Ombudsman on health protection as a factor of guarantee of human rights in conditions of medical reform in Ukraine
Keywords:human rights, health care, innovation and improvement, ombudsman
The article considers the need to introduce the post of health ombudsman.
Aim. To study national legislation regulating the main directions of health care reform in order to improve the constitutional and legal mechanism for the protection of human rights inUkraine and to promote the proper observance of Ukrainian citizens rights in the field of health care.
Methods: dialectical method, system analysis, structural-functional and formal-legal method.
Results. The state, guaranteeing social rights of citizens, in particular on health care, thus declares that the state of social security becomes possible only if the mechanisms of legal regulation are applied. It is determined that in many countries, the ombudsman institution has become an integral part of the state power mechanism. This institution is an addition to existing forms of control and supervision of the observance of human and civil rights and freedoms. The introduction of the health ombudsman institution inUkraine would increase the control over the functioning of medical institutions and significantly improve the medical care of the population.
Conclusions. The introduction of a specialized ombudsman in the field of health care would facilitate the comprehensive implementation of medical reform inUkraine, effectively responding to detected legislative gaps in its implementation, and promote the proper observance of the rights of Ukrainian citizens in the field of health care.
Zakon Ukrainy «Pro derzhavni finansovi harantii medychnoho obsluhovuvannia naselennia» vid 19.10.2017 r. №2168-VIII [Law of Ukraine «On the state financial guarantees of health care of the population» from October 19, 2017 №2168-VIII]. Retrieved from: https://zakon.rada.gov.ua/laws/show/2168-19 [in Ukrainian]
Zakon Ukrainy «Pro zakhyst personalnykh danykh» vid 30.01.2018 r. №2297-VI [Law of Ukraine «On the protection of personal data» from January 30, 2018 №2297-VI]. Retrieved from: https://zakon.rada.gov.ua/laws/show/2297-17 [in Ukrainian]
Isakov, N. (2012) Mezhdunarodno-pravovaya politika kak sredstvo formirovaniya sistemy garantij prav grazhdan i ikh realizacii [The International legal policy as means of formation of system of guarantees of the rights of citizens and their realization]. Sovremennoye pravo, 6, 133–136. [in Russian]
Kosinov, S. A. (2015) Ombudsmen yak instytut kontroliu za vladoiu [Ombudsman as the institution of power control]. Teoriia i praktyka pravoznavstva, 1(7), 12. [in Ukrainian]
Martseliak, O. V. (2018) Mistse osvitnoho ombudsmena v mekhanizmi zakhystu prav liudyny v Ukraini [The place of the educational ombudsman in the mechanism of human rights protection in Ukraine]. Retrieved from: http://vjhr.sk/archive/2018_5/part_1/17.pdf [in Ukrainian]
O'Reilly, E. (2017) Decision of the European Ombudsman on internal procedures for dealing with applications for public access to documents and requests for information. The European Ombudsman. Retrieved from https://www.ombudsman.europa.eu/en/publications.
How to Cite
LicenseAuthors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access)