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Articles de revues sur le sujet « Right to health and medical care »

Auteur : Grafiati

Publié le 7 juin 2025

Mis à jour le 2 août 2025

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1

Kadukha, Ivan Vasilyevich. "Definition, structure and content of the right to health care." Alʹmanah prava, no. 15 (September 1, 2024): 574–78. https://doi.org/10.33663/2524-017x-2024-15-574-578.

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In the evolving landscape of international law and the globalized world, the right to health care encounters numerous challenges concerning its definition, structure, and content. Despite its universal recognition as a fundamental human right, the actualization and even the fundamental understanding of the right to health care remain debatable at both national and international levels. This research seeks to delve into a more profound comprehension of the right to health care beyond mere access to medical services, recognizing its complex nature. This study aims to explore and analyse the conc

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Murgustova, Z. O. "Mechanism of implementation of the right to health care, medical assistance and medical insurance." Uzhhorod National University Herald. Series: Law 1, no. 84 (2024): 343–48. http://dx.doi.org/10.24144/2307-3322.2024.84.1.51.

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The article examines the problematic issues of defining the concept of the mechanism of realization of the right to health care and medical assistance, as well as the components of the specified mechanism and the systemic connections between them. The author’s definition of the mechanism of the realization of the right to health care, medical assistance and medical insurance is proposed, which should be considered as a complex process, a system of interconnected components that create conditions for the legitimate exercise of the right of an individual, which includes a set of relevant legal n

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Weale, Albert. "The right to health versus good medical care?" Critical Review of International Social and Political Philosophy 15, no. 4 (2012): 473–93. http://dx.doi.org/10.1080/13698230.2012.699399.

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Murgustova, Z. O. "Guarantees of implementation of the right to health protection and medical assistance." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 71–76. http://dx.doi.org/10.24144/2788-6018.2024.04.10.

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It is noted that in the conditions of rapid development of society, scientific and technical progress and the emergence of new diseases, the issue of the realization of the right to health care acquires special significance. The growth of the planet’s population, increasing man-made load on the environment, deterioration of the ecological situation and armed conflicts significantly affect the exercise of this right. The lack of a minimum level of health makes it impossible for a person to fully participate in state and social life, limits the realization of his rights, which, in turn, threaten

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Meier, Benjamin Mason. "Advancing Health Rights in a Globalized World: Responding to Globalization through a Collective Human Right to Public Health." Journal of Law, Medicine & Ethics 35, no. 4 (2007): 545–55. http://dx.doi.org/10.1111/j.1748-720x.2007.00179.x.

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In confronting the insalubrious ramifications of globalization, human rights scholars and activists have argued for greater national and international responsibility pursuant to the human right to health. Codified seminally in Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), the right to health proclaims that states bear an obligation to realize the “highest attainable standard” of health for all. However, in pressing for the highest attainable standard for each individual, the right to health has been ineffective in compelling states to address burgeo

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LISOVYI, Vadym. "The right to health care in the EU legal system." Economics. Finances. Law 4/2024, no. - (2024): 23–25. http://dx.doi.org/10.37634/efp.2024.4.4.

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Introduction. The right to health care stands as a cornerstone of societal well-being, ensuring that individuals have access to essential medical services and treatments necessary for a healthy life. Within the European Union (EU), this right intersects with a complex legal landscape shaped by treaties, directives, and evolving jurisprudence. This paper explores the multifaceted dimensions of the right to health care within the EU legal system, examining its foundations, the instruments employed to uphold it, and the challenges encountered in its implementation. The purpose of the paper is to

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Berch, V. V. "Somatic rights and medical law: issues of protecting dignity and autonomy." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 92–95. http://dx.doi.org/10.24144/2788-6018.2023.05.13.

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It is noted that somatic rights, which define human rights to the inviolability of the physical body and medical autonomy, are gaining increasing importance in the modern world. The protection and enforcement of these rights are becoming urgent challenges because they determine the way in which health care is provided and received. It has been established that somatic rights are defined as human rights to the inviolability of the physical body and the right to control it. These rights include the right to privacy of medical information, the right to freely choose medical procedures, as w

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Senyuta, I. Y. "Peculiarities of the Dynamics of Medical Relations in Medical Law: Certain Aspects." Medicne pravo, no. 1(29) (April 15, 2022): 26–36. http://dx.doi.org/10.25040/medicallaw2022.01.026.

