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  1. Article: VACCINATION IN THE SYSTEM OF HUMAN RIGHTS AND OBLIGATIONS: IMPACT OF THE COVID-19 PANDEMIC.

    Horodovenko, Viktor V / Udovyka, Larysa G / Shekhovtsova, Tatiana О

    Wiadomosci lekarskie (Warsaw, Poland : 1960)

    2022  Volume 74, Issue 11 cz 2, Page(s) 2983–2991

    Abstract: Objective: The aim: To identify the problems and prospects of introducing mandatory vaccination against COVID-19 in the context of respect for human and civil rights and freedoms based on generalization and systematization of foreign experience in ... ...

    Abstract Objective: The aim: To identify the problems and prospects of introducing mandatory vaccination against COVID-19 in the context of respect for human and civil rights and freedoms based on generalization and systematization of foreign experience in implementing such measures.
    Patients and methods: Materials and methods: In the research, we applied a complex of philosophical and ideological approaches, general scientific and special methods of scientific cognition, in particular civilizational and axiological approaches as well as dialectical, dogmatic, comparative, and statistical methods. The empirical basis of the study is represented by the statistical data of the healthcare sector of European countries, generalization of the practice of vaccination. In the study, we use international and European regulatory legal acts and documents in the field of human rights, national legislation of foreign countries.
    Conclusion: Conclusions: Vaccination represents an important component of the fundamental right to health. International legal acts on the human rights regulation, in particular the right to health, do not provide an unambiguous answer to the question of whether vaccination is the right or responsibility of a person, which has resulted in the existence of a wide range of vaccination policies and models. The existence of a wide range of policies and practices in States Parties to the Convention makes permissible the application of more imperative approaches to immunization, in particular, in cases where voluntary vaccination is not sufficient to ensure the threshold of herd immunity. In most countries, vaccination against COVID-19 is carried out voluntarily, whereas the complication of the epidemiological situation has resulted in following the path of introducing mandatory vaccination in some countries, both with regard to certain population categories (France, Greece, Russia, Ukraine) and the entire population (Tajikistan, Turkmenistan).
    MeSH term(s) COVID-19 ; Human Rights ; Humans ; Pandemics ; SARS-CoV-2 ; Ukraine ; Vaccination
    Language English
    Publishing date 2022-01-14
    Publishing country Poland
    Document type Journal Article
    ZDB-ID 414731-5
    ISSN 0043-5147 ; 1895-0485 ; 0860-8865
    ISSN 0043-5147 ; 1895-0485 ; 0860-8865
    Database MEDical Literature Analysis and Retrieval System OnLINE

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    In stock of ZB MED Cologne/Königswinter

    Zs.A 646: Show issues Location:
    Je nach Verfügbarkeit (siehe Angabe bei Bestand)
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    ab Jg. 2022: Lesesaal (EG)

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  2. Article: ENSURING RESPECT FOR HUMAN RIGHTS AND FREEDOMS IN THE CONTEXT OF STATES' MEASURES INTRODUCTION TO COMBAT THE COVID-19 PANDEMIC: EUROPEAN EXPERIENCE.

    Horodovenko, Viktor V / Udovyka, Larysa G / Dichko, Hanna O

    Wiadomosci lekarskie (Warsaw, Poland : 1960)

    2021  Volume 73, Issue 12 cz 2, Page(s) 2773–2779

    Abstract: Objective: The aim: To suggest the ways and means for ensuring respect for human rights and freedoms in the context of introduction of states' measures to combat the COVID-19 pandemic based on the generalization of European experience and ... ...

    Abstract Objective: The aim: To suggest the ways and means for ensuring respect for human rights and freedoms in the context of introduction of states' measures to combat the COVID-19 pandemic based on the generalization of European experience and systematization of recommendations of international and European institutions.
    Patients and methods: Materials and methods: In thise research we applied a complex of philosophical and ideological approaches, general scientific and special methods of scientific cognition, in particular civilizational and axiological approaches as well as dialectical, comparative legal and statistical methods. The empirical basis of the study is represented by the statistical data of the healthcare sector of European countries, generalization of the practice of countering the pandemic spread. In this study we used international and European regulatory legal acts and documents in the field of human rights, national legislations of foreign countries.
    Conclusion: Conclusions: Derogation from the provisions of the European Convention on Human Rights in the context of introduction of measures to combat the СOVID-19 pandemic is a common problem for European countries, which requires emergency measures introduction by the governments of these countries; the measures introduced should be legal, necessary, non-discriminatory, with a certain specific focus and duration; ensuring respect for human rights and freedoms requires deliberate, timely and effective legal, organizational forms and methods of states' activities and international cooperation.
    MeSH term(s) COVID-19 ; Europe/epidemiology ; Freedom ; Human Rights ; Humans ; Pandemics/prevention & control ; SARS-CoV-2
    Language English
    Publishing date 2021-02-21
    Publishing country Poland
    Document type Journal Article
    ZDB-ID 414731-5
    ISSN 0043-5147 ; 1895-0485 ; 0860-8865
    ISSN 0043-5147 ; 1895-0485 ; 0860-8865
    Database MEDical Literature Analysis and Retrieval System OnLINE

