FOREIGN EXPERIENCE OF LEGAL PROTECTION OF THE RIGHT TO HEALTH CARE
Abstract
The article emphasizes that the health sector is one of the leading links in the social sphere of the leading countries of the world, where human life and health are recognized as one of the most important values. Therefore, one of the most important state tasks for the Ukrainian state is to effectively and professionally ensure the proper state of health care for all segments of the population. On this basis, in order to borrow foreign experience in legal support for the implementation of the right to health care in Ukraine, a study of international regulatory legal acts was carried out, which deal with the principles and standards in the field of health care, the human right to pay attention to the important role of the health care system in the leading countries of the world. For this purpose, in particular, the following were analyzed: the Universal Declaration of Human Rights; the Convention for the Protection of Human Rights and Fundamental Freedoms; the International Covenant on Civil and Political Rights of the UN; the International Covenant on Economic and Cultural Rights; the European Convention on Social and Medical Assistance; International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights; European Code of Social Security; European Social Charter. Attention is drawn to the gaps in the regulatory and legal regulation of healthcare in Ukraine. It is established that the leading countries of the world demonstrate the presence of an effective healthcare system, a high level of private and public sector activity of medical clinics is demonstrated by Taiwan and Switzerland. Attention is drawn to the high level of medicine in the treatment of cardiovascular system and oncological diseases in South Korea, as well as medicine in Japan. Attention is focused on free medicine in France for residents and free medicine in public clinics and hospitals in Denmark, as well as accessibility to the public healthcare system in Spain. Australia has achieved significant success in state medical insurance, free treatment in public hospitals for both residents and foreigners. In Norway, free medical care is available to residents and foreigners who live and work for more than a year, while Austria has a large number of medical personnel and medical hospitals.
It is proven that the experience of these and other countries in the legal regulation of health care indicates that Ukraine needs to borrow the experience of the functioning of the health care system of the best countries in the world, which covers a variety of components aimed at ensuring the implementation of the right to protection of citizens.
References
- Terzi O.O. The concept of administrative and legal support for health care in Ukraine: author’s abstract: dis. … doctor of law. Kyiv, 2021. 42 p.
- Mulyar G.V. Administrative and legal support for the implementation of the right to health care: dis. … doctor of law. Kyiv, 2021. 565 p.
- Rumyantsev O.P. Administrative and legal regulation of transplantation in Ukraine: dis. … candidate of law. Kyiv, 2021. 251 p.
- Kolodchyna R.V. Administrative and legal regulation of the provision of psychiatric care in Ukraine: dis. … candidate of law. Kyiv, 2023. 241 p.
- On the ratification of the European Social Charter (revised): Law of Ukraine dated from September 14, 2006 No. 137-V. URL: https://zakon. rada.gov.ua/laws/ show/137-16#Text
- Mulyar G.V. Administrative and legal support for the implementation of the right to health care: monograph. Kyiv, 2020. 428 p.
- Financing British health care. The Economist. 2005. August, 18. URL: http:// www.economist.com.
- Zorgverzekeringswetn. 2005. June, 16. URL: http:// wetten.overheid.nl/ BWR0018450/2021-01-01
- Das Wichtigste in Kurze Bundesamt fur Gesundheit BAG. Krankenversicherung. URL: https://www.bag.admin.ch/bag/de/home/versicherungen/ krankenversicherung/krankenversicherung-daswichtigstein-kuerze.html
- Yasnopolska V. Who is in the top ten: a rating of countries with the best medicine in the world has been compiled. Facts. September 23, 2022. URL: https://health. fakty.com.ua/ua/novyny/hto-v-pershij-desyatczi-skladeno-rejtyng-krayin-z-najkrashhoyu-medyczynoyu-v-sviti/
- Krushelnytska G. Peculiarities of legal regulation of biomedical technologies in the countries of Northern Europe. Legal Bulletin. 2022. No. 5. Pp. 206-218. DOI https://doi.org/10.32782/yuv.v5.2022.22
- Joined cases C- 92/09 and C-93/09 Volker and Markus Schecke Gbr (C- 92/09) Harmut Eifert (C-93/09) v/ Land Hassen. URL:http:// curia. europa.eu/juris/ document/
- Declaration of Helsinki of the World Medical Association «Ethical Principles of Medical Research Involving Human Subjects» dated from June, 1, 1964. URL:https://zakon.rada.gov.ua/laws/show/ 990_005#Text