scholarly journals ON SOME FEATURES OF THE IMPLEMENTATION OF THE RIGHT TO INCLUSIVE EDUCATIONS OF HUMAN WITH DISABILITIES IN UKRAINE

2020 ◽  
Vol 8 (2) ◽  
pp. 102-108
Author(s):  
Oleksandr Mikhailovich Shevchuk ◽  
Sergii Mikhailovich Mokhonchuk ◽  
Oleksandr Volodimirovich Lysodyed ◽  
Valentyna Vasylivna Mamonova
Keyword(s):  
Human Rights ◽  
Inclusive Education ◽  
Comparative Method ◽  
Legal Regulation ◽  
Synthesis Methods ◽  
Human Right ◽  
Persons With Disabilities ◽  
Advantages And Disadvantages ◽  
Legal Problems ◽  
The Right

Purpose: This article is devoted to the search for effective solutions to modern legal problems of the realization of human rights, including children, for inclusive education in Ukraine. Methodology: The method of integral analysis of legal regulation in the field of inclusive education in Ukraine has allowed us to consider it in development and interconnection to reveal the existing directions and patterns as a whole. The comparative method has come in handy in the study of legislation governing the right of people to inclusive education. Modeling, analysis, and synthesis methods have revealed the advantages and disadvantages of legal regulation in the field of inclusive education. Main findings: The article discusses the features of legal problems of the implementation of rights to inclusive education of humans with limited opportunities in Ukraine. Possible ways of improving the legal regulation of the implementation of human rights to inclusive education are proposed. According to the authors, one of such methods is the passing of separate legislative, legal norms regarding the development of inclusive education for children with various functional disorders, the development of inclusive education at higher educational institutions. The authors substantiate the conclusion that the human right to inclusive education at the international level is a legal human right that has great practical value for students with disabilities and should exclude any form of discrimination. Implications: This article can be used in the practical activities of lawyers, students, and teachers of law higher education, and is also recommended for review by persons with disabilities. Novelty: This study examined the problems of legal support of human rights to inclusive education in Ukraine and suggested ways to solve them.

scholarly journals INTRODUCTION OF THE INSTITUTION OF PREVIOUSLY EXPRESSED WISHES REGARDING MEDICAL INTERVENTIONS IN MEDICAL LAW OF UKRAINE: STATE AND PROSPECTS

2021 ◽  
Vol 1 (15) ◽  
pp. 58-65
Author(s):  
G.V. Puchkova ◽  
L.P. Bohutska
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Medical Care ◽  
Comparative Method ◽  
Legal Regulation ◽  
Medical Intervention ◽  
Decision Making Process ◽  
Medical Law ◽  
Human Right ◽  
The Right

The aim. The aim of the article is to study the implementation of the principle of autonomy in the medical law of Ukraine, to determine the compliance of the medical legislation of Ukraine with the specified principle in terms of the exercising of the human right to express wishes for the provision of medical care in the future in case if a patient cannot personally express such wishes. Materials and methods. The authors have studied the European standards and practice of the European Court of Human Rights regarding the right of a person to participate in the decision-making process on the provision of medical care, scientific works of specialists in the field of medical law, dedicated to the patient's right to informed consent to medical intervention, the right to refuse treatment and ethical standards of legal regulation of relations with the participation of patients using the formal-logical method, the method of structural analysis, comparative method and legal modeling. Results. The study has found that there are gaps in the normative regulation of the patient's right to participate in the decision-making process in the provision of medical care, which carries a potential danger of violating the right to respect for private and family life, guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. Conclusions. It is proposed to eliminate these gaps by ratifying the Oviedo Convention by Ukraine, implementation of the institution of previously expressed wishes in the national legislation, determining the mechanism for drawing up, changing and revoking previously expressed medical directives, the designation an authorized person in case a patient is unable to independently express his or her own wishes for the provision of medical care taking into account the European experience, cultural characteristics of Ukrainian society, the state of functioning of the institutional and legal systems and the level of development of biology and medicine.

