The constitutional principle of equal access to health care services  and its statutory implementation in Polish law. Selected problems

The right to health contained in art. 68 paragraph 1 of the Constitution is one of the most important human rights. This provision constitutes the so-called public subjective right, which has its equivalent in the constitutional roles and obligations of public authorities, involving the proper settlement of the issues in the laws relating to the protection of health. In turn, art. 68 paragraph 2 of the Constitution reads that citizens, regardless of their financial situation, public authorities provide equal access to health care services financed from public funds. The implementation of this principle in the public health care system is based on the principle of ensuring equal access for all qualified entities to health services. The constitutional principle of equality does not promise the obligation of public authorities to provide free but only equal health care for all citizens, which must be guaranteed by public funds. The implementation of equal access to benefits is limited with imperfect regulation in the health sector, primarily due to insuf- ficient funds allocated to healthcare.

Constitutional Guarantees of Specific Health Services in the Context of Protecting Women in Pregnacy

Providing health services to pregnant women is a special situation, which is confirmed in constitutional provisions, and above all in art. 68 paragraph 3 of the Polish Constitution. This article imposes on public authorities the obligation to provide specific health care to certain entities, including women expecting a child. Regardless of the principles of financing health services, pregnant women are in a distinguished group for which the state guarantees special health care. The purpose of the article is to indicate that the normative scope of provision 68 para. 3 is an expression of the specific axiology adopted by the constitution-maker, in which the care of a pregnant woman also means caring for the development of the nation, human dignity and protection of life and health - i.e. fundamental values. Legislative regulations related to norms of protection for pregnant women should constitute a kind of control pattern regarding standards of providing services in healthcare, understanding the essence of this care and the ability to decode legal norms in terms of constitutionally protected values. The basic research method was dogmatic and legal (stylistic and linguistic) analysis, as well as humanistic axiological analysis.

Restrictions on Freedom due to the Premise of “Health Protection”. A Few Remarks Inspired by the SARS-CoV-2 Pandemic in the Republic of Poland

There is no question that “health protection” is the premise for the establishment of constitutional restrictions on rights and freedoms. It has been so far the subject of legal science only exceptionally and occasionally; mainly in the context of restrictions on the freedom of economic activity. It was only the SARS-CoV-2 pandemic in the Republic of Poland that brought a wider interest in this category, referring it also to the limitations of another fundamental freedom – freedom of expression. Considering the above, the analysis of legal limitations on the freedom of expression, imposed on the basis of the premise of health protection, seems to be by all means justified and purposeful.

Economic Aspects of The Interpretation of The Law on Health Protection in the Constitution of the Republic of Poland

The article presents considerations on the impact of the interpretation of the constitutional right to health protection on the functioning of the public health care system. The issues include the discrepancy between the literal interpretation of the constitutional norm and the interpretation of the Constitutional Tribunal. The inconsistency of the application of a constitutional norm in legislation leads to inequality in accessing health services for some groups of citizens and affects to some extent the financial stability of health providers. To ensure higher efficiency of constitutional norms, it is necessary to analyse their socio-economic preconditions and to reflect on the effects of their introduction into the legal system. Otherwise, a dead law is created, which is interpreted in accordance with the currently applicable lower-level legal acts.

The consequence of the constitutional right to health care is government’s and local self-government’s duty to take actions, that ains at realisation of this right. One of the municipality’s actions in the area of health care is establishment and realisation of health policy programs. The legal definition presents it as planed and intended actions that focus on standard of health care and its effectiveness, safety andreasoning.

The Importance of Financial Resources for Public Purposes in the Implementation of the Right to Health Protection

Public authorities have been entrusted with numerous tasks related to ensuring the right to health protection and equal access to healthcare services. The fulfillment of these tasks is not possible without providing adequate financial resources. Adopting solutions that reward specific public authority actions to ensure equal access to healthcare services may contribute to the improvement of the healthcare system’s functioning. However, it is essential not to lose sight of the fact that certain changes are directly linked to public funds, whose methods of collection and expenditure, in accordance with constitutional provisions, are stipulated by law. The aim of the conducted research was to verify and assess whether the principle of the exclusivity of law in the collection and expenditure of public funds affects the arbitrariness of decisions made by public authorities and the condition of the Polish model of healthcare system financing. The article was prepared using the dogmatic-legal research method and the empirical-analytical method. The analysis covered legislation, as well as the achievements of doctrine and jurisprudence.