Constitutional Right to Health Protection and Medical Care in Ukraine in the Context of the Pandemic COVID-19

Yurii Nikitin,Mykhailo Korol,Yaroslav Kushnir,Valentyn Zolka,Nadiia Demchyk

doi:10.5539/jpl.v13n4p99

Abstract

The content of the right to health protection and medical care according to Ukrainian legislation is analyzed in the article as well as peculiarities of its realisation in the context of the pandemic COVID-19. It examines also the correlation between the notion &ldquo;health protection&rdquo; and &ldquo;medical care&rdquo;. On the basis of this correlation, the conclusion is made that the right to health protection is broader and includes, but is not limited to, the right to medical care. Some international standards in the sphere of health protection, which constitute the basis of Ukrainian legislation in this area, are analyzed.  The conclusion is made that Ukraine should take into account such standards while limiting human rights, in particular, the right to health protection and medical care in the context of the pandemic COVID-19. It is mentioned that the significant problem remains the legal regulation of quality control of medical care, the creation of organizational technologies with a clear division of control functions between the various actors in the health care system, which is extremely important in terms of the pandemic.   The attention is also paid to the personal data protection issue in the sphere of health care. The conclusion is drawn that there should be mechanisms for reporting and protecting against abuse while collecting personal data, and people should be able to challenge any COVID-19-related measures for the collection, aggregation, storage and further use of their data.

Highlights

In Ukraine, the consequences of declaring a pandemic of the coronavirus COVID-19 became noticeable after March 11, 2020, when the authorities began to actively implement quarantine measures aimed at the maximum possible isolation of everyone
The human right to health and medical care is a social right, the loss of which diminishes the value of many other goods and values
From the numerous rights provided by the Constitution of Ukraine, we can single out the human right to health care as a right that guarantees its physical existence and is a condition for ensuring the exercise of all other human rights

Summary

Introduction

In Ukraine, the consequences of declaring a pandemic of the coronavirus COVID-19 became noticeable after March 11, 2020, when the authorities began to actively implement quarantine measures aimed at the maximum possible isolation of everyone (under “quarantine” here we understand “an enforced isolation or restriction of free movement imposed upon a vehicle, person, or material suspected of carrying a contagious disease for a certain period of time to prevent the spread of contagious disease”1).in accordance with the Resolution of the Cabinet of Ministers of Ukraine of March 11, 2020 “On Prevention of the Spread of Acute Respiratory Disease Covid-19 Caused by the Coronavirus SARS-CoV-2 on the Territory of Ukraine” 2 it was decided to establish quarantine throughout Ukraine. The conclusion is made that Ukraine should take into account such standards while limiting human rights, in particular, the right to health protection and medical care in the context of the pandemic COVID-19.

Results

Conclusion