scholarly journals Educação inclusiva nas escolas do campo: desafios e possibilidades

2019 ◽  
Vol 4 (2) ◽  
pp. 496-510
Author(s):  
Maria Aparecida Vieira de Melo
Keyword(s):  
Human Rights ◽  
Inclusive Education ◽  
Rural Community ◽  
Legal Framework ◽  
Disabled Children ◽  
Persons With Disabilities ◽  
Regular School ◽  
Educational Processes ◽  
Specialized Care ◽  
The Right

RESUMO: O presente artigo visa expor reflexões acerca da educação inclusiva nas escolas do campo, ainda é um dos temas na educação do campo pouco discutido, daí a importância de um aprofundamento acerca desta temática. A intenção neste trabalho é discutir a inclusão nas escolas do campo de crianças acometidas por deficiências de qualquer natureza. E mais especificamente dialogar com os autores com que vem tendo esta preocupação contribuindo para que uma atenção especial seja oferecida as crianças deficientes da comunidade rural, em particular do Sítio Luz – Canhotinho-PE, identificar na legislação vigente as especificidades que tratam da inclusão nos espaços educativos e, por fim perceber a importância de fazer valer os direitos humanos das pessoas com deficiência em ocuparem as carteiras escolares das escolas de sua comunidade rural. O problema que norteia esta discussão é: a educação em direitos humanos promove a educação inclusiva nas escolas do campo? Metodologicamente este trabalho desenvolve-se a partir de uma revisão de literatura, a luz de autores que defendem os direitos humanos, o marco legal da educação inclusiva e a especificidade da educação do campo. Diante do exposto, percebe-se que a legislação contribui com a discussão do direito a inclusão nos processos educativos, mas não são evidentes especificamente nas escolas do campo, de tal forma os educadores também não estão preparados para intervir pedagogicamente às pessoas que precisam do atendimento especializado no sistema regular de ensino.   PALAVRAS-CHAVE: Direitos Humanos, atendimento especializado, marco legal.   ABSTRACT: This article aims to expose reflections on inclusive education in schools in the field, it is still one of the subjects in the education of little discussed field, hence the importance of deepening about this topic. The intent of this paper is to discuss the inclusion in the kids camp schools affected by disabilities of any kind. And more specifically dialogue with the authors that has had this concern contributing to that special attention be offered disabled children of the rural community, particularly the Light Site - Canhotinho-PE to identify the current legislation the specifics that deal with the inclusion in spaces educational and finally realize the importance of enforcing the human rights of persons with disabilities occupy the desks of the schools in their rural community. The problem that guides this discussion is: a human rights education promotes inclusive education in schools in the field? Methodologically this work develops from a literature review, the light of authors who defend human rights, the legal framework of inclusive education and the specificity of rural education. Given the above, we can see that the law contributes to the discussion of the right to inclusion in the educational processes, but are not evident especially in schools of the field, so educators are also not prepared to intervene pedagogically people in need of care specializes in the regular school system.   KEYWORDS: Human Rights, specialized care, legal framework.

scholarly journals Human Right to Internet Access in Healthcare in the “Right to Health Concept”: Legal Issues

2021 ◽  
Vol 10 (2) ◽  
pp. 286
Author(s):  
Oleksandr Shevchuk ◽  
Valentyna Zui ◽  
Ivanna Maryniv ◽  
Svitlana Davydenko ◽  
Sergii Mokhonchuk
Keyword(s):  
Human Rights ◽  
Medical Information ◽  
Legal Regulation ◽  
Right To Health ◽  
Healthcare Sector ◽  
Medical Information System ◽  
Fourth Generation ◽  
The Internet ◽  
Human Right ◽  
The Right

