Moral rights in health care. 1. The right to life and health activities. 2. The emergence of the right to life. 3. Legal problems of abortion. 4. Euthanasia.

Moral rights in health care

• 1. The right to life and health activities.• 2. The emergence of the right to life.• 3. Legal problems of abortion.• 4. Euthanasia.

1. The right to life and health activities.

• The most important and most valuable among individual rights and freedoms is the right to life. Life is a basic good and one of the highest social values of human deprivation which is irreversible and means the demise of the individual. The right to life is a natural and inalienable.

• Human life - a physiological and psychological functioning of the organism as a whole.

• At the beginning of the XXI century enforcement of fundamental rights and freedoms has become an integral part of civilized society. Today it is evident that obtaining medical care - one of the aspects of the right to life.

The right to life should be seen as a set of elements (features):•1) the right to preserve life;•2) The right to security of person;•3) the right to require the State to implement measures to support life;•4) the right to dispose of their lives;•5) The right to health and medical care.

The need to study the value of the right to life and medical practice dictated the following circumstances:

¾ problem saving lives in many ways related to medical activities, as they often need medical assistance

• ¾ rapid development of new medical technologies (Transplantation, genetics, cloning, resuscitation, etc.). Often come in conflict with the provision of the right to life;

• ¾ transaction abortion (abortion) raise the question of priority of life and health of mother and unborn human life;

• ¾ difficult social and economic upheavals of recent decades, which also affected the health sector, resulted in different access to care under varying degrees of protection of the right to life;

• ¾ euthanasia as a manifestation of "non-core" environmental health effects on human life. The validity of the term "right to die";

• ¾ suicide, which is one of the options available independent life, and so on.

• Bold self-direction to ensure the right to life - the right to health care - is caused by many factors, the main ones are:

• ¾ differences in the legal nature of the right to health and the right to medical care;

• ¾ multiplicity of manifestations of the right to health care;

• ¾ functioning in our country of various health systems and others.

The right to health care as a factor of the right to life - it is an opportunity,

if necessary (disease, pathological condition, etc.) use the resources of the health care system that is to be

assisted by medical staff. In this case, the fact of receiving medical care will be evidence of subjective rights that

needs medical attention.

2. The emergence of the right to life.

The problem of determining the beginning of human life, i.e. the time after which she gets right to life and his guard, very important for many reasons, including those related to medical activities. The emergence of the right to life is not only a theoretical value of solving this problem depends on the capacity issue, the definition of the legal nature of abortion and others.

Comprehensive analysis of the legal and medical literature suggests three approaches to determining the beginning of human life, according to which the right to life of a person occurs:

•1. With the birth.•2. From the moment of conception.•3. In different periods of fetal development.

• Justification for the first position (the right to life arises from birth) is that:

• 1. Article 269 of the Civil Code of Ukraine stipulates that moral rights every individual from birth or by law.

• 2. Before birth, at different stage of fetal development, one part of the mother in the womb which it is located.

• 3. The subject of the right to life, as well as other rights can only be born a man, since the implementation of rights and obligations can only really existing, born a man.

Next view - the moment of conception as equivalent to the beginning of human life and,

therefore, the beginning of the right to life. The main arguments in defense of this position, we

note the following:1. Religious culture that reflects respect for human life from the moment of conception,

hence the condemnation of abortion, regardless of gestational age.

2. Regulations containing provisions which indirectly indicate the presence of certain rights

being conceived - the future of man.

• Civil Code of Ukraine in art. 1261 provides, for the first stage of the heirs at law include, among others, for the life of the decedent conceived and born after the death of his children. This is to some extent can be considered as a consolidation of the begotten but not yet born individuals certain rights, realize that they can after birth.

The preamble of the Declaration of Children's Rights states that "a child because of her physical and mental

immaturity, needs special safeguards and care, including appropriate legal protection,

before as well as after birth ...". There is a view that the embryo is a living creature and is protected by moral norms and the law, since his

appearance in the so-called primary strips (embryo nervous system), approximately 14 days

after conception. Other researchers involved in the study of issues

related to the right to life, supporting the position of the

origin of the human rights in the prenatal condition and other terms

referred to in the early life of the fetus.

This refers to the first heartbeat (4 weeks), the registration of electrophysiological brain activity (6 weeks), the response to painful stimuli, the formation of organs and systems of medical criteria , live birth and so on.

Ministry of Education and Science of Ukraine "On Approval of Regulations on prenatal period, life

birth and stillbirth criteria and there registration " from 29.03.2006, № 179 determines that the

live birth - is the expulsion or extraction from the mother of the fetus, which, after the expulsion /

removal (regardless of the duration of pregnancy, whether the umbilical cord was cut or placental separation happened) breathes or has any other evidence of life such as heartbeat, pulsation of

the umbilical cord, certain movements of skeletal muscles.

• How to understand live births during newborn baby, born or removed from the mother after a full 22 weeks of gestation (154 days from the first day of the last normal menstrual period). According to the Criteria perinatal period life birth and stillbirth (Section 2) so that he was born alive, have a newborn, which is available at least one of the following conditions:

• ¾ breathing;• ¾ heartbeat;• ¾ pulsation of the umbilical cord vessels;• ¾ movements of skeletal muscles.

