The constitutional right to health care: the content, legal mechanisms to ensure in the paradigm of modern realities
https://doi.org/10.29235/2524-2369-2023-68-2-149-159
Abstract
This article deals with the actual facets of the constitutional right to health care in view of the provisions of the updated Constitution of the Republic of Belarus. It tracks the main approaches revealing the normative content of the right in question based on the constitutional principles and rules, the constitutional case-law of the Republic of Belarus. The author comes from the historical aspect of the constitutional and legal grounds of the right to health care in Belarus and also applies the foreign practice of its constitutional context. In analyzing the legal essence of this right the author calls for the constitutional and legal mechanisms to ensure it to be improved. Some conclusions and considerations are backed up by the legal positions of the Constitutional Court of the Republic of Belarus and the foreign constitutional practice.
About the Author
A. N. BodakBelarus
Alla N. Bodak – Ph. D. (Law), Associate Professor.
Judge of the Constitutional Court of the Republic of Belarus
4 Krasnoarmeyskaya Str., Minsk 220016
References
1. Kolotova N. V. Socialization of constitutions: comparative legal analysis. Obrazovanie i pravo [Education and law], 2019, no. 3, pp. 47–53 (in Russian).
2. Djuzhikov S. A. International legal standards in the area of human health care and their implementation in constitutions of modern states. Scientific notes: a collection of scientific papers of the Faculty of Law of the Russian State University. 2002, no. 4. Rostov on Don, Prof-Press Publ., pp. 544 (in Russian).
3. Paschenko I. Yu. Right to health and medical care in system of social rights of human and citizen. Nauka. Mysl’ [A Science. Thought], 2016, no. 10, pp. 151–157 (in Russian).
4. Timofeev I. V. To the question of content of the right for health promotion and medical care: constitutional and legal aspect. Available at: https://remedium.ru/doctor/dermatology/specproekt-esteticheskaya-meditsina-2023/&erid=Pb3XmBtzst FuqLDNSDvHFU3EGqNRZK6EEbWdSFr (accessed 27.02.2023) (in Russian).
5. Shishkov S. N. Caring for one’s own health as legal duty. Gosudarstvo i parvo [State and Law], 2020, no. 10, pp. 81–89 (in Russian).
6. Future of digital health systems: report on the WHO symposium on the future of digital health systems in the European region. Copenhagen, Denmark, 6–8 February 2019. Available at: https://apps.who.int/iris/bitstream/handle/10665/330370/ 9789289059985-rus.pdf?sequence=1&isAllowed=y (accessed 25.02.2023) (in Russian).
7. Miklashevich P. P. Updated Constitution of the Republic of Belarus: substantive content of the amendments. Vestnik Konstitutsionnogo Suda Respubliki Belarus [Bulletin of the Constitutional Court of the Republic of Belarus], 2022, no. 2, pp. 5–34 (in Russian).