CURRENT THEORETICAL AND PRACTICAL ASPECTS REGARDING THE PROTECTION AND LIMITS OF THE RIGHT TO PROTECTION OF HEALTH
DOI:
https://doi.org/10.55516/ijlso.v1i1.37Keywords:
right, health, solidarity, gradual steps, right-premiseAbstract
The right to the protection of their health is one of the fundamental rights of every human being, a right which considers both the individual’s right to health, but also one’s right to benefit from state measures taken to ensure public health and hygiene. As a consequence, the international community, but especially states, have the obligation to facilitate the accomplishment of this right, especially during times of pandemic, when we can consider, also on a legislative level, limitations in the exercise of this right. Through this article, we aim to identify the characteristics of this right in the present sanitary context, by making appreciations from the perspective of international and regional regulations, including the declarations and comments of some international bodies with duties in public health. We will also provide short appreciations in regard to national laws which are relevant given the connection to the respect of the right to the protection of health. Thus, we will point out the limitations of this right especially in regard to its exercise.
References
Muraru, Ioan, Tănăsescu, Elena-Simina, Romanian Constitution. Comments on articles, 2019, Bucharest: C.H. Beck Publihing House, Romania.
Romanian Constitutional Court, Decision no. 1594/2011 regarding the objection of unconstitutionality of the provisions of the Social Assistance Law, as a whole, as well as, in particular, of art. 14, art. 31 para. (5), art. 56 para. (1), art. 60 para. (1), art. 81 para. (1) - (3) of the law, Bucharest: Official Gazette of Romania no. 909/December 21, 2011, Part I.
World Health Organization, WHO Constitution, 1946, Available at: https://www.who.int/ governance/eb/who_constitution_en.pdf, accessed on: 15 Nov. 2021.
Deaconu, Ștefan, Constitutional Law, 2011, Bucharest: C.H. Beck Publihing House, Romania.
United Nations, Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights, 25 June 1993, Geneva: United Nations, Switzerland, Available at: https://www.ohchr.org/en/professionalinterest/ pages/vienna.aspx, accessed on: 15 Nov. 2021.
Forman, Lisa, Kohler, Jillian Clare, Global Health and human rights in the time of COVID-19: Response, Restrictions, and legitimacy in Journal of Human Rights, Volume 19, NO 5:547-556, 2020, https://doi.org/10.1080/14754835.2020.1818556, Available at: https://www.tandfonline.com/doi/epub/10.1080/14754835. 2020.1818556?needAccess=true, accessed on: 15 Nov. 2021.
Mann, Johnatan, Gruskin, Sofia, Grodin, Michael A., and Annas, George J., Health and Human Rights: A Reader, 1999, New York: Routledge Publisher, USA, quoted by Forman, Lisa, Kohler, Jillian Clare, Global Health and human rights in the time of COVID-19: Response, Restrictions, and legitimacy in Journal of Human Rights, Volume 19, NO 5:547-556, 2020, https://doi.org/10.1080/ 14754835.2020.1818556, Available at: https://www.tandfonline.com/doi/ epub/10.1080/14754835.2020.1818556?needAccess=true, accessed on:
Nov. 2021.
European Committee of Social Rights, Statement of interpretation on the right to protection of health in times of pandemic, 2020, Available at: https://rm.coe.int/statement-of-interpretation-on-the-right-to-protection-of-health-in-ti/16809e3640, accessed on: 15 Nov. 2021.
Hathaway, Oona, Stevens, Mark, Preston, Lim, COVID-19 and International Law Series: Human Rights Law – Right to health in Just Security series, Covid and International Law, 2020, Available at: https://www.justsecurity.org/73447/ covid-19-and-international-law-series-human-rights-law-right-to-health/, accessed on: 15 Nov. 2021
UN Committee on Economic, Social and Cultural Rights, Statement on Coronavirus Disease (COVID-19) Pandemic and Economic, Social and Cultural rights. UN Doc. E/C.12/2020/1, Geneva: United Nations, Switzerland, Available at: https://digitallibrary.un.org/record/3856957#record-files-collapse-header, accessed on: 15 Nov. 2021.
Romanian Parliament, Law no. 55/2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, amended, Bucharest: Official Gazette of Romania no. 396/May 15, 2020, Part I.
Romanian Constitutional Court, Decision no. 498/2018 regarding the admission of the exception of unconstitutionality of the provisions of art. 30 para. (2) and (3), as well as the phrase “electronic patient health record system” from art. 280 para. (2) of Law no. 95/2006 on health care reform, Bucharest: Official Gazette of Romania no. 650/July 28, 2018, Part I.
Montel, Lisa, Kapilashrami, Anuj, Coleman, Michel P., Allemani, Claudia, The Right to Health in Times of Pandemic. What can we learn from the UK's Response to the COVID-19 Outbreak, Health and Human Rights Journal, Volume 22(2):227-241, 2020; Available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC77 62905/pdf/hhr-22-02-227.pdf, accessed on: 15 Nov. 2021.
