Constitutional Right to Free of Charge Treatment: Problems of Interpretation
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Abstract
The right to free of charge treatment belongs to the group of social human rights. The implementation of this group of human rights usually depends on the economic situation of the state and its social policy, and, in particular, right to free charge treatment depends on the health protection policy of the state. Nevertheless, in lots of cases the right to free of charge treatment has constitutional basis, as the grounds for this human right are established in the constitutions of the states (e.g. Finland, Estonia, Latvia, Poland, Russia, etc.).
In Lithuania the right to free of charge health protection is established in Article 53 of the Constitution of the Republic of Lithuania, which establishes that the state shall take care of people’s health and shall guarantee medical aid and services in the event of sickness, and the procedure for providing medical aid to citizens free of charge at state health care institutions shall be established by law. In fact, the obligation of the state to take care of people’s health and guarantee medical aid and services in the event of sickness, includes the obligation to guarantee the right to the free of charge treatment, however, the extent of such free of charge treatment, and the procedure of the rendering of free of charge treatment shall be established by laws.
In order to comply with the minimum standards of free of charge treatment, at least the essential medical aid shall be guaranteed to all persons, and such aid shall comply with accessability and acceptability principles.
The right to certain free of charge treatment shall be guaranteed not only to the citizens of the state, but also to the foreigners and stateless persons. This right is guaranteed through the essential medical aid, which, according to applicable Lithuanian laws shall be provided free of charge to all persons. In addition, foreigners and stateless persons, under certain conditions may acquire health insurance, what would also guarantee for them certain medical services free of charge.
The article discusses the establishment of the right to free of charge treatment in the Constitution of the Republic of Lithuania and other laws, analyses the nature of the obligations of the state under Article 53 of the Constitution, groups of persons, to which the right to free of charge treatment shall be applied, the extent of free of charge treatment and procedure of rendering of free of charge treatment.
In Lithuania the right to free of charge health protection is established in Article 53 of the Constitution of the Republic of Lithuania, which establishes that the state shall take care of people’s health and shall guarantee medical aid and services in the event of sickness, and the procedure for providing medical aid to citizens free of charge at state health care institutions shall be established by law. In fact, the obligation of the state to take care of people’s health and guarantee medical aid and services in the event of sickness, includes the obligation to guarantee the right to the free of charge treatment, however, the extent of such free of charge treatment, and the procedure of the rendering of free of charge treatment shall be established by laws.
In order to comply with the minimum standards of free of charge treatment, at least the essential medical aid shall be guaranteed to all persons, and such aid shall comply with accessability and acceptability principles.
The right to certain free of charge treatment shall be guaranteed not only to the citizens of the state, but also to the foreigners and stateless persons. This right is guaranteed through the essential medical aid, which, according to applicable Lithuanian laws shall be provided free of charge to all persons. In addition, foreigners and stateless persons, under certain conditions may acquire health insurance, what would also guarantee for them certain medical services free of charge.
The article discusses the establishment of the right to free of charge treatment in the Constitution of the Republic of Lithuania and other laws, analyses the nature of the obligations of the state under Article 53 of the Constitution, groups of persons, to which the right to free of charge treatment shall be applied, the extent of free of charge treatment and procedure of rendering of free of charge treatment.
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Please see Copyright and Licence Agreement for further details.
