: Review: Each country defines the conditions for realizing the right to health care, according to which people should be healthy, the state itself assumes the obligations of the controller and the protection of this right. These provisions should primarily be enshrined in the Basic Laws - the constitutions. The main direction of state policy in reforming social relations is the achievement of European international legal standards in all spheres of public life. These standards fix the principles, guarantees of norms that determine the scope of human rights, in particular the right to health care. CONCLUSION: Conclusions: The main problem of ensuring and realizing the right to health in the European Union, as in many countries, is the financing of this industry, because in general, it is impossible to talk about free medical care in the European Union. There are also problems in the field of investment in health care. The urgent issues of primary health care and public health and the elderly dependence period.


Asunto(s)
Atención a la Salud , Derechos Humanos , Unión Europea , Humanos , Salud Pública
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