Volume 03 Issue 07-2023
103
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
103-107
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article examines the issues of health protection as one of the most important social rights of citizens guaranteed
by the state, its content in the new version of the Constitution of the Republic of Uzbekistan, defines the system of
regulatory legal acts in force in the field of health protection, analyzes international legal documents, the importance
of the issue of health protection in the framework of the SDGs; formulated theoretical conclusions on the creation of
a comprehensive infrastructure, the main elements of the health protection and promotion system. In the final part
of the article, the importance of constitutional reform concerning health protection is noted.
KEYWORDS
International law, right to health, right to health protection, Universal Declaration of Human Rights, Food Safety,
International Covenant on Economic, Social and Cultural Rights, Access to Medicines, UN Millennium Declaration,
Sustainable Development Goals, health security, Constitution, international organizations, international standards,
law.
INTRODUCTION
Today, taking into account new threats and challenges
to the well-being of mankind, achievements in the
theory and practice of international law and other
humanities in ensuring the right to health, a
comprehensive and fundamental international legal
study of key aspects of the implementation of the right
to health in conditions of increasing needs of the
individual, society and states, is becoming extremely
relevant. The issues of health protection today cover
such aspects as: food safety, migration, environmental
problems, access to medicines, decent medical care,
reduction of child mortality, etc.
Research Article
THE IMPORTANCE AND ROLE OF THE CONSTITUTION IN THE FIELD OF
HEALTH PROTECTION IN THE REPUBLIC OF UZBEKISTAN
Submission Date:
July 20, 2023,
Accepted Date:
July 25, 2023,
Published Date:
July 30, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue07-17
Azkhodjaeva Roza Altynovna
Phd Of Law Science Teacher Of International Law And Human Rights Department, Tashkent State University,
Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 07-2023
104
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
103-107
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The right to health, from the point of view of its
importance, claims to be considered in various
dimensions, including: as a fundamental human right;
as a means of creating a public good; as an integral part
of the cultural system of society, within which the
promotion of social progress and improvement of the
standard of living of the population is encouraged.
The adoption by the UN General Assembly on
December 10, 1948 of the Universal Declaration of
Human Rights is one of the important and significant
steps in the history of international law. For the first
time, almost all basic human rights and freedoms of
universal significance were set out in detail and
adopted.
The principles of the Universal Declaration of Human
Rights are reflected in most national laws and state
constitutions.
Despite the fact that the Universal Declaration of
Human Rights of 1948 is not a legally binding
document, more than 70 human rights instruments
have been adopted on its basis, which together form a
div of international human rights norms.
Among social rights, the right to health protection is
enshrined in Article 12 of the International Covenant on
Economic, Social and Cultural Rights, where the state
recognizes the right of every person to the highest
attainable standard of physical and mental health [1].
It should be noted that the UN Millennium Declaration,
adopted in September 2000 during the meeting of
heads of state and government in New York, identified
eight Millennium Development Goals (MDGs).
Three of the eight Millennium Development Goals are
directly related to health. They are aimed, in particular,
at reducing maternal and child mortality, at preventing
the spread of HIV/AIDS, tuberculosis, malaria, and
other diseases [2].
On the basis of the Millennium Development Goals
(MDGs), on September 25, 2015, at the Sustainable
Development Summit, the UN Member States adopted
the 2030 Agenda for Sustainable Development (SDGs),
which includes 17 goals and 169 targets.
Thus, health issues are defined in three goals (SDGs):
•
ensuring healthy lifestyles promoting well-being
for all at all ages,
•
eliminating hunger, ensuring food security and
improving nutrition,
•
ensuring the availability and rational use of water
resources and sanitation for all [3].
In Uzbekistan, the human right to health has become a
part of domestic law, proclaimed in regulatory legal
acts, which provide ample opportunities for the
implementation of this right in accordance with
international legal standards.
At present, Uzbekistan is practically a member of all
major international intergovernmental organizations
dealing with health and related issues (UN, WHO, ILO,
UNICEF, UNDP, UNESCO), has their offices on its
territory and participates in their programs.
Uzbekistan initiates and supports activities that
contribute to the protection and promotion of the
health of peoples in the CIS, the Eurasian Economic
Community
and
the
Shanghai
Cooperation
Organization. Uzbekistan has signed and ratified and
accepted
for
practical
implementation
many
international treaties, rules, recommendations and
other documents related to the problems of public
health and healthcare.
Volume 03 Issue 07-2023
105
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
103-107
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
These include, in addition to the International
Covenant on Economic, Social and Cultural Rights, the
UN Millennium Declaration, the SDGs, as well as special
documents related to health, such as the IHR, the WHO
Framework Convention on Tobacco Control and a
number of other important international documents.
The country recognizes and guarantees the rights and
freedoms of man and citizen in accordance with the
generally recognized principles and norms of
international law and in accordance with the
Constitution.