This work reveals the features of the administrative and legal regulation of the human right to access the Internet in the “concept of the right to health”. It is emphasized that the basis of the legal regulation of the human right to access the Internet in the "concept of the right to health" should be the recognition of the principles of the priority of human rights and freedoms, adequate state control, ensuring the choice of criteria that make it possible to realize accessibility, anonymity, and minimize the collection and processing of personal data about the patient. The structure of Internet relations in relation to the healthcare sector has been established, their analysis has been carried out, their object has been established. Legal constructions have been formulated: "information", "Internet" in the norms of international and national regulatory legal acts, as well as the terms "e-Health", "electronic cabinet", "electronic medical information system", the author's definition of "the right to access the Internet in the field of health care ". It has been established that the human rights to access the Internet in the “concept of the right to health” should be attributed to the fourth generation of human rights. The concept of "telemedicine" is formulated, their forms are disclosed, the stages of the evolution of legislation are established, and the problems of their legal regulation in the context of human rights are indicated. It is concluded that the consolidation of the right to access the Internet at the level of the Constitution of Ukraine is a necessity.

scholarly journals The Right to Inclusive Education in the Light of the Convention on the Rights of Persons with Disabilities

1970 ◽  
pp. 329-342
Author(s):  
Boubacar Sidi Diallo
Keyword(s):  
Human Rights ◽  
Students With Disabilities ◽  
Inclusive Education ◽  
Academic Progress ◽  
Social Situation ◽  
Quality Education ◽  
Educational Institutions ◽  
Right To Education ◽  
Persons With Disabilities ◽  
The Right

This article examines the rights of persons with disabilities in the field of inclusive education based on fundamental human rights outlined in the Convention on the Rights of Persons with Disabilities. Inclusive education is essential to achieve universal respect for the right to education, including persons with disabilities. Only inclusive education systems can offer persons with disabilities both quality education and the opportunity to improve their social situation. Inclusive education is not just about placing students with disabilities in mainstream educational institutions; it also means making them feel welcome, respected and valued. The values that underlie the concept of inclusive education reinforce the capacity of everyone to achieve their goals and to conceive of diversity as a source of enrichment. Students with disabilities need appropriate support to participate in the education system on an equal basis with other students. Ordinary educational institutions must provide students with disabilities with a learning environment that maximizes academic progress and socialization.

scholarly journals Circumstances excluding the criminal act, in the criminal law of Russia and Vietnam

2020 ◽  
Vol 2020 (2) ◽  
pp. 229-240
Author(s):  
Sergey Milyukov ◽  
Andrei Nikulenko
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Comparative Method ◽  
Legal Regulation ◽  
Criminal Code ◽  
Socialist Republic ◽  
Advantages And Disadvantages ◽  
Law Enforcement Officials ◽  
The Right ◽  
Criminal Legislation

the article describes the circumstances excluding criminality of the act in the criminal legislation of the Russian Federation in comparison with the corresponding Chapter of the criminal law of the Socialist Republic of Vietnam. A comparative analysis of the content of the norms regulating lawful harm is made. A number of issues related to the use of weapons by law enforcement officials in Russia and Vietnam were raised. Using the comparative method, the authors try to investigate the relevant norms, identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act. note that the authors are in the position of expanding the range of circumstances that exclude the criminality of the act, which are subject to normative consolidation in the criminal legislation. Moreover, in view of the ambiguous and often inconsistent practice of applying criminal legislation in this area, it is proposed that in the further reconstruction of the relevant norms of Chapter 8 of the criminal code, use a casual way of presentation to create the most understandable for citizens wording of norms that allow lawfully cause harm to public relations protected by criminal law. Otherwise, the very fact of their existence in criminal legislation is called into question because of the inability and unwillingness of citizens to use the right granted by law. Possible ways of resolving contradictions in the criminal legislation of Russia and Vietnam are suggested.

scholarly journals Constitutional aspects of decent wage

2021 ◽  
pp. 101-106
Author(s):  
V.I. Fridmansʹka
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Legal Regulation ◽  
The State ◽  
Standard Of Living ◽  
Decent Work ◽  
Legal Doctrine ◽  
Advantages And Disadvantages ◽  
Minimum Requirements ◽  
The Right

