Criteria for recognition of appropriate medical assistance to detainees in the european human rights court's practice
Shylo, O.H.; Glynska, N.V.; Marochkin, O.I.
Wiadomosci Lekarskie 72(12 Cz 2: 2585-2590
2019
ISSN/ISBN: 0043-5147 PMID: 32124790 Document Number: 699309
Introduction: Practical implementation of the provision of appropriate medical assistance to detainees raises a number of problems that needs scientific reflection in order to come up with proposals for improving regulation in this sphere. To date, the issues of particular concern are: proper documentation of a detained person's health status; promptness and accuracy of diagnosis of a person; providing a comprehensive therapeutic strategy for his/her treatment; delay in providing medical care and its quality; continuation of treatment of a sick person in custody. The aim: of this paper is to highlight and analyze the key positions of the European Court of Human Rights (hereinafter - ECHR) on the criteria for recognizing appropriate medical care for detainees. Materials and methods: Scientific articles, international regulations governing the provision of medical assistance to detaines, ECHR practice regarding the provision of medical assistance to detainees and criteria for recognition as appropriate (22 relevant decisions where ECHR addressed these issues were analyzed). To achieve this goal, we've used a set of general scientific and special methods of cognition, in particular, comparative-legal method, system-structural method, method of generalization, method of analysis and synthesis, etc. Conclusions: Medical assistance to detainees is adequate, subject to the criteria set out in the ECHR's practice, which in turn will ensure respect for the human rights and freedoms guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter - the Convention).