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The peculiarities of the implementation of the constitutional right to health care, medical assistance and medical insurance in martial law are clarified and the limits of its implementation are highlighted. It is established that according to the legislation of Ukraine in the conditions of the imposed martial law, the right guaranteed in Art. 49 of the Constitution of Ukraine, is not subject to restriction due to the absence in the list of constitutional rights that are subject to restriction in Presidential Decree № 64/2022. The normative regulation of the procedure for involvement of the d

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Goncharov, Vitaly V., Hussein Vakhaevich Idrisov, and Sukhinina Sukhinina. "Health system status as an indicator of the realization of the right to health care." LAPLAGE EM REVISTA 7, Extra-A (2021): 502–8. http://dx.doi.org/10.24115/s2446-622020217extra-a868p.502-508.

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This study analyses the impact of legal regulation that ensures the realization of the right to health care and medical care on the state of the health system. This study examines the concept and content of the right to health care and paid and free medical care, reveals the concepts of categories of quality and accessibility of medical services, and draws attention to their various aspects. The analysis of the current state of the health system is carried out. Some features of the provision of medical services to citizens are characterized, and the problems of violation of the right of citize

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Franjić, Siniša. "A Few Words about Health Care Law." Journal of Health Care and Research 2, no. 2 (2021): 126–32. http://dx.doi.org/10.36502/2021/hcr.6197.

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Every person has the right to health care and the opportunity to achieve the highest possible level of health. Every person is obliged to take care of their health. No one should endanger the health of other people. Every person is obliged to provide first aid to an injured or sick person in accordance with their knowledge and abilities and to provide them with access to the nearest medical institution. Every citizen has the right to health care while respecting the highest possible standard of human rights and values, i.e. the right to physical and mental integrity and security of his persona

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Spasov, Svetlozar. "INDEPENDENCE OF DOCTORS IN PROVIDING MEDICAL ASSISTANCE TO PERSONS DEPRIVED FROM LIBERTY." Knowledge International Journal 34, no. 5 (2019): 1573–79. http://dx.doi.org/10.35120/kij34051573s.

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Building an effective healthcare system and providing quality patient care is a main priority for the international community and European countries. Achieving this priority requires active behavior on the part of all actors in the health care system - state and municipal authorities, health care providers, medical professionals, and taking adequate and appropriate measures. Part of these measures should be aimed at improving access to medical care for all citizens, overcoming health inequalities between social groups, and ensuring an appropriate environment in which doctors can effectively ex

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HAYRY, MATTI, and HETA HAYRY. "HEALTH CARE AS A RIGHT, FAIRNESS AND MEDICAL RESOURCES." Bioethics 4, no. 1 (1990): 1–21. http://dx.doi.org/10.1111/j.1467-8519.1990.tb00062.x.

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Robertson, John A. (John Ancona). "Controversial Medical Treatment and the Right to Health Care." Hastings Center Report 36, no. 6 (2006): 15–20. http://dx.doi.org/10.1353/hcr.2006.0101.

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Tomilin, Oleg, and Ivan Romaikin. "SOME ASPECTS OF THE CONSTITUTIONAL RIGHT TO HEALTH PROTECTION AND MEDICAL CARE IN THE CONTEXT OF THE LEGAL POSITIONS OF THE SUPREME COURTS OF THE RUSSIAN FEDERATION." Social Aspects of Population Health 69, no. 4 (2023): 18. http://dx.doi.org/10.21045/2071-5021-2023-69-4-18.

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The constitutional right to health protection and medical care is one of the fundamental human rights. It has a rather complex implementation mechanism and assumes the functioning of a developed health organization system. The realization of the right to health protection and medical care has become particularly relevant during the spread of the new coronavirus infection COVID-19. The purpose of the study is to analyze some aspects of the constitutional right to health protection and medical care in the light of the legal positions of the highest judicial instances of the Russian Federation –

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Knoetze, Adriaan, and Shaun De Freitas. "The Protection of Conscientious Objection against Euthanasia in Health Care." Potchefstroom Electronic Law Journal 22 (September 20, 2019): 1–32. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5590.

