Litovkina M.I. —
Positions on health in constitutional acts of the ASEAN member-states: comparative legal assessment
// Law and Politics. – 2017. – ¹ 3.
– P. 103 - 115.
DOI: 10.7256/2454-0706.2017.3.21926
URL: https://en.e-notabene.ru/lpmag/article_21926.html
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Abstract: The object of this article is the process of constitutionalization of the positions of health in the countries of the Association of Southeast Asian Nations (ASEAN), the comparative analysis of which is provided with consideration of its evolutionary character, in tight interconnection with the development of healthcare systems, as well as the level of funding of healthcare system. Within the framework of examination of the topic, the author reviews the constitutional acts of the ASEAN member-state, which enshrine the positions on health in form of the right to health and socioeconomic goal; as variations of social support of the vulnerable groups of population or legislative limitations of certain rights and freedoms necessary for protecting the public health from various threats. It is noted that on one hand, the question of ensuring the individual and public health represents a permanent task for any state, which should be resolved without considering the fixation of the corresponding positions in normative material, but nevertheless, using a significant amount of economic resources. On the other hand, population of any country, even in case of substantial state and private investments into the healthcare, cannot count on the complete freedom of diseases regardless the constitutionalization of positions on health and medical aid. But despite this, the process of consolidation of the positions on health in constitutional acts of various states can be considered a positive trend. In turn, the latter leads to emergence of responsibility of the states to recognize and abide alongside the possibility of the rightsholders to protect the rights associated with restoration and support of health; testifies to formation of the vector of development of legislation that regulates the sphere of healthcare; as well as allows the states to create their own concept of dynamic development of this sphere and establish a complex of responsibilities in the area of health protection based on the accessible financial resources.
Litovkina M.I. —
Positions on health in constitutional acts of the ASEAN member-states: comparative legal assessment
// Law and Politics. – 2017. – ¹ 3.
– P. 103 - 115.
DOI: 10.7256/2454-0706.2017.3.43034
URL: https://en.e-notabene.ru/lamag/article_43034.html
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Abstract: The object of this article is the process of constitutionalization of the positions of health in the countries of the Association of Southeast Asian Nations (ASEAN), the comparative analysis of which is provided with consideration of its evolutionary character, in tight interconnection with the development of healthcare systems, as well as the level of funding of healthcare system. Within the framework of examination of the topic, the author reviews the constitutional acts of the ASEAN member-state, which enshrine the positions on health in form of the right to health and socioeconomic goal; as variations of social support of the vulnerable groups of population or legislative limitations of certain rights and freedoms necessary for protecting the public health from various threats. It is noted that on one hand, the question of ensuring the individual and public health represents a permanent task for any state, which should be resolved without considering the fixation of the corresponding positions in normative material, but nevertheless, using a significant amount of economic resources. On the other hand, population of any country, even in case of substantial state and private investments into the healthcare, cannot count on the complete freedom of diseases regardless the constitutionalization of positions on health and medical aid. But despite this, the process of consolidation of the positions on health in constitutional acts of various states can be considered a positive trend. In turn, the latter leads to emergence of responsibility of the states to recognize and abide alongside the possibility of the rightsholders to protect the rights associated with restoration and support of health; testifies to formation of the vector of development of legislation that regulates the sphere of healthcare; as well as allows the states to create their own concept of dynamic development of this sphere and establish a complex of responsibilities in the area of health protection based on the accessible financial resources.
Litovkina M.I., Kolesnikov E.V. —
Right to protection of health and medical aid in the Russian Federation as a constitutional value
// Law and Politics. – 2016. – ¹ 2.
– P. 167 - 177.
DOI: 10.7256/2454-0706.2016.2.15513
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Abstract: In this article the authors substantiate the axiological importance of the right to protection of health and medical aid by its complex nature, as it pertains to the right to life, favorable environment and others. In addition to that, the value nature of this right consists not only in the protection of such indefeasible benefit as health, but also in creation of conditions for exercising basic rights to free development and a worthy life. Campaigns and programs on protection and restoration of individual and public health are the obligations of both, the state and individual. The scientific novelty of this work consists in exploration of the value aspects of this right, which are not sufficiently analyzed within the juridical science, from the position of modern research and relevant conditions for social reforms. This approach towards the study of constitutional right to protection of health and medical aid is necessary in order to determine new regularities of development of the Russian legislation in this area.
Litovkina M.I., Kolesnikov E.V. —
Right to protection of health and medical aid in the Russian Federation as a constitutional value
// Law and Politics. – 2016. – ¹ 2.
– P. 167 - 177.
DOI: 10.7256/2454-0706.2016.2.42781
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Abstract: In this article the authors substantiate the axiological importance of the right to protection of health and medical aid by its complex nature, as it pertains to the right to life, favorable environment and others. In addition to that, the value nature of this right consists not only in the protection of such indefeasible benefit as health, but also in creation of conditions for exercising basic rights to free development and a worthy life. Campaigns and programs on protection and restoration of individual and public health are the obligations of both, the state and individual. The scientific novelty of this work consists in exploration of the value aspects of this right, which are not sufficiently analyzed within the juridical science, from the position of modern research and relevant conditions for social reforms. This approach towards the study of constitutional right to protection of health and medical aid is necessary in order to determine new regularities of development of the Russian legislation in this area.
Litovkina M.I. —
// National Security. – 2014. – ¹ 4.
– P. 584 - 606.
DOI: 10.7256/2454-0668.2014.4.11603
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Litovkina M.I. —
// Law and Politics. – 2013. – ¹ 1.
DOI: 10.7256/2454-0706.2013.1.7238
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Litovkina M.I. —
// Law and Politics. – 2013. – ¹ 1.
DOI: 10.7256/2454-0706.2013.1.42171
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