Human Right to Internet Access in Healthcare in the “Right to Health Concept”: Legal Issues

Abstract

This work reveals the features of the administrative and legal regulation of the human right to access the Internet in the “concept of the right to health”. It is emphasized that the basis of the legal regulation of the human right to access the Internet in the "concept of the right to health" should be the recognition of the principles of the priority of human rights and freedoms, adequate state control, ensuring the choice of criteria that make it possible to realize accessibility, anonymity, and minimize the collection and processing of personal data about the patient. The structure of Internet relations in relation to the healthcare sector has been established, their analysis has been carried out, their object has been established. Legal constructions have been formulated: "information", "Internet" in the norms of international and national regulatory legal acts, as well as the terms "e-Health", "electronic cabinet", "electronic medical information system", the author's definition of "the right to access the Internet in the field of health care ". It has been established that the human rights to access the Internet in the “concept of the right to health” should be attributed to the fourth generation of human rights. The concept of "telemedicine" is formulated, their forms are disclosed, the stages of the evolution of legislation are established, and the problems of their legal regulation in the context of human rights are indicated. It is concluded that the consolidation of the right to access the Internet at the level of the Constitution of Ukraine is a necessity.

Human Right to Access Public Information: The Experience of Ukraine and the Practice of the ECtHR

“…Riegner,6 explored the issues of access to information as a human right and a constitutional guarantee; Mendel, 7 studied some legal issues regarding freedom of information as an internationally protected human right; Christoffersen, J. Jukka Viljanen, 8 drew attention to the activities of the European Court of Human Rights as a developer of general doctrines of human rights law, Laurence R. Helfer, 9 integration as a deep structural principle of the European human rights regime in the reconstruction of the European Court of Human Rights; Kaplina, O, and Tumanyants A, 10 studied the decisions of the European Court of Human Rights that influenced the criminal process in Ukraine and others. Recently, the development and research in scientific sources of such human rights as the human right to virtual 11 , the human right to security 12 , the human right to Internet access 13 , the human right to innovation 14 , the rights of the patient to receive information in the concept of "health and human rights" 15 , international standards of the right to information, features of the institutional framework of the right to information in certain jurisdictions 16 , problems of application of the Law of Ukraine on access to public information. 17 However, the issues of integration of the practice of the European Court of Human Rights regarding the problems of exercising the right to access to public information do not lose their relevance, since the problems of protecting human rights and freedoms in the context of European integration processes in Ukraine require improvement both in form and content.…”