Open AccessFEATURES OF LEGAL REGULATION OF THE RIGHT TO HEALTH IN INTERNATIONAL AND NATIONAL LEGAL INSTRUMENTS
Author(s) -
Анна Дмитриевна Попова,
Анна Дмитриевна Попова
Publication year - 2017
Publication title -
žurnal zarubežnogo zakonodatelʹstva i sravnitelʹnogo pravovedeniâ
Language(s) - English
Resource type - Journals
eISSN - 2587-9995
pISSN - 1991-3222
DOI - 10.12737/24312
Subject(s) - right to health , legislation , international health , health promotion , political science , state (computer science) , health care , public health , value (mathematics) , population , public relations , law , medicine , environmental health , nursing , algorithm , machine learning , computer science
Health is the main value for any person so its defense appears to be the main task of a modern legal and social state. However international and regional instruments that contain the concept of health fasten different wordings, namely: “health”, “health of the nation”, “public health” which having different meaning. Moreover, legal acts and scientific literature include similar in sound but not in the legal sense constructions such as “protection of health”, “health”, “ensuring the basic preconditions for health” which trouble determination of the content of the right to health. The author on the basis of a comparative legal analysis of legal regulation of the legal categories of “right to health”, as contained in international instruments and Russian legislation, concludes that the realization of the right to health is connected with various activities aimed at ensuring individual and community health. Among these events, the world health organization includes assistance to mothers and children, prevention and control of endemic diseases, major infectious diseases; professional health care is based on the use of high technologies and promotion of healthy lifestyle, creation of healthy environment adequate to the modern realities of working conditions, improved nutrition and sanitary conditions, accommodation for vulnerable in social terms, individuals located on the territory of the state. The author advocates the position that the right to health at the same time is interpreted as a collective right (the addressee of a package of measures for the protection of health is not the individual citizen, and the population of the state) and as an individual right, to which corresponds the duty of the state to take measures to ensure against its citizens and persons within its territory.