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In 2015 the South African judiciary was confronted with the issue of the so-called "right to die", when Robin Stransham-Ford applied to the High Court of South Africa (the North Gauteng Division) for an order to have his life terminated. Although the Supreme Court of Appeal set aside the order (on procedural grounds), the High Court's judgment paved the way towards renewed attention regarding the possible legalisation of euthanasia. A pertinent question arising from this is whether a medical practitioner may be compelled to participate in the administering of euthanasia. Bearing this in mind,

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Фадеева, Ольга, and Olga Fadeeva. "Citizens' Rights to Health Protection and Medical Assistance, Guaranteed by Article 41 of the Constitution: Problems of Enforcement." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 3, no. 1 (2019): 97–103. http://dx.doi.org/10.21603/2542-1840-2019-3-1-97-103.

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The paper reflects the state of the modern healthcare system and various enforcements of the right to medical care guaranteed by the Constitution of the Russian Federation. The right to health, as well as the provision of qualified, free, and timely health care, are among the most important and fundamental human rights. The paper also features some key enforcement problems concerning the right to health protection and medical care, guaranteed by Article 41 of the Constitution of the Russian Federation, e.g. a lack of medical personnel, untimely provision of the first aid, and insufficient fina

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Bilyy, D. "Public administration as a subject of protection of the rights of the medical sphere." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 218–23. http://dx.doi.org/10.24144/2307-3322.2021.69.37.

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In this scientific article, the author conducted a study of public administration as a subject of protection of the rights of patients in the medical field. With the implementation of the health care reform, a new vision of providing medical care and medical services to patients is provided, new approaches to the system of financing health care facilities and paying for medical care and medical services by patients are introduced, levels of medical care are determined depending on complexity. medicine and state guarantees of medical care, etc. However, the successful implementation of the goal

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HOLOVKIN, Bohdan. "To the issue of health care for convicts." Economics. Finances. Law 10, no. - (2023): 61–64. http://dx.doi.org/10.37634/efp.2023.10.13.

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This paper examines the urgent and complex problem of health care for prisoners in penal institutions. The paper highlights the changes occurring in society and the penal system and their impact on this problem. The protection of rights and respectful treatment of prisoners are seen as key aspects of a humane and civilised social system. In particular, the problems related to the health of convicts and their impact on the security of society are considered. The study points to the need for an in-depth study of this topic and suggests constructive ways to address the problems associated with en

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Stevens, Dallal. "Asylum seekers and the right to access health care." Northern Ireland Legal Quarterly 61, no. 4 (2020): 363–90. http://dx.doi.org/10.53386/nilq.v61i4.460.

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In recent years, the issue of access to health care by asylum seekers has raised serious questions for government, the courts and the medical profession. Who has the right to medical treatment in the United Kingdom is a political, humanitarian and human rights matter. For the government – often facing public hostility towards asylum seekers and migrants, fearful of health tourism or “pull factors” to the UK, and confronting burgeoning financial constraints – access to treatment is often regarded as a concession rather than a right. For the courts, any decision to grant treatment to non-nationa

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Tiuftii, S. M. "Medical and sanitary provision of convicts in places of detention in the mechanism of exercising the right to health care." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 286–91. http://dx.doi.org/10.24144/2788-6018.2021.04.49.

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The article reveals the place of medical and sanitary provision of convicts in places of detention in the mechanism of exercising the right to health care. It is noted that in accordance with current legislation and international standards in the mechanism of exercising the right to health care, the state is responsible for the life and health of persons under its control, regardless of their legal status. An analysis of national legislation and international documents in the field of protection of the right of a convict to adequate medical care in places of detention showed that medical

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Akhmetianova, Zamira Asrarovna, Geliusa Khadievna Garaeva, Olga Nikolaevna Nizamieva, and Farda Ildarovna Khamidullina. "Rights of underage patients." Linguistics and Culture Review 5, S1 (2021): 1195–202. http://dx.doi.org/10.21744/lingcure.v5ns1.1505.

