scholarly journals Self-isolation as an Anti-epidemiological Measure: Protection or Violation of Human Rights

Medicne pravo ◽  
2020 ◽  
Vol 2020 (2) ◽  
pp. 49-66
Author(s):  
Y. G. LITYNSKA ◽  
◽  
O. V. KARPENKO ◽  
◽  
Keyword(s):  
Human Rights ◽  
Infectious Diseases ◽  
Key Words ◽  
Legal Regulation ◽  
Freedom Of Movement ◽  
Protection Of Human Rights ◽  
The Right

In this article we review the legal regulation of an obligation to self-isolatein Ukraine. For the period from 22 April 2020 till 22 June 2020 four groupsof persons were obliged to self-isolate due to COVID-19. These groups are:persons diagnosed with or suspected to have COVID-19, persons that havebeen in contact with those diagnosed with COVID-19, those who consentedto self-isolation when entering Ukrainian borders instead of being placed inspecial facilities, and everyone aged 60 and above. In the article, we analysewhether an obligation to self-isolate should be viewed as interference with the right to liberty and security or with the freedom of movement for eachof these groups. The analysis focuses on the Constitution of Ukraine and theEuropean Convention for the Protection of Human Rights and FundamentalFreedoms. We also study circumstances when the above-mentioned rights canbe limited lawfully in cases related to spread of infectious diseases, such asCOVID-19. This article questions if the actions of Ukrainian government andexisting legal regulation of obligatory self-isolation meet the requirements oflawful limitation of rights. Key words: self-isolation, right to liberty and security, freedom of movement,ECHR; COVID-19.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

scholarly journals The Securing a Claim in the Context of Sustainable Development: An Evaluation of the Latvian Experience

2021 ◽  
Vol 10 (4) ◽  
pp. 281
Author(s):  
Andrejs Gvozdevičs
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Theory And Practice ◽  
The Sustainable Development ◽  
Legal Norms ◽  
Inductive Methods ◽  
Protection Of Human Rights ◽  
The Right

Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law. An important guarantee, such as the enforcement of a court judgment, is also enshrined in human rights theory and practice, as unenforced judgments pose a threat to legal stability, which is one of the fundamental basis for the sustainable development of society. The institute of law of the securing a claim serves in cases where execution of the future judgment may be impossible or made substantially more difficult. The aim of the research is to study the legal framework, which determines the regulations of the securing a claim in Latvia in order to make proposals for enhancement of the legal framework. The research deployed descriptive, analytical and deductive-inductive methods as well as the methods of interpretation of legal norms. Using these methods, legal acts, views of legal scientists and case law were reviewed and analyzed, and subsequently conclusions and recommendations were made. Analyzing the development of the securing a claim it can be admitted that this institute of law in Latvia has problems as the application of the securing a claim in court practice within the framework of limited adversarial and dispositivity principles, as well as shortcomings in the theoretical foundations of the securing a claim which are based on the findings of legal scientists of the last century. As a result of the research, the author drew the conclusions, that Latvia does not make sufficient use of the long-standing successful procedural solutions for securing a claim in others states, such as court mortgages, bank guarantee or mortgage of the plaintiff to secure the defendant's losses, defendant's protection letter to protect against unjustified securing a claim, a possibility to secure a claims which are not financial in nature and many more that can make legal regulation of the securing a claim more modern and effective.

scholarly journals PARTICULAR ASPECTS OF THE NECESSITY OF LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE IN UKRAINE

Legal Ukraine ◽  
2021 ◽  
pp. 6-24
Author(s):  
Kseniia Zhyhalova
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Intellectual Property ◽  
National Security ◽  
Key Words ◽  
Data Protection ◽  
Legal Regulation ◽  
Protection Of Human Rights ◽  
Security Questions

The purpose of the study was to demonstrate particular legal and objective reasons for necessity and expediency of legal regulation advancement, development and usage of Artificial Intelligence (AI) in Ukraine. Chapter 1 «Understanding of Artificial Intelligence» gives examples of AI applications, doctrinal and diverse legal definitions of AI. Chapter 2 «Necessity and Expediency of legal regulation of Artificial Intelligence in Ukraine» shows the necessity of legal regulation, exemplifies the gaps in current legislation. This Chapter demonstrates that it is paramount to establish protection of IP rights within AI legal relationships in Ukraine. Also, Chapter 2 analyzes particular issues in AI and national, international and social security, questions of data protection. Chapter 3 «Conclusion» demonstrates that absence of specific AI regulation could potentially lead to numerous problems in public/private sectors, for economics, businesses, civilians. Key words: Artificial Intelligence (AI), legal regulation of AI, intellectual property (IP) protection, national security, protection of human rights and freedoms, data protection.

scholarly journals LEGAL REGULATION OF RESTRICTIONS ON FREEDOM OF MOVEMENT DURING THE SPREAD OF COVID-19

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 211-217
Author(s):  
E. V. Kazantseva
Keyword(s):  
Human Rights ◽  
Human Health ◽  
Russian Federation ◽  
Legal Regulation ◽  
National Legislation ◽  
Freedom Of Movement ◽  
Human Value ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Right

