Mandatory vaccination of medical personnel against COVID-19: European standards of its introduction

Ventskivska, Iryna; Deshko, L; Lotiuk, O; Vasylchenko, O.P.; Narytnyk, Tetiana

doi:10.18370/2309-4117.2022.65.108-112

Cited by 2 publications

(2 citation statements)

References 5 publications

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“…In legal science, S. [7] studied the issue of the right to access to medicines as a guarantee of the right to medical care, I. Senyuta [8] and others. The issues of technology transfer in the production of medicinal products, transfer of ownership rights to registration certificates and transfer of production in the context of modern challenges to international and national security were studied in the scientific works of L. Deshko [9], O. Vasylchenko [10] and others. On the other hand, the issue of the regulatory and legal mechanism of ensuring the receipt of an unauthorized medicinal product through the programs «use by an individual patient», «use out of compassion» or «use outside of the approved indications for use» in the EU has not been comprehensively investigated.…”

Section: Formulation Of the Problemmentioning

confidence: 99%

Criteria for granting access by an EU member state to a severely ill patient to an unauthorized medicine

Basalaeva

2024

АПП

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The article focuses attention on the fact that a structural element of everyone's subjective legal right to medical care is the right to access to a medicinal product. It is emphasized that the Covid-19 pandemic, the increase in the spectrum of incurable diseases and the number of patients suffering from them, Russia's aggression against Ukraine, the consequences of which are an increase in the number of military personnel and civilians who need the use of medicinal products created using the latest technologies, but which (medicines) are still not allowed in the state, the integration of Ukraine with the EU became the factors that actualized the discussion of scientists and practitioners on the issue of the conditions that must be observed by the EU member state in order to apply the provisions of Article 1. 5 of Directive 2001/83/EC of the European Parliament and of the Council on the Community Code regarding medicinal products intended for human use, the exception is to provide an EU member state with access to a patient to a medicinal product not authorized by the competent authorities of such a member state and thereby fulfill its obligation to provide everyone's constitutional right to medical care. The conditions that must be observed by the EU member state in order to apply the provisions of Article 1. 5 of the Exclusion Directives - for an EU member state to provide a patient with access to a medicinal product that is not authorized by the competent authorities of such a member state: 1) the presence of a norm of national law that allows the supply of a medicinal product for which a permit was not granted; 2) the goal is to meet the special needs of a specific seriously ill patient (private interest) and ensure the protection of public health (public interest); 3) be due to the absence on the national market of any authorized medicinal product - the equivalent of an unauthorized medicinal product; 4) delivery is made in response to a bona fide order on one's own initiative; 5) supply is carried out according to the prescription in accordance with the specifications of the authorized medical worker; 6) an unauthorized medicinal product is prescribed for use by a specific patient under his direct personal responsibility. The signs of the patient's special needs are highlighted: 1) the specific situation of the patient's state of health and the course of his illness; 2) medical reasoning, which is justified; 3) the patient's need for a certain medicinal product. The grounds for an unregistered medicinal product to be prescribed by a doctor are: the doctor's therapeutic considerations; results of research, analyzes of the patient. In a situation where there are authorized medicinal products on the market of an EU member state - analogues of prohibited medicinal products - the import of unauthorized medicinal products can be qualified as an act of non-fulfillment by the EU member state of its obligations, provided for in Article 1. 6 Directives.

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Section: Formulation Of the Problemmentioning

confidence: 99%

Criteria for granting access by an EU member state to a severely ill patient to an unauthorized medicine

Basalaeva

2024

АПП

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“…In the doctrine of constitutional law, the issue of limiting human rights and fundamental freedoms was studied in scientific articles, monographs, textbooks by Dmytro Belov [3], Yuri Bysaga [4][5][6], Sibylla Buletsa [7][8], Oksana Vasylchenko [9], Lyudmila Deshko [10][11][12][13][14][15], Viktor Zaborovsky [16], Olena Kudryavtseva [17], Oleksandr Moskaluk [18] and others. The issue of limiting the right to education was raised in the dissertation research and scientific articles of Svitlana Gretsa [19; 20].…”

Section: Analysis Of Scientific Publicationsmentioning

confidence: 99%

Legitimate restriction of the right to education of children with disabilities

Karapetian

2023

VJHR

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The article is devoted to the issue of legitimate restriction of the right to education of children with disabilities. It is emphasized that although the limitations of the right to education of children with disabilities are established by each state independently on the basis of domestic legal acts, in modern conditions the international community takes this problem beyond the internal competence of the state. Conceptual principles and principles are highlighted that could serve as a basis for law-making and law-enforcement activities regarding restrictions on the right to education of children with disabilities. The above-mentioned principles are characterized: the principle of matching the limitation of the right to education of children with disabilities to the situation in society; the principle of proportionality of limitation; the principle of balancing the interests of the individual, society and the state; the principle of purposefulness; the principle of equality. The definition of the concept of legitimate restriction of the right to education of children with disabilities is formulated - these are legal measures introduced for strictly defined purposes, enshrined in normative legal acts, aimed at establishing obstacles to the realization of the right to education of children with disabilities and which ensure compliance with the necessary balance of interests individuals, society and the state.

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Mandatory vaccination of medical personnel against COVID-19: European standards of its introduction

Cited by 2 publications

References 5 publications

Criteria for granting access by an EU member state to a severely ill patient to an unauthorized medicine

Criteria for granting access by an EU member state to a severely ill patient to an unauthorized medicine

Legitimate restriction of the right to education of children with disabilities

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