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HR Standards as a Foundation for Human Security and Health Policy: Legal and Ethical Issues

Author

Listed:
  • Daria Bienkowska
  • Aneta Kaminska-Nawrot
  • Ryszard Kozlowski

Abstract

Purpose: The COVID-19 pandemic has resulted in the necessity for public authorities in all European countries to seek measures which would streamline combating threats to health and life while ensuring that the fundamental rights and values of their residents are respected. It appears that the right to healthcare in general, and the redistribution of the goods which are the most crucial for patients, in more specific terms, as well as decisions related to the final allocation of those goods, have become areas of conflict. Design/Methodology/Approach: In this article, we take note that the decision of an individual physician to undertake or abandon treatment is a critical dilemma to be faced in the light of respect for patient’s right to health and protection of life. Findings: The implementation of human rights standards (ECHR) for medical ethics requires taking into consideration the quality of health care services, the appropriate standard of health care, and equal rights of every patient and respect for such rights. Practical Implications: A correct analysis of the ECHR Standards in question may contribute to the development of an appropriate health policy model based on the principles of respecting the rule of law, considering patients’ rights as well as physician independence. It should also take into consideration a call for the efficient allocation of public funds in health care. Originality/Value: The publication systematizes the most important issues of human rights standards in public healthcare system.

Suggested Citation

  • Daria Bienkowska & Aneta Kaminska-Nawrot & Ryszard Kozlowski, 2022. "HR Standards as a Foundation for Human Security and Health Policy: Legal and Ethical Issues," European Research Studies Journal, European Research Studies Journal, vol. 0(4), pages 88-96.
  • Handle: RePEc:ers:journl:v:xxv:y:2022:i:4:p:88-96
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    References listed on IDEAS

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    1. Danzon, Patricia M., 2000. "Liability for medical malpractice," Handbook of Health Economics, in: A. J. Culyer & J. P. Newhouse (ed.), Handbook of Health Economics, edition 1, volume 1, chapter 26, pages 1339-1404, Elsevier.
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    More about this item

    Keywords

    Efficient allocation of public funds; human rights standards; health care; respect for patient`s rights; medical law and ethics.;
    All these keywords.

    JEL classification:

    • F6 - International Economics - - Economic Impacts of Globalization
    • K2 - Law and Economics - - Regulation and Business Law
    • O3 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights
    • K3 - Law and Economics - - Other Substantive Areas of Law
    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law

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