Цінність Здоров’я Людини Та Можливості Її Втілення Засобами Загальнодозвільного Типу Правового Регулювання
Year: 2024
Type: article
Abstract: The essence of the generally permissive type of legal regulation is seen in its focus on the maximum realization of freedom within the existing legal order. Therefore, the scope of this regulation is associated with social values, the realization of which is dependent on the appropriate scope of freedom and is made possible by legal means of “general permissive purpose”. Such values include, first of all, the value of a Human Person, his/her life and health, honor and dignity, inviolability and security, as well as democracy, local self-government, civil society, etc. It is established that human health, as a value determined in the system of others, acquires additional opportunities for its legal protection. This is due to the relevant legal prohibitions, obligations, and permissions which form the content, scope and boundaries of a number of rights which “orient” the general permissive process of introducing this value. Accordingly, the author analyzes the legal instruments of mediation of the “right to health care” and related rights, and clarifies their functional purpose for the maximum possible expansion of the scope of freedom with regard to the restoration, preservation and development of this component of the value of the human personality. Keywords: values, right to life, right to health care, reproductive human rights, legal prohibitions, obligations, permissions.
Author: Natalia Radanovych
Institution: Lviv University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4405995442
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