Law Journal of the National Academy of Internal Affairs

The article covers the conceptually important concepts of the right to health. The interaction of the right to health with other subjective human rights is revealed, as well as the cases of the European Court of Human Rights on this issue are analyzed. The Constitution of Ukraine recognizes man, his life and health, honor and dignity, inviolability and security of the highest social value. In this constitutional prescription, health is proclaimed as the value and primary and initial prerequisite for the life of each person. Therefore, among the numerous rights provided for by the Basic Law, one can distinguish the right to health as one that guarantees its physical existence and is a condition for ensuring the implementation of all other human rights. Human right to health as a social (natural) phenomenon is a personʼs ability to use all social, especially state, means aimed at preserving, strengthening, developing and, in case of violation, restoring the maximum achievable level of physical and mental state of his organism. The gender analysis of the place and role of the right to health in the legal status of a person and a citizen and the analysis of the jurisprudence of the European Court of Human Rights gives grounds to say that health is the reason for the restriction of other subjective legal human rights, which is fixed both by international legal acts and by national legislation. In Ukraine, the interests of healthcare are adequately covered, taking into account international standards and observance of constitutional norms. This study allows us to conclude that there is an inextricable link between all human rights. Only in their complex can talk about the comprehensive, complete realization of each individual right. The right to health protection is inextricably linked with practically all the rights and freedoms enshrined in the Constitution of Ukraine. For some of them, it is an integral part, a guarantee of other rights; the other rights, on the contrary, constitute a guarantee of the right to health care. Obviously, the violation of one of the fundamental rights and freedoms entails a violation of the integrity of the legal protection of human health. Having examined the human right to health care, it can be stated that it, on the one hand, fulfills the guarantee function with regard to other subjective legal rights (the right to life, the right to personal integrity), on the other – as its guarantees other subjective rights (for example, the right to information, the right to social protection), and, moreover, healthcare itself is the basis for limiting other subjective legal human rights.