Abstract
With the purpose of revealing the peculiarities of legal consolidation of the fundamental human right in the field of health in the Russian Federation, the article considers various options for its legislative consolidation, which take place in the practice of international and national lawmaking. Particular attention is paid to the analysis of terms by which the basic human right in the field of health receives its normative expression.
The analysis of the most important acts of international and national law, including the constitutional legislation of the Russian Federation, allowed the authors to conclude that the term by which the basic human right in the field of health is fixed in Russia - the right to health protection, does not correspond to the leading international legal health-related provisions, and does not reflect the actual, up-to-date content of this right. At the same time, from the point of view of legal techniques, the Russian version of the legislative consolidation of the basic human right in the field of health, according to the authors, has a number of advantages in comparison with the option of securing this right common in international law and the law of the European Union countries.
Unlike the right to “medical care”, “the right to health care that is necessary to maintain health,” the term “right to health” has a broader content that includes, in addition to medical care, a range of other medical and non-medical measures that create additional legal guarantees for the realization of this right. The strengthening of the basic human right in the field of health by means of the term “the right to health” in Russia has advantages over the term “the right to health”, widely used in international practice, since the term of Russian legislation is more specific and provides for a specific list of political, economic and medical measures, which are the responsibility of the state. Failure to comply with this obligation by the state allows Russian citizens to seek legal protection for their rights. At the same time, the “right to health” cannot be a right secured by judicial protection, since it is obvious that perfect health cannot be guaranteed to everyone.
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Vorontsova, E.V., Vorontsov, A.L. (2020). Features of Legal Securing Fundamental Human Rights in the Field of Health in the Russian Federation. In: Solovev, D. (eds) Smart Technologies and Innovations in Design for Control of Technological Processes and Objects: Economy and Production. FarEastСon 2018. Smart Innovation, Systems and Technologies, vol 138. Springer, Cham. https://doi.org/10.1007/978-3-030-15577-3_52
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