3. Legal problems of abortion.

• Revealing the relationship between law and medicine in the broader context, it is worth noting that the issue of the legality of abortion (abortion). The problem affects the interests of both abortion and the fate of at least two people - a woman who decided to terminate the pregnancy, and embryo (fetus) that is in her womb.

• Statistical data show that a significant number of abortions made in Ukraine, strongly suggest the need for comprehensive, including theoretical and legal analysis of the current situation.

• First step is to decide on terminology. When abortion understand any abortion. To highlight the value of the right to life and health care are just curious abortion that is performed by the woman's request.

• Operation abortion should be safe for pregnant women. Unsafe abortion - a procedure interrupt an unwanted pregnancy specialist who does not possess the necessary skills or in an environment that does not meet the medical standards.

It is advisable to create legal regulation of abortion on the following principles:•1. respect for women's rights to manage the situation with regard to the presence of pregnancy;•2. creating conditions for the prevention of criminal artificial interruption of pregnancy;•3. declaration and implementation of the state policy aimed at reducing the number of abortions as a means of birth control.

4. Euthanasia.• Currently attention of lawyers,

doctors, philosophers, members of other professions attracted issue of euthanasia (from the Greek. "Ei" - "light, blessed" and "thanatos" - "death"). Euthanasia is a deliberate act or omission of medical workers who carried them if writing request a patient who is in a state where aware of the importance of their actions and can control them, subject to the statutory conditions for termination of his physical, psychological and mental suffering As a result of implemented right to a dignified death.

In the scientific literature and various species classification euthanasia. In particular, it is divided into:•1. "Euthanasia", "voluntary euthanasia" and "involuntary euthanasia";•2. "Active" and "passive";•3. "Positive" and "negative";•4. "Method of deferred pen" and "filled syringe method";•5. "Passive euthanasia" and "active euthanasia" and so on.

In addition, euthanasia can be classified as follows: the criterion method of implementing euthanasia is divided into active (positive or "filled syringe method") is applied to terminally ill special tools or other actions that result in a quick and painless death and passive ( negative or "deferred syringe method"), which means giving up activities that contribute to the maintenance of life, that is aimed at stopping the continuation of life care, which accelerates the onset of natural death.

• Article 21• All people are free and

equal in their dignity and rights.

• Human rights and freedoms are inalienable and inviolable.

• Article 22• Human and citizens' rights

and freedoms affirmed by this Constitution are not exhaustive.

• Constitutional rights and freedoms are guaranteed and shall not be abolished.

• The content and scope of existing rights and freedoms shall not be diminished in the adoption of new laws or in the amendment of laws that are in force.

• Article 23• Every person has the

right to free development of his or her personality if the rights and freedoms of other persons are not violated thereby, and has duties before the society in which the free and comprehensive development of his or her personality is ensured.

• Article 24• Citizens have equal

constitutional rights and freedoms and are equal before the law.

• There shall be no privileges or restrictions based on race, color of skin, political, religious, and other beliefs, sex, ethnic

• Article 25• A citizen of Ukraine shall

not be deprived of citizenship and of the right to change citizenship.

• A citizen of Ukraine shall not be expelled from Ukraine or surrendered to another state.

• Ukraine guarantees care and protection to its citizens who are beyond its borders.

• Article 26• Foreigners and stateless

persons who are in Ukraine on legal grounds enjoy the same rights and freedoms and also bear the same duties as citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine.

• Foreigners and stateless persons may be granted asylum by the procedure established by law.

• Article 28• Everyone has the right to

respect of his or her dignity.

• No one shall be subjected to torture, cruel, inhuman, or degrading treatment or punishment that violates his or her dignity.

• No person shall be subjected to medical, scientific, or other experiments without his or her free consent.

• Article 29• Every person has the

right to freedom and personal inviolability.

• No one shall be arrested or held in custody other than pursuant to a substantiated court decision and only on the grounds and in accordance with the procedure established by law.

• Article 30• Everyone is guaranteed

the inviolability of his or her dwelling place.

• Entry into a dwelling place or other possessions of a person, and the examination or search thereof, shall not be permitted, other than pursuant to a substantiated court decision.

• Article 31• Everyone is guaranteed

privacy of mail, telephone conversations, telegraph, and other correspondence. Exceptions shall be established only by a court in cases envisaged by law, with the purpose of preventing crime or ascertaining the truth in the course of the investigation of a criminal case, if it is not possible to obtain information by other means.

• Article 33• Everyone who is legally

present on the territory of Ukraine is guaranteed freedom of movement, free choice of place of residence, and the right to freely leave the territory of Ukraine, with the exception of restrictions established by law.

• A citizen of Ukraine may not be deprived of the right to return to Ukraine at any time.

• Article 34• Everyone is guaranteed

the right to freedom of thought and speech, and to the free expression of his or her views and beliefs.

