Legal Characteristics of the Right to Health and its Relationship with the Social Security Rights and the Right to Free Access to Medical Care Cover Image

Правна характеристика на правото на здраве и съотношението му с правото на здравно осигуряване и правото на безплатно ползване на медицинско обслужване
Legal Characteristics of the Right to Health and its Relationship with the Social Security Rights and the Right to Free Access to Medical Care

Author(s): Ivaylo Ivanov Staykov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Нов български университет
Keywords: Right to Health; Health Security; Medical Care; World Health Organisation; Constitution of the Republic of Bulgaria; Social Security Law

Summary/Abstract: The subject-matter of the present study is the legal characteristics of the right to health and its relationship with thesocial (health) security rights to and the right to free access to medical care. Based on the analysis of the pertinent legal instruments on international and international level a conclusion is drawn that the absence of explicitly defined ‘right to health’ in the Constitution of the Republic of Bulgaria as well in the national legislation currently in force does not necessarily mean that such right does not exist in the national legislation, only that this is not done in explicit manner and it should be formulated in interpretative manner. Subject of consideration are the two basic constitutional rights under Article 52 (1) of the Constitution of the Republic of Bulgaria, in particular the right to health insurance and the right to free access to medical care in which the right to health is embodied and at the same time is hidden.

  • Issue Year: 2/2013
  • Issue No: 3
  • Page Range: 244-259
  • Page Count: 16
  • Language: Bulgarian