Abstract

The article analyzes the constitutional right enshrined in the Fundamental law of the Belarusian state, its Constitution, - the right to health protection. The purpose of the research is to analyze the relevant legal regulations and the problems associated with implementing the right to health protection in the modern Belarus. The paper will examine the constitutional basis of the right to health protection in Belarus, its essence and nature, normative legal acts regulating the analyzed right, problems and prospects of its implementation in light of the current conditions of the Belarusian state. The author considers the constitutional legal principles and constitutional legal norms as the basis of the right to health protection and reveals the essence of the analyzed right. The conclusion substantiates the idea that detailed regulation of the right to health protection is carried out at the level of normative legal acts of the Republic of Belarus adopted by various state bodies. The state of realization of the right to health protection is determined by socio-economic, political and other factors. Identifying a number of problems related to ensuring the right to health protection, the researcher analyzes the prospects for its further development in the Republic of Belarus.

Highlights

  • In the legal science of the post-soviet states, the constitutional right to health protection was considered from both theoretical and practical perspectives

  • The right to health protection is one of the subjective rights that is not recognized by all countries, and is not established in their most important legal acts, usually their constitutions

  • The most well – known way to meet your needs at a decent level is to ensure the right to work, the right to rest, the right to housing and the right to education, the right to health and social security" (Shupitskaya, 2018: 33-41). These studies demonstrate that Belarus has established and operates a sufficiently developed system of normative legal acts regulating the right to health protection

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Summary

Introduction

In the legal science of the post-soviet states, the constitutional right to health protection was considered from both theoretical and practical perspectives. The right to health protection is one of the subjective rights that is not recognized by all countries, and is not established in their most important legal acts, usually their constitutions. Instead, it is regulated at the international level by various legal documents and is implemented in practice through the activities of international legal jurisdictional institutions. The Court interpreted the ECHR in a way that the Contracting States should provide the right to health care to the applicant. The specifics, have to be stipulated through normative legal acts included in the system of legislation of the Republic of Belarus

Shupitskaya
Conclusions

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