Publication date: 03.06.2024
Lawyer
Legal regulation of ensuring the rights of patients in medical institutions during military operations
In the period of armed conflict on the territory of Ukraine, the protection of the rights of patients in medical institutions acquires special importance. War poses numerous threats to the realization of human rights in the field of health care, including damage to infrastructure, shortages of personnel and resources, and security breaches. Therefore, it is important to ensure proper legal regulation of this area and compliance with relevant norms of international and national legislation.
Consultation of a lawyer or consultation of a lawyer on issues of ensuring the rights of patients in medical institutions during military operations should pay attention to the following key aspects:
1. Analysis of documents related to the conditions of providing medical care, ensuring the rights of patients, as well as compliance with the norms of international humanitarian law. The lawyer's legal and legal opinion should be based on a thorough study of relevant legal acts, reports, instructions and other documents.
2. Compliance with international humanitarian law norms, in particular the Geneva Conventions and their Additional Protocols. These documents establish the principles of protection of the civilian population, the wounded and sick, as well as medical personnel during armed conflicts.
3. Analysis of the national legislation of Ukraine, which regulates the rights of patients and the functioning of the medical system. In particular, it is necessary to consider the provisions of the Constitution of Ukraine, the laws "Basics of Ukrainian legislation on health care", "On emergency medical care" and other normative legal acts.
4. Issues of ensuring the safety of medical institutions, availability and quality of medical care, confidentiality of information about patients, as well as protection of medical personnel from harassment for the performance of professional duties.
5. Liability for violation of patients' rights, in particular criminal liability for attacks on medical institutions or unjustified refusal of assistance.
When providing a lawyer's consultation and forming a lawyer's legal and legal opinion, it is important to consider that the protection of the rights of patients in medical institutions during military operations is one of the key obligations of the state and participants in an armed conflict in accordance with the norms of international humanitarian law.
In particular, according to Geneva Convention IV, the wounded and sick, who are civilians, have the right to respect for their person, honor, family rights, religious beliefs and customs, as well as protection from any acts of violence or intimidation.
The national legislation of Ukraine provides for a number of guarantees to ensure the rights of patients, in particular the right to choose a doctor and medical institution, to quality and timely medical care, to confidentiality of information and consent to medical intervention. These rights are inalienable and must be respected even in armed conflict.
In conclusion, it should be noted that ensuring the rights of patients in medical facilities during military operations is a critical task that requires careful legal regulation and supervision. Consultation of a lawyer, analysis of relevant documents, legal and legal opinion of a lawyer play a key role in protecting human rights in this area, ensuring access to medical care and bringing to justice persons guilty of violations.