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The right of Russian citizens to their health protection is enshrined in the Constitution of the Russian Federation. However, there are peculiarities of the exercise of this right by a minor category of patients. The article analyzes the legal status of a minor patient, considers his social and individual rights in medical care. The peculiarities of the exercise of the child's right to information about the state of his health are revealed, the aspects of deciding on consent or refusal from medical care are considered. Given the fact that minor patients do not have full civil legal capacity, i

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Lindgren, Lars, Aaron S. Kesselheim, and Daniel B. Kramer. "The Right to Repair Software-Dependent Medical Devices." Journal of Law, Medicine & Ethics 50, no. 4 (2022): 857–59. http://dx.doi.org/10.1017/jme.2023.28.

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AbstractThe “right to repair” movement highlights opportunities to reduce health care costs and promote public health resilience through increased competition in the way in which medical devices are serviced and updated over their lifespan. We review legislative and legal facets of third-party repair of medical devices, and conclude with specific recommendations to help this market function more efficiently to the benefit of patients and health care systems.

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Oh, Seung Min, and Pyeong Man Kim. "Achieving the Right to Health of Immigrants: Focusing on Intercultural Competence." Catholic Institute of Bioethics 14, no. 2 (2024): 33–58. http://dx.doi.org/10.35230/pb.2024.14.2.33.

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In the clinical field that provides health care services to immigrants, various medical ethics issues are raised, including discrimination, prejudice, hatred, lack of cultural sensitivity, and lack of understanding of various disease belief systems. The development of intercultural competence of health care workers to resolve this is an urgent task. Within a cultural background and context, care of patients from different cultures can be effectively and appropriately performed. Intercultural competencies of healthcare workers must continuously develop and strive for must be dealt with in vario

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Iakovets, Iryna, Anatolii Stepanyuk, and Valentyna Zverkhovska. "PENITENTIARY MEDICINE IN THE CONTEXT OF NATIONAL HEALTH CARE REFORM IN UKRAINE." Wiadomości Lekarskie 76, no. 5 (2023): 1068–74. http://dx.doi.org/10.36740/wlek202305127.

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The aim: Identify the main issues in the penitentiary medicine functioning in the context of National Health Care Reform in Ukraine and determine the state of realization of the right to health care and medical assistance of convicts and detainees. Materials and methods: This article used a set of general and special methods of scientific cognition. The empirical basis of the research consists of: inter¬national acts and standards in the penitentiary field and health care, statistics of the Ministry of Justice, reports of international organizations, the case law of the European Court of Human

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Senyuta, I. Ya. "Palliative care and human rights: the right to access thereto in terms of reform." INTERNATIONAL JOURNAL REHABILITATION AND PALLIATIVE MEDICINE, no. 1(8) (February 25, 2023): 67–69. http://dx.doi.org/10.15574/ijrpm.2023.8.67.

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The peculiarities of exercising the right to access to palliative care (PC) in the context of medical reform have been revealed. Numerous legislative acts have been analyzed and regulatory dissonance has been revealed, which has a negative impact on the peculiarities of the enjoyment of the rights by palliative patients. Attention has been drawn to the fact that PC is not always free, which follows from the analysis of Part 2 of Art. 35-4 of the Law of Ukraine «Fundamentals of the legislation of Ukraine on health care», and only when referring. The Fundamentals clearly regulate the conditions

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Stefanchuk, M. O. "The content of the human right to health protection." Analytical and Comparative Jurisprudence, no. 1 (March 20, 2024): 144–48. http://dx.doi.org/10.24144/2788-6018.2024.01.24.

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This article reveals the content of the human right to health care. The difference between the concepts of the right to health and the right to health care is studied and the definition of these concepts is provided. The article analyzes the international legal acts that enshrine the right to health and examines the system of national legislation in the field of protection of the right to health care. The legislation of Poland, Portugal, Hungary, Italy, the Czech Republic and Estonia is analyzed and the differences in their legal regulation of this issue are determined. The three k

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Muliar, Halyna. "Securing the right to health care: international legal aspects." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, no. 19 (2020): 103–11. http://dx.doi.org/10.34079/2226-3047-2020-10-19-103-111.

