Human right to health protection: features of legal regulation in individual EU states

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Zdrenyk I. "Human right to health protection: features of legal regulation in individual EU states."

Lviv state university of internal affairs

The article provides a comprehensive analysis of the general theoretical and constitutional-legal foundations of the regulation of the human right to health care in the states of the European Union, in particular, the specifics of its implementation are determined with the aim of possible implementation into the national legislation of Ukraine. It was found that international legal acts, which were developed and adopted within the EU and the Council of Europe, play a special role for the EU states in the field of health care. At the same time, each state determines the conditions for the realization of the right to health care, since it is entrusted with the obligation to control and protect this right.

The following features have been clarified: firstly, in democratic states, the right to health care is mostly recognized at the constitutional level, but it has different wording and character. The constitutional and legal consolidation of the right to health care is an additional guarantee of its provision at the state level, which is also confirmed by the norms of the founding treaties of the European Union (primarily, the Treaty of Lisbon and others).

Secondly, in most constitutions, there is an undefined problem of health care financing, in fact, the state power entrusts the financial provision of this right to the person himself.

Thirdly, almost all constitutions emphasize the importance of public health, state guarantees, and free medical insurance for a limited group of people - vulnerable sections of the population.

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