Biomedical Ethics and Human Rights in The Context of Innovation and Information Development of Society

Rostislav Kalyuzhny, Olena Makeieva, Lyudmila Shapenko

Özet


The article is devoted to the issues of biomedical ethics and human rights in the conditions of innovation and information development of society. The factors of the emergence of modern biomedical ethics under the evolution of biology and medicine, including innovative technologies. Under "biomedical ethics," the branch of knowledge is considered, which is a system of ethical and legal norms that regulate relations in the field of biomedicine, a set of moral principles, norms and rules that medical professionals should observe in the course of professional activity. Sources of biomedical ethics are singled out: national legislation in the field of medicine; international medical law regulating legislation; international ethical (deontological) codes containing recommendations on medical ethics; national ethical (deontological) codes of professional ethics of medical staff. The basic functions of biomedical ethics are disclosed: informational, axiological (value), communicative, preventive. The issue of ratification by the Verkhovna Rada of Ukraine of international acts as a condition for ensuring the protection of human rights is explored. The expediency of adopting a special law "On the Protection of Patients’ Rights", which determines the legal, economic and organizational foundations for the protection of the rights and legitimate interests of patients, including biomedical ones, is substantiated. The need to overcome the gaps in the legislation of Ukraine by unifying and developing concepts in the field of biomedicine, the normative consolidation of ethical requirements for medical staff and the implementation of biomedical research and medical practice, as well as the responsibilities of patients, is emphasized. The emphasis placed on the need to improve the domestic health care model through the introduction of a public-private partnership in healthcare. The importance of creating a system of organizational and legal measures to improve control over the implementation of laws and regulations on the observance of the legality of processing personal data through the establishment of rules of legal responsibility, the provision of the use of electronic services in order to implement the rights of patients, the development of criteria-signs of the concept of "personal data". The prospect of further research on biomedical ethics and human rights through the improvement of legal theory and legal practice is determined. It is concluded that fundamental human rights should remain the basis for solving existing ethical and legal problems in the field of biomedicine.


Anahtar Kelimeler


Law, Bioethics, Human rights, Biomedical ethics, Biomedical rights, Information technologies, Innovations, Information space.

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Referanslar


About the Sustainable Development Strategy "Ukraine - 2020". Presidential Decree; Strategy from 01/12/2015 # 5/2015. (2015). Retrieved from https://zakon.rada.gov.ua/laws/show/5/2015#n10

Additional Protocol to the Convention on Human Rights and Biomedicine in the Field of Biomedical Research (ets N 195). Council of Europe; Protocol, International Document of 25.01.2005, ETS No. 195. (2005). Retrieved from http://zakon.rada.gov.ua/laws/show/994_686 .

Association Agreement Between Ukraine, On One Party, And The European Union, European Atomic Energy Community And Their Member States, On The Other Party. Agreement, List, International document on June 27, 2014. (2014). Retrieved from https://zakon.rada.gov.ua/laws/show/en/984_011

Basics of the Legislation of Ukraine On Health Protection (1992). Retrieved from https://zakon.rada.gov.ua/laws/show/2801-12.

Bulets, S. (2007). Some aspects of the concept of the right of health care, medical care and bioethics in Ukraine, Slovakia and Hungary. Medical Law of Ukraine: Problems of Formation and Development, 1, 38-44.

Chaban, O. A. (2018). The right of an individual for a secret in regard to state of health in Ukraine. Ivano-Frankivsk.

Constitution of Ukraine. (1996). Verkhovna Rada of Ukraine; Constitution of Ukraine, Constitution, Law of June 28, 1996 No. 254k / 96-BP. Retrieved from http://zakon2.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80.

Convention for the Protection of Human Rights and Fundamental Freedoms (1950). Retrieved from http://zakon2.rada.gov.ua/laws/show/995_004/

Convention on the Protection of the Rights and Dignity of Man Regarding the Application of Biology and Medicine: Convention on the Rights of Man and Biomedicine. Council of Europe, European Union; Convention, International Document of 04.04.1997. (1997). Retrieved from https://zakon.rada.gov.ua/laws/show/994_334.

Declarations, Conventions, Agreements, Legal, International Instruments, Human Rights, Peace, International Law, Disarmament, Crime, Environment, Corruption, Trade, Racism, Retrieved from http://www.un.org/documents/decl_conv/declarations/bioethics_and_en.shtml.

Glukhovsky, V., Angelov, O., Slabky, G., Belokon, L. (2012). Ukraine through the prism of the European Charter of Rights of Patients. K. Publishing LLC "Design and Polygraphy".

Kharatyan, T. (2019). Constitutional human right for life in terms of biotechnological development. Kiev.

Kovalenko, O. (2018). Patient rights in the field of health as an element of public administration. Theory and practice of public administration, 2(61). 1-9.

Kuzminskaya, N., & Prikhodko, T. (2016). Bioethics in the modern world. Sixth National Congress on Bioethics, 33-34.

Lopukhin, Y. (2001). Bioethics and modern medicine. Doctor, 10, 6-7.

Medvedeva, M. (2009). The norms of ethics and law in the regulation of biomedical research: the international legal aspect. Modern problems of bioethics, 1, 121-126.

Open Free Online Course on Personal Injury Rights. (n.d,). Retrieved from http://advokatrada.org.ua/

Ostrovska, B. (2017). Bioethical aspects of ratio between reproductive rights of a human being and his right to life in the process of using assisted reproductive technologies. Evropský politický a právní diskurz, 4, 1, 83-90.

Potter, V. R. (2002). Bioethics: The Bridge to the Future. Kyiv.

Punda, O. (2017). Administrative and legal protection of personal non-property rights. Irpen-Khmelnytsky: FOP Melnik A. A.

Regulation (EC) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and on the repeal of Directive 95/46 / EC (general data protection regulation). (2016). Retrieved from https://zakon.rada.gov.ua/laws/show/984_008-16.

Senyuta, I. (2006). Human right to health care and its legislative provision in Ukraine (general theoretical research). Lviv.

Sovgyria, O., Yanchuk, A. (2018). The right to life: modern medical and legal context. Word of medicine and biology, 1(63), 216-223. DOI 10.26.724/2079-8334-2018-1-63-216-223

Stefanchuk, R.O., Yanchuk, A.O., Stefanchuk, M.M., Stefanchuk, M.O. (2019) Health as a legal category. Word of medicine and biology, 1(67), 93-99.

Stepurko, T., Semigina, T., Barskaya, Y., Zakhozha, V., Kharchenko, N. (2018). Results of the national research. Kyiv.




DOI: http://dx.doi.org/10.7596/taksad.v9i1.2537

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