Decision of the european court of human rights in the health sector in the context of Ukrainian legislation

Abstract

Introduction: The political section of the Ukraine-European Union Association Agreement (a treaty between the European Union and Ukraine that establishes a political association between the two parties) was signed on 21 March 2014. Thus, the Association Agreement should be applied by national courts, as well as national legislation. At the same time, International law should be used if this law contradicts core elements of the national legislation, according to the principle of the primacy of International law. Purpose and Objectives: Review the progress of implementation and convergence of Ukraine's legislation with the current European legislation in the context of the European Court o f Human Rights judgments in Healthcare arising with non-compliance and conflicts between domestic and European law. Materials and Methods: Were analyzed certain articles of the Constitution of Ukraine, of the Convention for the Protection of Human Rights and Fundamental Freedoms; Law of Ukraine "On the implementation of the decisions and practices of the European Court of Human Rights", the Decree of the President of Ukraine "On Approval of the Strategy for Ukraine's integration into the European Union." Results: According to the Constitution of Ukraine, the Law of Ukraine "On International Treaties and Agreements", international treaty ratified by the Verkhovna Rada of Ukraine is part o f the national legislation of Ukraine. However at the end of2012 Ukraine was on a fifth place after an amount of the given lawsuits in the European court (complaints about Ukraine - 10 400 - represented 7.5% of the total number of cases to the European Court). The main reason for complaints was the exhaustion of domestic remedies, due to inconsistency and conflict between domestic and European law. In the practice of the European Court in the cases against Ukraine these issues discussed in the following areas: 1) Violation of the right to protection from torture and cruel and degrading treatment. 2) Violation of the right to liberty and security of person on admission to psychiatric institutions. 3) Violation of the right to fair justice. Conclusion: Before Ukraine stands an urgent task to improve the legal base in the field of health protection, to bring it to conformity with the requirements of International law, to reform the entire health care system, taking into account the fundamental principles of the international legal instruments on human rights, global politics and tendencies in health care, but adapting them to the political, economic and social realities of our lives.