Legal regulation of the exercise and protection of the child’s right to medical care in Ukraine

Abstract

The purpose of the article is to determine the peculiarities of the legal regulation of the implementation and protection of the child’s right to medical care in Ukraine. In order to recognize a child as a subject of legal relations for the provision of medical care, it is important to distinguish between the legal status of minors and minors in the legislation of Ukraine.
 The following conclusions were made: 1) the consent of the minor child’s legal representative is required to exercise the right of a minor child to medical assistance; 2) a minor child can independently exercise his right to medical assistance (gives consent to medical assistance, chooses a doctor and methods of treatment in accordance with his recommendations); 3) the consent of both parents and the child is required to provide certain types of medical care to a minor child; 4) in urgent cases, in the presence of a real threat to the life of an individual, medical assistance is provided without the consent of the child or his parents (adoptive parents), guardian, custodian; 5) the law establishes a list of prohibitions regarding the participation of children (both minors and minors) in legal relations for the provision of medical assistance to children; 6) regardless of age, a child does not have the right to refuse treatment; 7) the peculiarities of the legal status of a minor child- patient may also depend on other parameters: on the types of activities minors are engaged in (for example, child athletes), their state of health (disabled children, drug addicts), social status, etc.
 Refusal of legal representatives from medical intervention for a child, which is necessary to save its life, is proposed to be considered as passive euthanasia, which is prohibited in Ukraine.
 The Convention on the Rights of the Child enshrines the obligation of member states to ensure that a child who is capable of formulating his or her own views has the right to freely express those views on all matters affecting the child.
 This requirement of the Convention gives children the opportunity to freely express their views and to demand that they be taken into account in accordance with their age and level of maturity. It was concluded that the legal regulation of the child’s right to medical care in Ukraine does not meet the requirements of the Convention on the Rights of the Child, and Ukraine is a party to this Convention.