Issues of protecting human health, ensuring his right to
receive qualified medical care are regulated by the laws
"On the protection of the health of citizens", "On the
sanitary and epidemiological welfare of the
population", "On the prevention of iodine deficiency
diseases", "On medicines and pharmaceutical
activities", "On the protection reproductive health of
citizens”, “On transplantation of human organs and
tissues” and others [4].
At present, radical transformations are taking place in
Uzbekistan in all spheres of life of society and the state.
These transformations are based on the reform of the
Constitution, amendments and additions adopted at a
national referendum. Amendments and additions to
the Constitution of Uzbekistan, prepared by a special
constitutional commission, are large-scale and relate to
all spheres of society, including health issues.
Thus, article 48 of the Constitution in the new
redaction defines: “Everyone has the right to health
protection and qualified medical care.
Citizens of the Republic of Uzbekistan have the right to
receive a guaranteed volume of medical care in the
manner prescribed by law at the expense of the
government.
The government takes measures to develop the
healthcare system, its government and non-
government forms, various types of medical insurance,
and ensure the sanitary and epidemiological well-being
of the population.
The government creates conditions for the
development of physical culture and sports, the
formation of a healthy lifestyle among the population.
[5]
It should be noted that for the first time the
Constitution enshrines the right to health protection,
which is the most important element of the legal status
of an individual, largely determining the relationship
between a person and a modern government. The
content of this right is predetermined by the social
value of health as a personal and public good.
Proper realization of the right to health protection and
qualified medical care is a necessary condition for the
development of the individual, a guarantee of the
effective
implementation
of
fundamental
constitutional rights.
The complex of measures for the protection of health
is not limited only to medical activities, but is also
supplemented by no less important aspects such as
sanitary and epidemiological well-being, the creation
of medical insurance.
An equally important issue is the development of
private medical institutions. The emergence of private
clinics additionally guarantees the citizens of the
Republic of Uzbekistan the choice of a medical
institution, the availability and quality of medical
services.
In order to realize the right to health protection, a
number of regulatory legal acts were adopted,
Volume 03 Issue 07-2023
106
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
103-107
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
including the Law of the Republic of Uzbekistan dated
29.08.1996 No. 265-
I “On the
protection of the health
of citizens”. Article 13 of this Law governments that
citizens of the Republic of Uzbekistan have an
inalienable right to health care. The government
provides citizens with health protection regardless of
age, gender, race, nationality, language, attitude to
religion, social origin, beliefs, personal and social
status. Article 24 of this Law defines the basic rights of
patients, and it is within the framework of the
implementation of these norms that the rights of
citizens to medical care are guaranteed [6].
Also, the Law on the Protection of the Health of
Citizens provides for the provision of government-
guaranteed free medical care to the population by the
medical and preventive institutions of the government
healthcare system. The volume and procedure for the
provision of free medical care are established by law.
The list of medical institutions providing free medical
care is determined by Decree of the President of the
Republic of Uzbekistan dated November 10, 1998 No.
UP-2107 [7].
The problem of ensuring the availability and quality of
medical care provided to citizens in Uzbekistan, among
other aspects of the organization of the healthcare
system, is the most relevant today. Therefore, the
adopted Concept for the Development of the Health
System of the Republic of Uzbekistan for 2019-2025
provides for measures aimed at improving the quality
and accessibility of medical care, supporting a healthy
lifestyle, preventing and combating infectious and non-
communicable diseases [8].
The concept provides for the creation of the Agency
for Medical and Social Services under the Ministry of
Health, the main tasks and activities are the formation
and implementation of a unified policy of medical and
social assistance aimed at further improving and
coordinating medical and social services provided to
the elderly, persons with disabilities and other socially
vulnerable categories population; organizing and
coordinating the activities of medical and social
institutions in matters of medical and social services for
the elderly, persons with disabilities and other socially
vulnerable categories of the population, etc. The right
to drug provision is an element of the right to medical
care and ensures the full treatment and prevention of
diseases.
Thus, the protection of the health of citizens is a set of
measures of a political, social, economic, legal nature,
aimed not only at improving health, but also at physical
and mental state, providing affordable medical and
social assistance.
REFERENCES
1.
International Covenant on Economic, Social
and Cultural Rights. International human rights
instruments.
Collection
of
documents.
Moscow, 2000.
2.
The UN Millennium Declaration. Res.
3.
The
UN
Sustainable
Development
Goals.UNDoc.A/RES/2.
http://www.uz.undp.org/content/uzbekistan/r
u/home/post-2015.html
4.
www.lex.uz
5.
The Constitution of the Republics of
Uzbekistan. www.lex.uz
6.
The Law "On the Protection of Citizens'
Health" www.lex.uz
7.
Decree of the President of the Republic of
Uzbekistan dated November 10, 1998 No. UP-
2107 "On the State program for reforming the
healthcare system of the Republic of
Uzbekistan https://lex.uz/ru/docs/221139.
Volume 03 Issue 07-2023
107
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
103-107
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
8.
The concept of development of the healthcare
system of the Republic of Uzbekistan for 2019 -
2025. https://nrm/uz
