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INTEGRATIVE APPROACH TO THE DEFINITION OF THE PLACE AND ROLE OF THE CONSTITUTIONAL RIGHT TO HEALTH CARE IN THE SYSTEM OF RIGHTS AND FREEDOMS OF MAN AND CITIZEN IN THE RUSSIAN FEDERATION.
- Source :
-
International Multidisciplinary Scientific Conference on Social Sciences & Arts SGEM . 2016, p653-660. 8p. - Publication Year :
- 2016
-
Abstract
- The purpose of the study is to analyze the constitutional right to health with other rights and freedoms based on an integrative approach in order to understand their relationship and interaction. The methods of the study were systemic, functional, logical method, the method of analysis. Results of the study provide a better understanding of the foundations of the system of fundamental rights and freedoms of man and citizen, the elucidation of key importance in the mechanism of realization of many of their constitutional right to health protection, which allows the Russian legislator to consider this fact when building its regulatory system software. This author's statement is due by obtained result of them study, which are include the following: 1. The fundamental rights and freedoms of man and citizen form a system, which is a set of legal norms securing these rights and freedoms, which are interconnected in certain functional and hierarchical relations and communications, and which form a certain integrity;2. The nature of the relationships between different groups of rights which was analyzed by the example of the right to health doesn't allow to contrast socio-economic rights of personal and political rights; 3. The constitutional right to health care combining features of both socio-economic and personal rights, is largely the integrating beginning for the whole system of constitutional rights and freedoms of man and citizen;4. The key of the constitutional right to health in the mechanism of realization of many other rights and freedoms determined by the importance of the phenomenon of health as a social good, largely determines the actual possibility of their implementation. Hence, the implementation of the right to health as one of the most important public policy objectives must act as one of the foundations of the constitutional system. Consideration of the place of the constitutional right to health protection in the system of rights and freedoms of man and citizen should imply consideration of the relationship of this right to other rights and freedoms, namely in terms of their relationship and interaction within the framework of a clear understanding of the systems of these rights. Therefore, the most appropriate approach to human rights - integrative. As part of this approach is reasonable to speak of the "interpenetration" of the right to health and other constitutional rights, whose essence is that certain powers, in general, make up the content of the right to health, present in the amount of other human rights, and vice versa. This circumstance caused by the total dependence of many constitutional rights by implementation of the right to health, which is manifested in the first place, that the state of health in many cases, is a factor in determining a real opportunity to use the majority of personal, political and socio-economic rights. [ABSTRACT FROM AUTHOR]
- Subjects :
- *CIVIL rights
*LIBERTY
*MEDICAL care
*INTERPENETRATION (Sociology)
*HUMAN rights
Subjects
Details
- Language :
- English
- ISSN :
- 23675659
- Database :
- Academic Search Index
- Journal :
- International Multidisciplinary Scientific Conference on Social Sciences & Arts SGEM
- Publication Type :
- Conference
- Accession number :
- 128318319