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The article is devoted to the study of international legal aspects of ensuring the constitutional right to protect health in Ukraine in the modern development of the social state and modernization of the legal regulation of public relations. It is argued that the implementation of international legal standards is an important area of reforming the field of medical care and legal support for the provision of medical services, since health care reform requires intensifying the implementation of universal and regional standards in order to create an effective institutional system and an appropria

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Gilbert, Berdine. "Uncertainty and the Welfare Economics of Medical Care: An Austrian Rebuttal-Part 3." Southwest Respiratory and Critical Care Chronicles 5, no. 19 (2017): 25. http://dx.doi.org/10.12746/swrccc.v5i19.388.

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Part 3 concludes the rebuttal to the argument that health care is special and that marketscannot properly distribute health care. Part 1 was a general discussion of the argument madeby Kenneth Arrow. Part 2 focused on the problem of asymmetric information in health care.Part 3 considers the argument that health care is a human right and concludes that it is not.All aspects of health care are composed of scarce resources which cannot be supplied inunlimited quantity upon demand. The belief that health care is a right leads to subsidies whichdistort the price structure in health care. Rising cos

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Sabbah, Mohammad Yasser. "Health Care System Structure in the State of Israel." Journal of Medical Science 88, no. 1 (2019): 39–46. http://dx.doi.org/10.20883/jms.332.

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The health care system in the State of Israel consists of two sectors - the public sector, which includes government-owned hospitals and medical institutes. The public health sector includes the community health system, health funds, family medicine, the general care system and the mental health care system. The second sector is the private sector, which includes private hospitals and medical institutes. Both sectors are supervised by the Israeli Ministry of Health, which is the supreme governmental authority through which it implements its policy in the entire health system in Israel. The law

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Basalaeva, A. "International cooperation and its role in ensuring everyone’s right to health care and medical assistance." Uzhhorod National University Herald. Series: Law 1, no. 82 (2024): 153–56. http://dx.doi.org/10.24144/2307-3322.2024.82.1.22.

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The article states that the right to health care and medical care is a guarantee of the right to life. To the state in accordance with Part 2 of Art. 3 of the Constitution of Ukraine is entrusted with the duty to affirm and ensure human rights and freedoms, including the right of everyone to health care and medical assistance. Such a duty of the state is defined as the main one among its other duties. For its implementation, Ukraine must create an effective mechanism for ensuring the above-mentioned right. The Covid-19 pandemic, Russia’s aggression against Ukraine and, as a result, Russia’s te

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Nikitin, Yurii, Valentyn Zolka, Mykhailo Korol, Yaroslav Kushnir, and Nadiia Demchyk. "Constitutional Right to Health Protection and Medical Care in Ukraine in the Context of the Pandemic COVID-19." Journal of Politics and Law 13, no. 4 (2020): 99. http://dx.doi.org/10.5539/jpl.v13n4p99.

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The content of the right to health protection and medical care according to Ukrainian legislation is analyzed in the article as well as peculiarities of its realisation in the context of the pandemic COVID-19. It examines also the correlation between the notion &ldquo;health protection&rdquo; and &ldquo;medical care&rdquo;. On the basis of this correlation, the conclusion is made that the right to health protection is broader and includes, but is not limited to, the right to medical care. Some international standards in the sphere of health protection, which constitute the basi

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Mihai, Gabriel. "Protection of the rights of the consumer of medical services." Ars Aequi 12 (April 13, 2023): 85–93. http://dx.doi.org/10.47577/10.1234/arsaequi.12.1.210.

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Medical personnel contribute to the observance of fundamental human rights, enshrined in art. 22 of the Romanian Constitution, the right to life and the right to physical and mental integrity. The exercise of such a profession is carried out by providing medical assistance services, based on ethical and legal norms. The ethical norms establish the specific moral foundation for the exercise of this profession, and to the extent that their violation endangers values protected by national and international legislation, the norms are regulated, acquiring legal validity. The main obligations of the

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Redi, Ahmad, and Lia Marliana. "Hospital Responsibilities Toward Patients In The Implementation Of Health Services." International Journal of Engineering Business and Social Science 2, no. 03 (2024): 997–1008. http://dx.doi.org/10.58451/ijebss.v2i03.117.

