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Ð uman right to virtual reality in the healthcare: legal issues and enforcement problems

Author

Listed:
  • Oleksandr Shevchuk

    (Yaroslav Mudryi National Law University, Ukraine)

  • Oleg Bululukov

    (Yaroslav Mudryi National Law University, Ukraine)

  • Oleksandr Lysodyed

    (Yaroslav Mudryi National Law University, Kharkiv, Ukraine)

  • Valentyna Mamonova

    (Kharkiv Regional Institute of Public Administration of National Academy of Public Administration under the President of Ukraine, Ukraine)

  • Yurii Matat

    (Yaroslav Mudryi National Law University, Ukraine)

Abstract

A key feature of modern legal relations in the healthcare sector is the widespread use of digital technologies. This study describes certain aspects of the legal regulation of the human right to virtual reality in the healthcare sector and the problems of law enforcement. The methodology of this work is based on an interdisciplinary approach using comparative legal, dialectical and systemic methods. The main objective of this article is to determine the forms and directions of the use of virtual reality in health care in the context of human rights. It is emphasized that the introduction of smart technologies, virtual reality in the healthcare sector is the main modern trend in the development of healthcare in order to improve the provision of healthcare services. The human right to use virtual reality in healthcare is to ensure the actions of virtual reality users within the framework of virtual information relations in the healthcare sector, which are governed by the relevant legal norms. The human right to use virtual reality in healthcare is a fourth generation of human rights. These rights include all rights that have arisen as a result of scientific progress, the development of morality, namely "somatic rights", as well as information rights. The use of virtual reality in the healthcare sector is possible in the following areas, namely: (1) medical training, (2) surgical modeling, (3) rehabilitation, (4) psychotherapy and psychology, (5) ophthalmology, (6) telemedicine, etc. It is stated that user safety, privacy, freedom of expression, ethics and copyright protection in the use of virtual reality in healthcare require legislative regulation, taking into account the European experience. The virtual space in the healthcare sector provides opportunities for the realization of human rights and freedoms regarding the preservation of their health, but can be used to carry out actions that contradict the norms of law and have illegal behavior. The latter requires an improvement in the regulatory framework when using the virtual space of the healthcare sector to protect the interests of the individual, society and the state using international standards.

Suggested Citation

  • Oleksandr Shevchuk & Oleg Bululukov & Oleksandr Lysodyed & Valentyna Mamonova & Yurii Matat, 2021. "Ð uman right to virtual reality in the healthcare: legal issues and enforcement problems," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 11(Special I), pages 302-315, October.
  • Handle: RePEc:sja:journl:v:11:y:2021:i:special:p:302-315
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    More about this item

    Keywords

    human rights; health sector; virtual reality; legal regulation.;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K24 - Law and Economics - - Regulation and Business Law - - - Cyber Law

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