THE RIGHT OF FOREIGNERS TO HEALTH CARE: FEATURES OF THE REGULATION BY THE CONSTITUTION OF UKRAINE AND INTERNATIONAL STANDARDS IN THIS SPHERE
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Abstract
This article considers the legal regulation of the right to health protection by the norms of the Constitution of Ukraine of 1996. Particular emphasis is placed on the provisions of Art. 49 of the Constitution of Ukraine and the positive obligation of the state to create conditions for effective and accessible medical service only for citizens of Ukraine. First of all, the article examines the correlations between this provision and the relevant provisions of the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. The paper concludes that accessibility of all medical services in the field of health is provided by the ICESCR’s right to health care and international obligations of states in this area, and Art. 49 of the Constitution of Ukraine does not correspond to this. At the same time, the article provides examples of gaps in the legislative regulation regarding certain aspects of the right to health of certain categories of foreigners.
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