The constitutional principles of the human right and protection of the health of the citizen

Abstract

The article is devoted to the issues of constitutional consolidation of the right to the protection of human and
citizen health. Due to the fact that the right to health protection forming the skeleton of socio-economic rights
is one of the highest benefits belonging to man. Consolidation in the constitutional norms of this law can
provide a high legal guarantee. When writing the article, the author set the task, based on empirical and
comparative research methods, to reveal the peculiarities of securing the right to health protection in
constitutional norms in the Republic of Kazakhstan and foreign countries and to identify the most effective
ways of legal regulation. Consideration from a theoretical point of view of the concept and structure of the
“right to health protection” made it possible to reveal the division of this concept into two categories: the
right of a person and a citizen to health protection and the right of citizens or the population to health
protection. The right to health protection originates in the main international acts. Due to the fact that
ensuring the right to health care is most associated with domestic legislation, the state is faced with the task
of bringing the constitutional norms in accordance with international standards. A comparative analysis
showed that, in the main, when securing the right to health protection, constitutional norms have similar
content, although there are certain differences in the breadth of coverage of constitutional norms of relations.
Summarizing the conclusions on the constitutional enshrining of the right to health, notes the positive
experience of some states, securing the responsibility of officials in the field of ensuring the right to health.