The article examines the legal nature of decent wages, assesses the concept of wages through the category of its dignity, fairness and sufficient and decent standard of living, as well as analyzes the advantages and disadvantages of legal regulation of decent wages. Fair and satisfactory remuneration in this study is considered as a guarantee of a dignified existence of the person and his family and is perceived in the context of fair working conditions. The analysis of the concept of a dignified life is analyzed through the prism of constitutional and legal doctrine in the context of the main duty of the state. To this end, the basic international and European standards for ensuring the fundamental human rights to a fair reward, a fair existence and a sufficient standard of living for individuals and their families are considered. The right to fair remuneration is considered through the constitutional provisions of determining the main direction of the state to ensure human rights and freedoms and decent living conditions, recognition of man, his life and health, honor and dignity, inviolability and security of the highest social value and the establishment and protection of human rights human freedoms as the main duty of the state. An analysis of the main legal positions of the court of constitutional jurisdiction on the issues of determining a sufficient and decent standard of living, a decent human life, the minimum requirements for living in conditions worthy of a person and protection from poverty. It is proved that the success of the implementation of the elements of decent work in Ukraine requires coordinated actions of the social partners on the way to guarantee a decent salary as an important factor in the concept of decent work. It is concluded that the concept of "decent pay" is still not established and is in constant development. No normative legal act of Ukraine mentions the concept of "decent pay", so there is an urgent need for its constitutionalization. It is not necessary to limit the wording only to the content of such a concept, but also to determine the conditions and guarantees of compliance, provision and protection.

scholarly journals Protection of Human Rights in the Context of Fight against Gene Doping

2020 ◽  
pp. 67-77
Author(s):  
A. I. Redkina ◽  
O. A. Shevchenko ◽  
D. I. Vorontsov
Keyword(s):  
Human Rights ◽  
Criminal Liability ◽  
Legal Regulation ◽  
High Tech ◽  
Human Right ◽  
Gene Doping ◽  
Right To Health Care ◽  
Testing Procedures ◽  
Protection Of Human Rights ◽  
The Right

This article examines issues related to the protection of human rights in the context of the fight against the use of gene doping. The fact of using gene therapy in relation to a person already includes a significant range of potential ethical problems, including probable health risks, the degree of awareness of the patient’s consent to perform certain manipulations, as well as the long-term consequences for a person’s life, and, which is equally important, for future generations. At the same time, the problems of the use of gene doping in relation to athletes significantly aggravates and complicates the process of building regulatory approaches. The article notes the particular susceptibility of the athlete's right to health care in the context of the problem of gene doping. The paper studies the features of the implementation and protection of the human right to protect health and the right to privacy, including legislation aspect of biomedicine and bioethics, as well as taking into account the difficulties associated with the identification of the use of gene doping. Conclusions regarding possible areas for improving legal regulation in this area, among which, strengthening or detailing the legal regulation of the provision of high-tech medical care, properly informing athletes, coaches and other sports professionals about the possible risks of applying genetic engineering methods to humans, proper regulation of testing procedures, toughening criminal liability and expansion of the subject matter of such crimes are formulated.

scholarly journals Inclusive Education for Refugee Children With Disabilities in Berlin—The Decisive Role of Parental Support

2020 ◽  
Vol 5 ◽  
Author(s):  
Felix Steigmann
Keyword(s):  
Inclusive Education ◽  
Parental Support ◽  
Children With Disabilities ◽  
Decisive Role ◽  
Theory And Practice ◽  
Refugee Children ◽  
Structural Level ◽  
Human Right ◽  
Persons With Disabilities ◽  
The Right

