Ustavno pravo na zdravlje u Mađarskoj

Máté Julesz

doi:10.5937/zrpfns52-15953

Abstract

Ustavno pravo na zdravlje u Mađarskoj

Highlights

The Preamble to the Constitution of the World Health Organization (1946) declares as follows: ‘The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition.’ According to Article 5(e) (IV) of the International Convention on the Elimination of All Forms of Racial Discrimination (1965), under the auspices of the UN, ‘States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of, inter alia, the right to public health, medical care, social security and social services.’ Negative di scrimination against patients in the healthcare system is a current problem in developing countries, but also in developed ones with a democratic rule of law
According to Article 11(1)(f) of the UN Convention on the Elimination of All Forms of Dis crimination against Women (1979), ‘States Parties shall ensure, on a basis of equality of men and women, the same rights, in particular, inter alia, the right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.’. This topic seems to be a historical one in the European Union and in North America, though the hiatus of it is an extant source of social injustice in many developing countries and it erodes the human right to healthy working conditions, even if, in theory, this right is dome stically constitutionalized
The role of environmental protection is also stressed in Article XXI, which pos tulates everyone’s right to a healthy environment

Summary

Introduction

The Preamble to the Constitution of the World Health Organization (1946) declares as follows: ‘The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition.’ According to Article 5(e) (IV) of the International Convention on the Elimination of All Forms of Racial Discrimination (1965), under the auspices of the UN, ‘States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of, inter alia, the right to public health, medical care, social security and social services.’ Negative di scrimination against patients in the healthcare system is a current problem in developing countries, but also in developed ones with a democratic rule of law.

Results

Conclusion