Ar Lietuvos vasltybė pažeidžia žmogaus teises nesuteikdama asmenims nemokamo gydymo? ; Does Lithuania violate human rights by refusing to provide treatment for people free of charge?
Summary In the Master's final thesis "Does Lithuania violate human rights by refusing to provide treatment for people free of charge?" are analyzed the obligation of the State, set by Article 53 of the Constitution of the Republic of Lithuania and problems in the health system. The right to free of charge treatment belongs to the group of social human rights. The implementation of this group of human rights usually depends on the economic situation of the state and, in particular, right to free charge treatment depends on the health protection policy of the state. Health care systems are criticized around a world. By reason of expensive medical technologies and medicine as such, require huge sums of money, which is scare. Patient's needs and expectations for health care, health and quality of life are growing. Patients become more aware and demanding on health care. In these conditions health care quality helps to save resources and better meets patient's needs and expectations. Globalization and privatization processes determine expansion of health care services and patient's market. The Constitution was adopted by referendum on the 25th of October 1992. Since these days continues a period of biggest changes: a new system of social, economical, political relations was settled. The right of to free of charge health protection is established in Article 53 of the Constitution of the Republic of Lithuania, which determines that the state shall take care of people's health and have to guarantee medical aid and services in the event of sickness. The procedure for providing medical aid to citizens free of charge at state health care institutions shall be established by law. The Constitution shall be an integral and directly applicable statute. Every person may defend his or her rights on the basis of the Constitution. Also there are more documents which define the existence of the free of charge treatment such as the Law of Health Care institutions of the Republic of Lithuania, Law of Health system of the Republic of Lithuania, Law of Public Health of Republic of Lithuania. After all, the coming of the Constitution was preconditioned by the need to protect human rights and freedoms from the possible state abuse with power. The idea of the Constitution is the limitation of power that guarantees the individual's rights and freedoms. This study consists of three chapters. The first part of the study entitled "The concept of the right to health care" presents conception of health care definition, objectives and their development, also patient's rights and responsibilities. There are various definitions of the term "health", as well as health assessment indicators are analyzed in detail. This chapter presents strategic aspects of health care quality: health care quality better meets human requirements and expectations for health care. Health care quality is a systemic, universal, continuous process oriented to the patients needs. The point of health care quality is not only to seek for better health of patients, but also approvingly effect their quality of life. Health care quality is based on continuous learning of health professionals and patients, health care quality helps to economize resources and make reinvestments. This chapter deals with health care quality and quality improvement problems and basic principles. The second chapter of the study is entitled "Constitutional right to free of charge treatment" includes three different sections. Part one "The Constitutional right to free of charge treatment at the international level" presents the aspect of Australia, Canada, Germany and Poland health care system, quality management, steady progress, patient's view, government regulation. Part two "The right to free of charge treatment is firmed in the Constitution of the Republic of Lithuania" defines major social factors of the state: government budget, social health protection. Moreover, presents the obligation to guarantee medical aid and services in the event of sickness. Part three is analyzing the obligation of the State, set by Article 53 of the Constitution of the Republic of Lithuania. Right to free of charge treatment consists of five related aspects – health care system, government funding, compulsory health insurance and patient's rights. Chapter free "Right to health protection" presents health care situation in Lithuania and in other countries. Health protection system is the main social target of suitable development. This system, for public health care aims to ensure adequate health care and the improvement in population's health status. This chapter involves three sections. The first section is about right to health protection. Citizens have a right to health protection which was consolidated in the Charter of Fundamental Rights of the European Union and was adopted in early December 2000. The second is about compulsory health insurance. Compulsory health insurance is a national population for the costs of health care and usually is instituted as a program of health care reform. It is enforced by law. This chapter dilates on analyses compulsory health care insurance advantages and disadvantages. Besides chapter three includes empirical analysis – layers and medic interview – has been made. The results of analysis confirmed the hypothesis, that due to unprovided treatment free of charge, the human rights are partially violated. Statistics shows that 19, 5 % of Lithuanian people say that free of charge treatment doesn't exist in Lithuania. More and more people disappoint of situation in Lithuania. Other 7, 4 % claim that free of charge treatment exists. This thesis is analyzing the establishment of the right to free of charge treatment in the Constitution of the Republic of Lithuania and other laws. The aim of this study is to determine a situation of medical care and free of charge treatment in Lithuania. The study analyses the nature of the obligations of states under Article 53 of the Constitution. In the end of the work an empirical analyses – layers and medic interview. The results of analyses confirmed the hypothesis that human rights are partly violated in Lithuania. There is no political awareness of human rights violations.