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Law Number 36 of 2009 concerning Health provides legal protection for the right to health services. Everyone has the right to health, according to Article 4. To prevent medical errors in patient care, hospitals ensure that doctors and other health workers have legal protection. Patients also receive legal protection from hospital liability and from doctors and other health professionals. Every person has the right and legal right to obtain health services, and the public is free to utilize government and/or regional government health resources. The right to receive public health services, espe

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Пирога, І., and D. Byelov. "Institutionalization of human rights to health care in the international legal space." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 602–6. http://dx.doi.org/10.24144/2788-6018.2023.01.105.

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Work analyzes international and national legal documents related to the moral right to health and the obligations of states to ensure it. International health law includes the right to health care as one of its constituent parts. The state's concern for the health of its citizens is not only related to the problem of improving health, but also to other fundamental norms of international human rights law, such as dignity and equality, which require the provision of basic medical care and the fair distribution of all resources Health Care. The conditions for ensuring the highest attainable level

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Bogdan, I. V., K. I. Gabov, A. A. Dreneva, A. V. Pravednikov, D. P. Chistyakova, and T. A. Potyaeva. "Citizens’ rights for health protection and medical care during the initial period of Covid-19 pandemic." Vestnik NSUEM, no. 2 (August 11, 2022): 209–27. http://dx.doi.org/10.34020/2073-6495-2022-2-209-227.

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For a comprehensive study of the topic, several methods were used: analysis of messages in social media, telephone survey and focus group interviews. It was found that almost half of the respondents did not have a clear idea of what the right to health care includes; others envision the right as mostly free, high quality and accessible medical care. Authors identified the need of residents for medical care and assessed the volume of rights violations (January–September 2020). The study described the main behavioral strategies of population when faced with rights violation: avoiding the problem

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Buletsa, S. B., M. V. Menzhul, and A. I. Kalko. "Digitalization of the right to medical assistance: a comparative aspect." Analytical and Comparative Jurisprudence, no. 1 (March 20, 2024): 356–60. http://dx.doi.org/10.24144/2788-6018.2024.01.63.

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The article examines how to reflect the impact of digitalization on obtaining personal rights to medical care in Ukraine and the countries of the European Union. In particular, a really comparative analysis of the implementation of this right in domestic and foreign legislation. The positive impact on the process of digitalization of services in the field of health care is substantiated. The need for further implementation of digitized services in the field of health care to ensure the right to medical care of a person has been proven, providing a historical analysis of the positive impa

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Rosul, N. O. "Legal regulation of pastoral care in health care institutions of the Visegrad Group countries." Uzhhorod National University Herald. Series: Law 4, no. 86 (2025): 52–58. https://doi.org/10.24144/2307-3322.2024.86.1.4.8.

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The article examines the peculiarities of the legal regulation of the institute of medical chaplaincy in the countries of the Visegrad Group. The current state of regulation and functioning of the institute of medical chaplaincy in Hungary, Slovakia, Czech Republic, Poland is analyzed. The constitutional provisions enshrining the right to freedom of conscience and religion are outlined. The similarity of the definition of this fundamental right in the basic laws of the states, which is the basis for the implementation of pastoral care in health care institutions, is established. The author ana

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Vasylieva-Shalamova, Zh. "Differentiation of forms of protection of the right to medical assistance." Uzhhorod National University Herald. Series: Law 1, no. 76 (2023): 141–46. http://dx.doi.org/10.24144/2307-3322.2022.76.1.21.

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The article aims to investigate the issue of the mechanism of protection of civil rights and the differentiation of procedural forms of protection of the right to medical assistance. The article examines the existing doctrinal approaches to the definition of the concept of "protection of civil rights", "means", "forms", "methods of protection of civil rights" arising in the field of providing medical assistance and health care. The work states that the methods of protection of rights are actions provided for by law, which are directly aimed at the protection of rights. They are fin

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Latyntsev, Alexander V. "Accounting the priority of health protection principles in patent legal rela-tions." Current Issues of the State and Law, no. 2 (2023): 287–94. http://dx.doi.org/10.20310/2587-9340-2023-7-2-287-294.