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    In stock of ZB MED Cologne/Königswinter

    Zs.A 646: Show issues Location:
    Je nach Verfügbarkeit (siehe Angabe bei Bestand)
    bis Jg. 1994: Bestellungen von Artikeln über das Online-Bestellformular
    Jg. 1995 - 2021: Lesesall (1.OG)
    ab Jg. 2022: Lesesaal (EG)

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  3. Article: Legal mechanisms of patient's rights protection.

    Yanovska, Oleksandra H / Horodovenko, Viktor V / Bitsai, Anna V

    Wiadomosci lekarskie (Warsaw, Poland : 1960)

    2020  Volume 72, Issue 12 cz 2, Page(s) 2399–2403

    Abstract: Objective: Introduction: Human life and health are considered to be of the highest social value, with particular emphasis on health care. However, the patient's rights are pretty often violated by medical professionals. According to statistics, a ... ...

    Abstract Objective: Introduction: Human life and health are considered to be of the highest social value, with particular emphasis on health care. However, the patient's rights are pretty often violated by medical professionals. According to statistics, a medical error is recognized as one of the most common causes of patient's rights violations in Europe and the United States. That's why the research of jurisdictional mechanisms of patients' rights protection in the context of medical error, seems particularly relevant. The aim: To propose the effective jurisdictional mechanisms of the patients' rights affected by medical error protection and to summarize scientific approaches for understanding the essence of medical error.
    Patients and methods: Materials and methods: The research used a set of general scientific and special methods of scientific cognition, in particular, dialectical; comparative legal; analysis and synthesis; formal-logical (dogmatic); statistical and generalization. The empirical base of the study is the statistics of the Prosecutor General's Office of Ukraine and the State Judicial Administration of Ukraine within 2014-2018, generalization of the practice of the Constitutional Court of Ukraine, as well as statistics in the field of protection of patients' rights of some countries of Europe, USA and Japan, as well as the authors' own experience who serve as a judge and a judge assistant of the Supreme Court, a judge of the Constitutional Court of Ukraine.
    Results: Results: It is argued that the most effective jurisdictional mechanisms for protecting the patients' rights affected by a medical error include: criminal, civil and constitutional ones. Summarizing national and foreign positions of scholars and practitioners, four main approaches to the interpretation of the "medical error" concept are highlighted.
    Conclusion: Conclusions: In order to protect the patients' rights adequately, including those affected by a medical error, the state must guarantee the right of access to jurisdictional protection mechanisms, as well as establish a system of non-jurisdictional mechanisms for the protection of health rights.
    MeSH term(s) Europe ; Health Services Accessibility ; Human Rights ; Humans ; Patient Rights ; Ukraine
    Language English
    Publishing date 2020-03-03
    Publishing country Poland
    Document type Journal Article
    ZDB-ID 414731-5
    ISSN 0043-5147 ; 1895-0485 ; 0860-8865
    ISSN 0043-5147 ; 1895-0485 ; 0860-8865
    Database MEDical Literature Analysis and Retrieval System OnLINE

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    Kategorien

    In stock of ZB MED Cologne/Königswinter

    Zs.A 646: Show issues Location:
    Je nach Verfügbarkeit (siehe Angabe bei Bestand)
    bis Jg. 1994: Bestellungen von Artikeln über das Online-Bestellformular
    Jg. 1995 - 2021: Lesesall (1.OG)
    ab Jg. 2022: Lesesaal (EG)

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  4. Article: International legal instruments in the field of bioethics and their impact on protection of human rights.

    Horodovenko, Viktor V / Pashkov, Vitalii M / Udovyka, Larysa G

    Wiadomosci lekarskie (Warsaw, Poland : 1960)

    2020  Volume 73, Issue 7, Page(s) 1554–1560

    Abstract: Objective: Introduction: A rapid development of biomedicine, genetics, pharmacology, transplantation and biotechnology has posed a number of problems to humanity, in particular, with regard to human rights protection in healthcare. These problems ... ...

