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Legal aspects of protection of health care rights for persons who have suffered persecution due to their political activities

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Письменна Марія
Письменна Марія
Attorney
Ukraine / Kyiv

i

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Publication date: 10.06.2024

Lawyer

Legal aspects of protection of health care rights for persons who have suffered persecution due to their political activities

Introduction

One of the most important human rights is the right to health care. However, in the context of armed conflicts and political persecution, this right is often violated. Individuals who have been persecuted for their political activities may face numerous barriers to accessing medical care and meeting their health care needs. In this article, we will consider the legal aspects of protecting the rights to health care for such persons.

Legal opinion 

The right to health care is one of the fundamental human rights, which is guaranteed by a number of international and national legal acts. In particular, the article of the Constitution of Ukraine enshrines the right of every person to health care, medical assistance and medical insurance.

According to the article Basics of the legislation of Ukraine on health care, the state guarantees every citizen of Ukraine the realization of the right to health care, regardless of his political beliefs and other activities that do not contradict the law.

In the context of protecting the rights of persons who have suffered persecution due to political activity, the principle of non-discrimination, enshrined in the article of the Law of Ukraine "On Principles of Prevention and Counteraction of Discrimination in Ukraine", is important. According to this principle, any discrimination based on race, color, political, religious and other beliefs, as well as on other grounds, is prohibited.

Legal opinion of a lawyer 

Thus, persons who have been persecuted because of their political activities have the same right to health care and medical assistance as all other citizens of Ukraine. The state is obliged to ensure free and non-discriminatory access of such persons to medical services and to meet their needs in the field of health care.

In case of violation of this right, victims can apply to the court to protect their interests. According to the article of the Code of Administrative Procedure of Ukraine, every person has the right to apply to the administrative court for the protection of their violated rights and freedoms in the field of public legal relations.

Consultation of a lawyer and analysis of documents 

In order to effectively protect their right to health care, individuals who have been persecuted for their political activities are advised to consult with a qualified lawyer. During the consultation, the lawyer will be able to analyze the available documents and the situation as a whole, provide a legal opinion on possible ways to solve the problem, and prepare the necessary legal documents.

In particular, a lawyer can help with the drafting of official requests to state bodies regarding the provision of the right to health care, as well as with the preparation of an administrative lawsuit in court in case of refusal to satisfy such requests.

The involvement of a qualified lawyer will significantly increase the chances of successful protection of the right to health care and obtaining the necessary medical assistance for persons who have suffered persecution due to their political activities.

Conclusion 

The right to health care is an inalienable right of every person, which is guaranteed by national and international legislation. Persons who have suffered persecution due to their political activities cannot be discriminated against in accessing medical services and meeting their health care needs. In case of violation of this right, victims can apply to the court for its protection. However, for the most effective defense of your interests, it is recommended to consult a lawyer who will be able to analyze the documents, provide a legal opinion and prepare the necessary legal documents.

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