Inclusive education for persons with disabilities, although an internationally recognized human right, is far from being fully and adequately implemented. Since this crucial human right does not only apply to citizens, the lack of implementation holds true for refugees, too. Therefore, the present research elaborates on the extent to which the right to inclusive education is ensured for refugee children with disabilities in Berlin as well as on the obstacles and challenges with regard to access to this right. The theoretical basis of this research is formed by an outline and discussion of the manifold legal frameworks on different relevant levels of law and is contextualized by pertinent key concepts. Shedding light on the discrepancy between theory and practice, problem-centered expert interviews with six social workers in Berlin were conducted. These interviews were evaluated and analyzed according to the so-called Grounded Theory. It will be shown that apart from structural shortcomings and resource shortages, the parents' capacity is one of the decisive aspects on which the prospects of inclusive schooling depend on. Within this context, the research focuses on the parent's capacity in terms of, inter alia, knowledge about the education and support system and their personal conditions in either facilitating or constraining their children's access to inclusive education as well as on the importance of social worker's support and consultation measures which aim at strengthening the parent's capacity. Interestingly, this approach shifts away the focus from accusations on a structural level of policymaking to suggestions of improving low-threshold support systems.

scholarly journals The right to inclusive education: why is there so much opposition to its implementation?

2017 ◽  
Vol 14 (3) ◽  
pp. 396-415 ◽  
Author(s):  
Gauthier de Beco
Keyword(s):  
Political Philosophy ◽  
Human Rights ◽  
Inclusive Education ◽  
Disability Studies ◽  
Policy Making ◽  
Interdisciplinary Approach ◽  
Legal Norm ◽  
Persons With Disabilities ◽  
The Right ◽  
The Ideal

AbstractAlthough the Convention on the Rights of Persons with Disabilities (CRPD) proclaims the right to inclusive education, and much attention is being given to the goal of inclusive education in debates on human rights, there are doubts as to whether this right has led to a new direction in policy-making. The under-researched question is: why is there so much opposition to the implementation of the right to inclusive education? This paper examines the question by distinguishing between both the concept and practice of inclusive education. Using a specific interdisciplinary approach in order to critically analyse a legal norm, the paper looks into the very meaning of inclusive education by utilising some central conclusions from disability studies to appraise the ideal of inclusive education, and seeks to resolve related challenges by drawing upon political philosophy to investigate pragmatic solutions to the obstacles to inclusive education. This paper claims that it is thereby possible to incorporate the element of actual achievability into such an ideal.

scholarly journals RIGHT TO INCLUSIVE EDUCATION FOR CHILDREN WITH DISABILITIES AT STAKE IN LITHUANIA /KLAUSIMAI IR IŠŠŪKIAI DĖL NEGALIĄ TURINČIŲ VAIKŲ TEISĖS MOKYTIS ĮTRAUKAUS UGDYMO SĄLYGOMIS LIETUVOJE

2020 ◽  
Vol 1 (41) ◽  
pp. 10
Author(s):  
Jonas Ruškus
Keyword(s):  
Human Rights ◽  
Inclusive Education ◽  
Children With Disabilities ◽  
Medical Model ◽  
Reasonable Accommodation ◽  
State Party ◽  
Persons With Disabilities ◽  
Educational Discourse ◽  
The Right ◽  
Human Rights Standards

<p>Since 2010 Lithuania is a State Party of the Convention on the Rights of Persons with Disabilities of the United Nations. The development of education policy in Lithuania as concerns the right to inclusive education for children with disabilities is analysed as well as the factual trends of education of children with disabilities in segregated and regular educational settings. Author explores the assumption that intersection of the patterns of medical model of and neoliberal mindset in educational discourse impedes the implementation of human rights standards, reasonable accommodation particularly.</p><p>Nuo 2010 m. Lietuva yra Jungtinių Tautų Neįgaliųjų teisių konvencijos šalis narė. Analizuojama švietimo politikos plėtra Lietuvoje, atsižvelgiant į neįgalių vaikų teisę į įtraukųjį ugdymą, taip pat faktinės neįgalių vaikų ugdymo tendencijos segregacinėje ir įprastoje ugdymo aplinkoje. Autorius nagrinėja prielaidą, kad medicininio modelio ir neoliberalios mąstysenos struktūrų susikirtimas edukaciniame diskurse trukdo įgyvendinti žmogaus teisių standartus, ypač tinkamą sąlygų pritaikymą.</p>

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