Human Right to Internet Access in Healthcare in the “Right to Health Concept”: Legal Issues

Authors

  • Oleksandr Shevchuk Doctor of Juridical Sciences, Professor of the Department of Administrative Law and Administratively Activities, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
  • Valentyna Zui PhD in Law, Associate Professor of the Department of Administrative Law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
  • Ivanna Maryniv PhD in Law, Associate professor of the Department of European Union Law, Yaroslav Mudryi National Law University, Kharkiv‚ Ukraine
  • Svitlana Davydenko PhD in Law, Associate Professor of the Department of Criminal Process and Operative Search Activity, Yaroslav Mudryi National Law University, Kharkiv, Ukraine
  • Sergii Mokhonchuk Doctor of Juridical Sciences, Professor of the Department of of Criminal Law №1, Yaroslav Mudryi National Law University, Kharkiv, Ukraine

DOI:

https://doi.org/10.14207/ejsd.2021.v10n2p286

Keywords:

human rights, health care, Internet relations, telemedicine, legal regulation

Abstract

This work reveals the features of the administrative and legal regulation of the human right to access the Internet in the “concept of the right to health”. It is emphasized that the basis of the legal regulation of the human right to access the Internet in the "concept of the right to health" should be the recognition of the principles of the priority of human rights and freedoms, adequate state control, ensuring the choice of criteria that make it possible to realize accessibility, anonymity, and minimize the collection and processing of personal data about the patient. The structure of Internet relations in relation to the healthcare sector has been established, their analysis has been carried out, their object has been established. Legal constructions have been formulated: "information", "Internet" in the norms of international and national regulatory legal acts, as well as the terms "e-Health", "electronic cabinet", "electronic medical information system", the author's definition of "the right to access the Internet in the field of health care ". It has been established that the human rights to access the Internet in the “concept of the right to health” should be attributed to the fourth generation of human rights. The concept of "telemedicine" is formulated, their forms are disclosed, the stages of the evolution of legislation are established, and the problems of their legal regulation in the context of human rights are indicated. It is concluded that the consolidation of the right to access the Internet at the level of the Constitution of Ukraine is a necessity.

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Published

2021-06-01

How to Cite

Shevchuk, O. ., Zui, V. ., Maryniv, I. ., Davydenko, S. ., & Mokhonchuk, S. . (2021). Human Right to Internet Access in Healthcare in the “Right to Health Concept”: Legal Issues. European Journal of Sustainable Development, 10(2), 286. https://doi.org/10.14207/ejsd.2021.v10n2p286

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Articles