The Constitutional Right to Healthcare and Medical Care for Students in Schools: Chosen Aspects

Abstract

The problem of legislative entrancement and protection of students' rights in the sphere of healthcare is one of the most pressing. "Health is a state of complete physical, mental and social wellbeing; it is not a mere absence of ailments or physical defects". The Russian Federation students often face declarative attitude in medical practice, he is often ignored, despite having rights (property or personal) and freedoms of accessing medical assistance. In order to introduce quality changes to the system of students' rights protection in Russia, this problem requires a complex solution. The right to healthcare and medical assistance is entrenched in the domestic legislation, foremost in the Russian Federation Constitution. The right to free medical care in compliance with the program of the state-guaranteed free medical assistance, as well as paid medical service and other services, is entrenched in Article 41. Along with it no less relevant and almost undeveloped is a problem of defining the legal status of the students. How do we define and protect the rights and freedoms of them as a part of the Russian Federation entrenched in the Russian Federation Constitution accurately? In developed countries approaches to forming a legal relationship of the medical organizations with the student's need for medical care changed significantly in the past years. Many world countries, starting from the XX 90th, carry out purposeful introducing the general principles of the students' rights, as well as other people's legal status entrenchment into their legislation, pay considerable attention to these rights’ implementation mechanisms. Thus, the problem of students' legal status, which complexity is predetermined by the law specifics, is one of the most difficultly resolved theoretical and practical issues in the sphere of medical-legal relationship. The present article is devoted to the analysis of specific aspects of this problem, authors offer a new approached to its resolution.