THE RIGHT TO HEALTH IN THE CONTEXT OF THE HEALTHY ENVIRONMENT

• Main Authors: Ljiljana Slavnić, Konstansa Majhenšek
• Format: Article
• Language: English
• Published: University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary 2011-12-01
• Series: Pravo
• Online Access: https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/266

In international documents the right to health, as a rule, ranges into social rights, but the realization of the right to health and human health protection are more often viewed as being connected with the right to the healthy environment. In the context of the pre-approachable strategy of becoming a member of the EU, the process of formal and functional coordination with the legal system requires making an analysis of the key principles and goals in the basic EU documents in the fields of human health protection and environment protection too. It is also required necessary terminology explanations to be given in order to these principles and goals being compared with corresponding national regulations and institutes. In Serbia, this process is in a progress, but institutional reforms do not give desired results. This piece of paper refers to only certain segments of the coordination process, in which science cannot solve the conflict between goals and means, which is particularly painful for Serbia as one of the poorest European countries. In the field of human health protection as one of the key goals of the environment protection, the high level of protection represents an unavoidable principle according to the politics and goals of the EU. The acceptance of the European values, principles and goals, especially in a form of formal international responsibilities, demands the application of multi-disciplined methods, even the application of certain instruments contributing to the better legislative politics and bringing in the so-called “clever regulations”. Evaluation of the influence on human health, as a procedure and method based on the scientific approach, can particularly be efficacious when we are talking about air and water as physical components of the natural environment and determinants of human health.