Legal restrictions in healthcare (foreign experience of the legal regulation)

Автор: Alimova Elena

Журнал: Legal Concept @legal-concept

Рубрика: Главная тема номера

Статья в выпуске: 4 т.23, 2024 года.

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Introduction: in the proclaimed era of the fourth Industrial Revolution, decision-making, especially in healthcare, not based on scientific knowledge can pose a serious danger to individuals and society as a whole. Of particular importance in this context is the state approach to the legal regulation of socially significant phenomena. Thus, in recent decades, significant changes have taken place in the European Union and the United States in the field of gender identity issues, from the active introduction of medicinal and surgical methods for the treatment of gender dysphoria, including in minors, to doubts about the scientific and legal validity of the decisions taken. The purpose of the paper is to study the nature of legal restrictions in healthcare through the example of a study of ways to legally regulate the issues of gender identity, based on the assertion that gender refers to socially constructed characteristics that vary from society to society and may change over time. The research is aimed at understanding the properties, features and functions of legal restrictions in healthcare. The study of the mechanism of the legal regulation of public relations, its elements, as well as the study of public relations and legal facts as an integral part of this mechanism, has theoretical and practical significance, especially in socio-legal forecasting.

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Gender nonconformity, minor, state, law, medical care, legal restriction, children’s rights, selfidentification

Короткий адрес: https://sciup.org/149147287

IDR: 149147287   |   DOI: 10.15688/lc.jvolsu.2024.4.3

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