Право / 1.История государства и права

Doctor of Law Shchyrba M. Yu.

Eastern National University named after Lesya Ukrainka, Ukraine

 

Legal policy problems in the sphere of healthy lifestyle prophylactic measures among children and youth

The young generation is the future of the state, society and humanity. Youth health is a value category for the following reasons: this age category is the most productive human resource, has the highest level of work capacity and age potential; young people are in the reproductive age, i.e. from their health depends life, health, and in the broad sense the existence of future generations; this generation faces the greatest challenges that are associated with the current crises of the globalized space and the environment, and the new challenges that mankind is only beginning to face.

In general, the health of the entire Ukrainian population is in an abandoned status. The problem is also progressing among young people. Based on official data and statistics results the situation in our country is critical.

At the level of the Ministry of Education recognize that almost 90 percent of children, pupils and students have deviations in health, over 50% have poor physical training, with low and lower than average physical health of 61% of young people aged 16-19 years, 67.2% at the age of 20-29 years. Only during the last five years, the number of students and young people who have been assigned to a special medical group for health has increased by 41% [1]. Undoubtedly, the problems of the environment, urbanization, and information space – these are the risks to the health of children and young people all over the world. However, the shortcomings in the field of the provision of patients' rights, including preventive measures, complicate the situation in our state. For example, the mortality rate for children under 5 in Ukraine at the beginning of 2015 was 9 per 1,000, while in France - 4, Poland - 5, Belarus - 5 [2].

What caused it? The reason for the deterioration of the health of young people is complex. This is primarily due to the lack of effective prophylactic measures in the area of health care for children and young people. Within this research, we will focus on the main issues.

Ineffective legal policy against threatening social factors. The state must pursue an active, we point out even "aggressive" policy to prevent harmful habits among young people. This age group is negatively influenced by external social factors, destructive manifestations of subculture, etc., and is less resistant to them. The problem is that the acquired negative habits in young age are usually preserved throughout life. First of all, it refers to smoking, alcoholism and drug addiction. Statistical data force the entire civil community to be actively alarmed as they directly point to the problem of destruction of the Ukrainian nation. Thus, among the respondents from the age of 15-16, 25% drank alcohol before the age of 13, and among those who aged 11-12 years 40% have tried alcohol. At least once in a lifetime 20% of sixth graders (!) were drunk. 20-25% of boys of different ages and from different establishments first smoked at 11 years or earlier, and among girls 25-40% first smoked at 14-15 years. Drugs used 8-26% among 13-16 year pupils and students. [3] The above said provides an opportunity to argue not only about the lack of effective preventive measures, but also gaps in youth legal policy in general.

There’re gaps in the field of sports promotion, physical activity, tourism. Globalized society changes the lifestyle of people. Information resources and the latest communicative technologies, besides many positive factors, cause a number of problematic aspects. Primarily a computer, game addiction of children and youth. Sociological surveys carried out at the state level testify the following. Children practice physical activity only for half an hour or an hour per week. 75% of children spend watching TV on a daily basis on weekdays 1-4 hours, and 65-90% of children spend at the computer for 0.5-3 hours [3].

Prophylactic measures of disability among children. Legal policy in the field of family planning, monitoring and analysis of genetic diseases, activation of medical measures for the prevention of birth defects and newborns’ defects, organization of medical and social patronage service in families with high social risk, will allow at the level of preventive mechanism to prevent complications of children health status. In particular, it is necessary to intensify the state policy on the right to a general education for children with disabilities. State monitoring of education for children with disabilities showed the following results: out of 151 thousand children with disabilities 55 thousand are on individual education, 39 thousand in special secondary schools and NRCs, 10 thousand - not covered by education, 8 thousand children study in inclusive and special classes [4]. The transition to inclusive education is not only a solution of a problem in this area. It is also the effectiveness of preventive health improvement measures for children with special needs Thus, with the help of studying with healthy peers, a child with problems undergoes adaptation, socialization and receives communication experience. In this way, the psychological state of the person improves; he/she gets an opportunity for education and employment in the future. Therefore, the transition from a medical to a social model of legal policy in the field of disability - is the prerogative and requirement of the current legal status of this category of persons.

So we see the following measures to improve the right to prophylactic measures of healthy lifestyle among children and youth: systematic monitoring of the health and lifestyle of this group of people; activization of promotion of a healthy way of life, culture of life, physical activity and popularization of sport and tourist activity among youth; legal, organizational, financial and economic stimulation of functioning of children's and youth movements, groups, organizations, interest of young people in a healthy way of life, cultural and educational activities; preventive systematic reviews of health status among children and adolescents in educational institutions; educational and licensing measures that will encourage young people to bear responsibility for their health; counteracting the spread of health-hazard risks among the group under study, comprehensive activities of law enforcement, educational and medical institutions; counteracting environmental degradation.

References:

1.                Про стан та перспективи розвитку фізичної культури і спорту у вищих навчальних закладах освіти України: Рішення колегії М-ва освіти України від 28.06.1995 р. № 7/6-3 // Інформ. зб. М-ва освіти України. - 1995. - №20. - С. 3-9.

2.                Eurostat. Infant mortality rate. Per 1000 live births ttp://ec.europa.eu/eurostat/tgm/table.do?tab=table&init=1&language=en&pcode=tps00027&plugin=1 http://data.worldbank.org/indicator/SH.DYN.MORT

3.                Міністерство охорони здоров’я. Офіційний веб-сайт. Стан здоров'я дітей в Україні http://www.moz.gov.ua/ua/portal/pre_20100706_0.html

4.                Моніторингове дослідження функціонування системи інтернат них закладів та закладів соціального захисту дітей (закладів інституційного догляду) // http://www.president.gov.ua/  storage/j-files-storage/00/19/29/17d0ed24dde1279b11273ebe4f05d0ed_1455184778.pdf