• Everyone has the right to freely collect, store, use and disseminate information by oral, written, or other means of his or her choice.

• Article 38• Citizens have the right to

participate in the administration of state affairs, in All-Ukrainian and local referendums, to freely elect and to be elected to bodies of state power and bodies of local self-government.

• Citizens enjoy the equal right of access to the civil service and to service in bodies of local self-government.

• Article 39• Citizens have the right to

assemble peacefully without arms and to hold meetings, rallies, processions, and demonstrations, upon notifying in advance the bodies of executive power or bodies of local self-government.

• Restrictions on the exercise of this right may be established by a court in accordance with the law and only in the interests of national security and public order,

• Article 41• Everyone has the right to

own, use, and dispose of his or her property, and the results of his or her intellectual and creative activity.

• The right of private property is acquired by the procedure determined by law.

• In order to satisfy their needs, citizens may use the objects of the right of state and communal property in accordance with the law.

• Article 42• Everyone has the right to

entrepreneurial activity that is not prohibited by law.

• The entrepreneurial activity of deputies, officials, and officers of bodies of state power and of bodies of local self-government is restricted by law.

• The State ensures the protection of competition in entrepreneurial activity. The abuse of a monopolistic position in the market, the unlawful restriction of competition,

• Article 57• Everyone is guaranteed

the right to know his or her rights and duties.

• Laws and other normative legal acts that determine the rights and duties of citizens shall be brought to the notice of the population by the procedure established by law.

• Laws and other normative legal acts that determine the rights and duties of citizens,

• Article 58• Laws and other

normative legal acts have no retroactive force, except in cases where they mitigate or annul the responsibility of a person.

• No one shall bear responsibility for acts that, at the time they were committed, were not deemed by law to be an offence.

• Article 67• Everyone is obliged to

pay taxes and levies in accordance with the procedure and in the extent established by law.

• All citizens annually file declarations with the tax inspection at their place of residence, on their property status and income for the previous year, by the procedure established by law.

• Article 68• Everyone is obliged to

strictly abide by the Constitution of Ukraine and the laws of Ukraine, and not to encroach upon the rights and freedoms, honor and dignity of other persons.

• Ignorance of the law shall not exempt from legal liability.

• Article 1. Objectives of the Criminal Code of Ukraine

• The objective of the Criminal Code of Ukraine is to provide legal protection of the rights and liberties of the human being and citizen, property, public order and public safety, the environment, and the constitutional order of Ukraine against criminal encroachments, to secure peace and safety of mankind, and also to prevent crime.

• Article 2. Grounds for criminal liability

• 1. Commission by a person of a socially dangerous act that has such elements of crime as created by this Code gives grounds for criminal liability.

• 2. A person is deemed innocent of a crime and may not be criminally punished until his/her guilt is legally proven and found by a lawful sentence.

• Article 50. The definition of punishment and its purpose

• 1. The punishment is a coercive measure imposed in a judgment of court on behalf of the State upon a person found guilty of a criminal offense and consists in restraint of the sentenced person's rights and freedoms secured by law.

• 2. The punishment is aimed not only at penalizing but also reformation of sentenced persons

• Article 52. Primary and additional punishments

• 1. Primary punishments are community service, correctional labor, service restrictions for military servants, arrest, restraint of liberty, custody of military servants in a penal battalion, imprisonment for a determinate term, and life imprisonment.

• 2. Additional punishments are revocation of a military or special title, rank, grade or qualification class, and forfeiture of property.

• Article 54. Revocation of a military or special title, rank, grade or qualification class

• A person, who has a military or special title, rank, grade or qualification class and was convicted of a grave or special grave offense, may be subject to revocation of his/her military or special title, rank, grade or qualification class by a judgment of court.

• Article 56. Community service

• 1. Community service consists in performance, by a convicted person during hours free from work or studies, of unpaid work valuable to the community, as determined by the local government authorities.

• 2. The term of community service imposed may be from 60 to 240 hours and its duration in any single day may not be longer than 4 hours.

• Article 60. Arrest• 1. The punishment of

arrest consists in holding a convicted person in custody and shall be imposed for a term of one to six months.

• 2. A military servant shall be put under arrest in a guardhouse.

• 3. Arrest shall not be imposed on persons under 16 years of age, pregnant women and women having children under 8 years of age.

• Article 63. Imprisonment for a determinate term

• 1. The punishment of imprisonment consists in confinement of a convicted person and placing him or her in a penitentiary institution for a determinate period of time.

• 2. Imprisonment shall be imposed for a term of one to fifteen years.

• Article 83. Discharge from punishment for pregnant women and women with children under three years of age

• Women sentenced to the restraint of liberty or imprisonment, who become pregnant or give birth to a child while serving their sentences, except women sentenced to imprisonment for a term over five years

• Article 84. Discharge on medical grounds

• A person shall be discharged from punishment, if he/she develops a mental disease while serving his/her sentence, which renders him/her incapable of realizing his/her actions (or omissions) or controlling them. Such person may be subject to compulsory medical measures pursuant to Articles 92 to 95 of this Code.

Thanks for your attention