    Abstract Objective: Introduction: A rapid development of biomedicine, genetics, pharmacology, transplantation and biotechnology has posed a number of problems to humanity, in particular, with regard to human rights protection in healthcare. These problems solution requires considering the achievements and propositions of biology, medicine, ethics and law. International legal standards in the field of bioethics are of significance in development of national states regulations on bioethics and biotic legislation. Aim: To investigate the impact of international legal instruments in the field of bioethics on protection of human rights.
    Patients and methods: Materials and methods: In the research the international legal instruments and documents in the field of healthcare and bioethics were used. Civilizational, axiological, dialectical, systemic and comparative legal methods as well as systematization, analysis and synthesis were decisive in the research process.
    Conclusion: Conclusions: Legal instruments in the field of biomedical technologies (directives and regulations) are mainly advisory by nature. In many cases, the problems arising in biotechnology are resolved through establishment and involvement of national supervision bodies: councils (commissions, committees) in bioethics as well as courts. An important role in protection of human rights in the field of biotechnology is played by the ECHR the decisions of which are dynamic, based on the Convention and consideration of national legislations. At the same time, a number of problems remain unresolved because of constant development of biomedical technologies, necessity to take into account the latest achievements and discoveries as well as all types and methods of applying of genetic engineering to humans. In general, insufficient attention is paid to the problems of medical biotechnologies application both at the international and national levels.
    MeSH term(s) Bioethics ; Delivery of Health Care ; Human Rights ; Humans
    Language English
    Publishing date 2020-08-05
    Publishing country Poland
    Document type Journal Article
    ZDB-ID 414731-5
    ISSN 0043-5147 ; 1895-0485 ; 0860-8865
    ISSN 0043-5147 ; 1895-0485 ; 0860-8865
    Database MEDical Literature Analysis and Retrieval System OnLINE

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    Kategorien

    In stock of ZB MED Cologne/Königswinter

    Zs.A 646: Show issues Location:
    Je nach Verfügbarkeit (siehe Angabe bei Bestand)
    bis Jg. 1994: Bestellungen von Artikeln über das Online-Bestellformular
    Jg. 1995 - 2021: Lesesall (1.OG)
    ab Jg. 2022: Lesesaal (EG)

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  5. Article: Protection of patients' rights in the european court of human rights.

    Horodovenko, Viktor V / Pashkov, Vitalii M / Udovyka, Larysa G

    Wiadomosci lekarskie (Warsaw, Poland : 1960)

    2018  Volume 71, Issue 6, Page(s) 1200–1206

    Abstract: Objective: Introduction: Currently, there is little attention paid to studying the characteristic features of the protection of patients' rights in the European Court of Human Rights, which is the fact determining the relevance of the scientific ... ...

    Abstract Objective: Introduction: Currently, there is little attention paid to studying the characteristic features of the protection of patients' rights in the European Court of Human Rights, which is the fact determining the relevance of the scientific research in this area. The aim: To define the basic rights of patients and summarize the practice of the European Court of Human Rights with regard to protection of patients' rights in order to formulate proposals as to the ways of the current legislation improvement.
    Patients and methods: Materials and methods: In the research, the practice of the European Court of Human Rights, international standards of justice, scientific publications of leading experts in the field of medical law, current and prospective Ukrainian and international laws were used. The research is based on the organic combination of philosophic approaches, general scientific and special legal research methods.
    Results: Review: The standards and mechanisms of ensuring the rights of patients were singled out from a whole number of international legal acts. In the Ukrainian legislation, the list of patients' rights corresponds to the main provisions of the Declaration of Lisbon on the Rights of the Patient and other international legal acts. The protection of patients' rights in different countries varies based on differences in the laws, organization of the healthcare service as well as economic, social, cultural, religious and moral values. Simultaneously, there are common features in the legal protection of patients' rights, in particular appealing to the ECHR. While considering the cases involving protection of patients' rights based on the Articles of the Convention, the Court has developed a number of positive obligations of the state and minimum guarantees, which should be enshrined in national legislations to protect the rights of patients.
    Conclusion: Conclusions: The absence in the national legislation of clearly defined concepts of medical law limits the potential of legal protection of the rights of patients and necessitates the development and adoption of a single legal act to efficiently regulate the rights and obligations of the physician and the patient, provide classification of healthcare services, procedures and conditions of the services provision, quality criteria, etc. The prospective Medical Code of Ukraine shall become such a normative legal act, since the need for its development provides prospects for further research in this area. The ECHR practice affects national legal practices, primarily in the information, social and educational aspects, contributes to development and adoption of new concepts, court legal culture and a new reference system to comply with the Convention and Court practices.
    MeSH term(s) Europe ; Human Rights ; Humans ; International Law ; Patient Rights ; Ukraine
    Language English
    Publishing date 2018-09-28
    Publishing country Poland
    Document type Journal Article
    ZDB-ID 414731-5
    ISSN 0043-5147 ; 1895-0485 ; 0860-8865
    ISSN 0043-5147 ; 1895-0485 ; 0860-8865
    Database MEDical Literature Analysis and Retrieval System OnLINE

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    Kategorien

    In stock of ZB MED Cologne/Königswinter

    Zs.A 646: Show issues Location:
    Je nach Verfügbarkeit (siehe Angabe bei Bestand)
    bis Jg. 1994: Bestellungen von Artikeln über das Online-Bestellformular
    Jg. 1995 - 2021: Lesesall (1.OG)
    ab Jg. 2022: Lesesaal (EG)

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