Human rights from the category of economic, social and cultural rights
closely resemble moral ideas and proclamations. Therefore they must
be realized progressively and gradually, in accordance with the
available resources and with respect to minimum core obligations of
the States Parties. The child’s right to health and child’s right to social
security are typical examples of it. In this paper, the author deals with
the problems of interpretation of those rights and their implementation
at the national level, with special regard to the Serbian legislation.
Special attention is paid to implementation of child’s right to health
and child’s right to social security in the area of health care and social
protection. The child’s right to health is directly incorporated into
domestic law including various entitlements acquired by the child as a
patient. Among these entitlements, the most significant are those
involving child’s participation rights, such as the right of the child to
consent to medical treatment. On the other hand, the child’s right to
social security has not been directly incorporated into domestic law,
but its implementation is dispersed over the rules on social care and
different forms of health insurance. Thereby, a child is primarily
considered as a passive user of social security services.