Protection of Citizens’ Health as the Main Element of Ensuring the Right to Life and Specifics of its Implementation in Emergencies

Abstract

The paper is devoted to the study of individual legal problems related to implementation of the right to health protection and the peculiarities of its implementation in emergency situations. The author defines the constitutional consolidation of the mechanism of implementation of the right under consideration and some elements of sectoral implementation. The paper explains problematic theoretical, legal and organizational aspects. The author’s standing concerning the right to health protection is argued as the main element of ensuring the right to life — a complex, universal subjective constitutional right. The author proposes the powers of the right to life in a broader sense that form the basis for expanding the perception of the right to life from the private to the public. Human health legitimization is proposed as the basis for sustainable, unhindered human development and social well-being. Using the historical method of research, based on the achievements of the «School of Russian Constitutionalism», the conclusion is made about the specifics of implementation of the right to health protection and its protection in emergencies; attention is focused on the inadmissibility of ignoring individual human needs in the field of health protection in emergency situations.