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The correlation aspects of civil rights, in particular, in the field of intellectual property, and the constitutional law to health care and medical care are analyzed. Thus, the constitutionally significant principles that reveal the essence of this constitutional law and contained in the sectoral legislation in the healthcare field, including the need to ensure principle the availability of medicines, are concretized. At the same time, a significant gap in Russian legislation is indicated in lack terms of a clear principle specification of the need to ensure the availability of medical device

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Anggra Yudha Ramadianto and Neni Sri Imaniyati. "Legal Certainty of Patients’ Right to Autonomy Protection in High-Risk Health Services." West Science Law and Human Rights 2, no. 03 (2024): 269–78. http://dx.doi.org/10.58812/wslhr.v2i03.1148.

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The relationship between medical personnel and patients in health services should be viewed as a legal relationship between humans who have equal rights. There are two basic human rights in health services, the right to autonomy and the right to information. The results of the study indicate that the protection of patients' autonomy rights is one of the principles in biomedical ethics used as the moral basis for the provision of health services. The form of protection of patients' autonomy rights in health services is realized through regulations related to Informed Consent in Law Number 17 of

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Teremetskyi, Vladyslav, and Galyna Muljar. "HARMONIZATION OF NATIONAL COURTS’ ACTIVITIES WITH THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE CONTEXT OF PROTECTING THE RIGHTS TO HEALTH CARE." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, no. 20 (2020): 101–12. http://dx.doi.org/10.34079/2226-3047-2020-11-20-101-112.

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The authors of the article have analyzed the peculiarities of human rights protection in the health care sector by national courts; in particular, they have focused on the case-law of the Supreme Court of Ukraine. The authors have indicated legal requirements for taking into account the recognized international and legal requirements of the legislation, as well as the best European experience while considering and resolving disputes. The main grounds for appealing the decisions of national courts to the European Court of Human Rights have been determined. It has been emphasized that the basis

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Obu, Raphael Nyarkotey. "The Gambia and the Right to Traditional, Complementary, and Alternative Health Care: A Legal Commentary." Journal of Complementary and Alternative Medical Research 21, no. 4 (2023): 25–32. http://dx.doi.org/10.9734/jocamr/2023/v21i4445.

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Health rights are important fundamental human rights. But unfortunately missing in the Gambian 1997 Constitution. Besides, the right to health does not only pertain to the mainstream sector but extends to the practice of medical pluralism. In promoting medical pluralism in a country such as the Gambia, rights to health should also extend to access to traditional and alternative remedies. The provision of the attainable highest standard in the profession should be the hallmark of the Nation. Article 24 of the UN Declaration on the Rights of Indigenous Peoples states: Indigenous peoples ha

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Myronova, G. A. "ABSOLUTE HUMAN RIGHTS IN THE FIELD OF HEALTHCARE: LEGAL GROUNDS FOR RESTRICTION." Medicne pravo, no. 2(28) (October 7, 2021): 57–70. http://dx.doi.org/10.25040/medicallaw2021.02.057.

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The article examines the legal nature of absolute human rights in the field of health care. It has been substantiated that certain personal inalienable rights of an adult able-bodied patient are derived from the constitutional absolute human rights. These include the right to consent to medical intervention, the right to refuse medical intervention and the right to receive medical information about himself/herself. Оbjective process of personal autonomy boundaries expanding in the healthcare sector makes the studied issues topical. There is an expansion of legal opportunities for a perso

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Khamitova, G. M. "Some challenges in legal regulation of the minor patients rights and freedoms." Kazan medical journal 96, no. 6 (2015): 1054–57. http://dx.doi.org/10.17750/kmj2015-1054.

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The problem of securing and protecting the citizens rights for the medical care delivery in the existing legislation is one of the most relevant in the modern Russian law. In domestic legislation the right to health and medical care is primarily enshrined in the Constitution of the Russian Federation. For example, the article 41 establishes the right to get free medical care in accordance with the state guarantees program of free medical care delivery to citizens, and to receive paid medical and other services. However, there are some peculiarities and problems of these rights implementation i

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Zborivskyi, Y. A. "The right to transplantation as a personal non-property right." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 134–38. http://dx.doi.org/10.24144/2788-6018.2023.01.22.

