The human right to health in a pandemic condition: certain medical and legal aspects

Abstract

The article is devoted to the study of certain medical and legal aspects of the human right to health in a pandemic. The purpose of the article is to summarize the main problems in the field of ensuring the human right to health in a pandemic, to justify the directions and means of solving them based on the use of a comprehensive medical and legal approach. The notion of a pandemic as an extreme situation, which is manifested in a significant and rapid territorial spread in the world (countries, continents) of an outbreak of a dangerous infectious disease caused by a new infectious agent (or a new strain already known). An analysis of the main approaches to defining the concept and content of health, based on which its characteristics as a medical, social and legal category. The correlation of the human right to health with other human rights in a pandemic is concretized and their falsity is opposed. It is proved that the connection between them is extremely complex, characterized by their interaction and interdependence. It is concluded that health is an essential condition for the ability of a person to exercise other rights and freedoms, and human rights are the basis for preventing, controlling and controlling the health of the population, and protecting the human right to health. The main means of ensuring the right to health in a pandemic have been clarified. It is noted that medical measures are aimed primarily at: 1) preventing the rapid spread of infection; 2) overcoming the disease. The legal aspect of ensuring the right to health in a pandemic in the use of additional (compared to the usual situation), even emergency means to overcome it and save the lives and health of the population. Special emphasis is placed on the need to develop a comprehensive national program for the formation of an appropriate culture of health, including in emergencies (including pandemics). The priority task within this program should be to carry out educational activities, through educational activities, propaganda (agitation), in order to form a high level of culture and consciousness of both individuals and society as a whole, as well as a responsible attitude of a person to his own health and the health of others.