PROTECTION OF HUMAN RIGHTS BY THE CONSTITUTIONAL COURT OF UKRAINE IN THE FIELD OF HEALTH CARE (REVIEW)

Area of Science:

• Constitutional Law
• Healthcare Law
• Human Rights Law

Background:

• The Constitutional Court of Ukraine plays a vital role in safeguarding human rights within the healthcare sector.
• Analysis of key court decisions and new legislation is essential amidst Ukraine's healthcare reforms.

Purpose of the Study:

• To define the Constitutional Court of Ukraine's position in judicial protection of human rights in healthcare.
• To assess the application of the Court's legal stances in developing new healthcare legislation during reforms.

Main Methods:

• Formal-logical method
• Comparative-legal method
• Structural-logical method
• Analysis of Constitutional Court of Ukraine decisions and legislation.

Main Results:

• The study clarifies the Constitutional Court of Ukraine's role in constitutional proceedings concerning healthcare rights.
• Key decisions (e.g., K. G. Ustimenko, paid/free medical services, psychiatric hospitalization) have shaped domestic constitutional law.
• The introduction of the constitutional complaint has enhanced human rights protection in Ukrainian healthcare.

Conclusions:

• The Constitutional Court of Ukraine's legal positions are pivotal for judicial protection of healthcare rights.
• These positions can inspire similar legal developments in other countries.
• Identified conflicts in regulating the right to free medical care require resolution for effective implementation.