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The article examines the concept of personal non-property benefits and their place in civil law, emphasizing the importance of personal non-property rights as absolute rights. In particular, the author analyzes the right to transplantation in the context of the exercise of personal non-property rights, examines its legal, medical and ethical aspects, and highlights the problems associated with its implementation. Attention is drawn to the relationship between the right to transplantation and other human rights, such as the right to life, the right to medical care, and the right to health

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Gurung, Saraj, and Ritika Sapkota. "Awareness Regarding Patient Rights among Hospitalized Patients in a Hospital of Rupandehi." Journal of Universal College of Medical Sciences 7, no. 1 (2019): 51–54. http://dx.doi.org/10.3126/jucms.v7i1.24693.

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INTRODUCTION: Patients' rights is recently introduced term in health sciences literature and practice and has become an important part of modern health care practice. Patients now are much more aware of what they expect from health care professionals, when they enter the health care environment. The aim of the study was to find out the knowledge regarding patient rights among hospitalized patients. MATERIAL AND METHODS: Descriptive study was conducted to find out the knowledge regarding patients' rights among hospitalized patients. Seventy two respondents were selected by using convenien

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Rodrigues, Camila Brito, Erika Barbara Abreu Fonseca Thomaz, Rosângela Fernandes Lucena Batista, et al. "Prenatal care and human rights: Addressing the gap between medical and legal frameworks and the experience of women in Brazil." PLOS ONE 18, no. 2 (2023): e0281581. http://dx.doi.org/10.1371/journal.pone.0281581.

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Access to quality and affordable healthcare is central to the fulfilment of women’s reproductive and sexual health needs and rights. For this reason, the World Health Organization declared access to appropriate healthcare services during pregnancy and childbirth a fundamental women’s right. Prenatal care is a recognized human right to women’s health in Brazil, as declared by the 1988 Constitution and many Brazilian policies. However, implementing the rights to health in Brazil presents a fundamental performance gap between legal rights and their delivery concerning reproductive health. Through

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Silambuselvi, K., and V. Muruguvalavan. "Bariatric Nutrition: Right Amount at Right Time." Indian Journal of Medical and Health Sciences 4, no. 2 (2017): 87–92. http://dx.doi.org/10.21088/ijmhs.2347.9981.4217.7.

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Sometimes Diet and exercise is not much effective for people with extreme and excessive obesity. Bariatric surgery helps such individuals to reduce their weight. Bariatric procedures cause weight loss by restricting the amount of food the stomach can hold, causing malabsorption of nutrients, or by a combination of both gastric restriction and malabsorption. After bariatric surgery eating patterns of patient changes. Initially after surgery the main goal is to meet fluid and protein needs from a liquid protein diet. As the diet progresses to variety of foods which are low in sugar and fat, it w

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Moss, Dana, Zoe Gutzeit, Ranit Mishori, Nadav Davidovitch, and Dani Filc. "Ensuring migrants’ right to health? Case of undocumented children in Israel." BMJ Paediatrics Open 3, no. 1 (2019): e000490. http://dx.doi.org/10.1136/bmjpo-2019-000490.

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After 18 years of providing government-subsidised medical insurance for children of undocumented migrants, the Israeli Ministry of Health (MOH) decided in 2018 to abruptly reverse its policy. Many children will have access to medical care only in cases of emergency. The policy change is set to potentially impact several thousands of children currently living or born in Israel. The non-profit, humanitarian sector is already seeing the impact on undocumented migrant children, with dozens of families reaching out to Physicians for Human Rights Israel to seek help accessing care for their children

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Nazarko, Yuliya, Oleksandr Iliashko, and Natalіa Kaminska. "IMPLEMENTATION OF THE RIGHT TO HEALTH CARE IN THE COUNTRIES OF THE EUROPEAN UNION." Wiadomości Lekarskie 72, no. 7 (2019): 1337–42. http://dx.doi.org/10.36740/wlek201907120.

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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 rig

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