The article analyzes the norms of international and national legislation regulating the procedure for re-stricting the right of a person (a citizen of the Russian Federation and a foreign citizen) to freedom of movement and the grounds for such restriction. It is concluded that the restriction of human rights to freedom of movement is a consequence of the protection of the highest human value «the right to protect human health». Based on the study of legal acts of constituent entities of the Russian Federation with different names, such as «the emergency», «On the restriction of the right to freedom of movement and the introduction of high alert» and so on, taken to prevent the spread of coronavirus infection (2019-nCoV), the author points out the shortcomings of the highest officials of subjects of the Russian Federation in the preparation and adoption of legal acts, which restricted the right of citizens to freedom of movement on the territory of the Russian Federation.

scholarly journals ISSUES OF THE EXECUTION OF JUDGEMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN UKRAINE AND THEIR POSSIBLE SOLUTIONS

2020 ◽  
Vol 33 (20) ◽  
pp. 23-29
Author(s):  
R. O. Nepyipa
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
The State ◽  
State Budget ◽  
Public Authorities ◽  
Special Procedure ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right

The article analyzes the problems of implementation of the decisions of the European Court of Human Rights by Ukraine. In this context, too, the key problems and peculiarities of the current state of implementation of Ukraine’s judgments of the European Court of Human Rights are highlighted. It is emphasized that the enforcement of judgments by Ukraine is an important guarantee of ensuring the right to a fair trial. However, the lack of proper enforcement is recognized by the European Court of Human Rights as a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms. It is emphasized that the problematic issue in the implementation of ECHR decisions is that the state executor, as a representative of the public authority, receives a salary from the State Budget of Ukraine, but is obliged, according to executive documents, to act against his state. Thanks to the planned reform of the State Bailiffs’ Service of Ukraine, it is envisaged to create a private system of enforcement of court decisions, since a non-governmental institution would not be more effective in this case. The problem of determining the location of the collector by the ECtHR is considered. It is suggested that in order to find out the location (location) of the collector, in accordance with the ECtHR decision, a special procedure should be provided, a list of necessary actions to be taken by a state body. In particular, such actions may be sending requests to the last known place of work. It is emphasized that legal and political risks for Ukraine are that the violating state may be subject to various sanctions, such as deprivation of voting rights or suspension of membership, up to and including exclusion from the Council of Europe. It is proved that the source of inefficient work of the executive service should be sought, first of all, in imperfect legal regulation, numerous legislative restrictions, and insufficient state costs for the implementation of ECtHR decisions. The experience of Germany on the practice of implementing ECtHR decisions is considered and it is proposed to borrow the experience of foreign countries in the current situation. It is noted that an important step of Ukraine towards European statehood is to increase the level of national protection of citizens and to adopt a law that provides for the accountability of public authorities and their officials for inaction in the implementation of ECtHR decisions. Keywords: European Court of Human Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, judgment, enforcement, general measures.

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.

Anti-terrorism control orders: liberty and security still in the balance

Legal Studies ◽  
2009 ◽  
Vol 29 (1) ◽  
pp. 99-126 ◽  
Author(s):  
Ed Bates
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Freedom Of Movement ◽  
House Of Lords ◽  
Protection Of Human Rights ◽  
The Subject ◽  
The Government ◽  
Control Orders ◽  
The Right ◽  
Proper Balance

The compatibility of anti-terrorism control orders with Arts 5 and 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 was the subject of litigation culminating in three House of Lords' judgments in late 2007, and a further case on Art 6 will be argued before a nine-panel House of Lords in March 2009. To date, the litigation has required important modifications to be made to how control orders work, but the regime provided by the Prevention of Terrorism Act 2005 remains essentially intact. The government therefore claims that control orders strike an appropriate balance between the interests of liberty and security. This paper critiques the role played by the courts in challenging control orders under human rights laws. It argues that it is necessary to incorporate the right to freedom of movement into UK law in order to allow a proper balance between liberty and security to be effected by the courts.

scholarly journals EUROPEAN STANDARDS FOR THE RIGHT TO FREEDOM OF MOVEMENT AND RIGHT TO FREE CHOICE OF RESIDENCE

2020 ◽  
pp. 63-68
Author(s):  
K. Yablunovska
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Scientific Knowledge ◽  
Free Choice ◽  
Legal Regulation ◽  
Member States ◽  
Freedom Of Movement ◽  
Eu Member States ◽  
The Right ◽  
Rule Making

The article examines the system of standards for the right to freedom of movement and the right to free choice of residence that exist in the European Union. A wide range of general and special legal methods and techniques of scientific knowledge are used, in particular: comparative law, systemstructural and formal- dogmatic research methods, as well as the methods of scientific knowledge (analysis and synthesis, induction and deduction, classification, etc). As a result of the study, the author substantiates the scientific position that the existing system of standards for the right to freedom of movement and the right to free choice of residence in Ukraine only partially meets the standards of these rights that exist in EU member states. The difference between these standards exists on the level of specifics of legal regulation for the implementation of these human rights by family members of citizens of EU member states, as well as the goals pursued by the implementation of relevant standards. Bringing Ukrainian standards of these human rights in line with European counterparts involves rule-making activities of public administration. The source of such rule-making should be Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (2004). The effectiveness of bringing Ukrainian standards for the right to freedom of movement and the right to free choice of residence in line with EU standard will be increased significantly if the public administration has standards for legal regulation of relations between it and individuals in the process of exercising these rights by the latter. In our opinion, the Allgemeine Verwaltungsvorschrift zum Freizügigkeitsgesetz / EU (AVV zum FreizügG / EU) (General Administrative Code of the Law on Freedom of Movement of Citizens) can be considered as such a standard, as it is created in strict accordance with the EU Directive and other EU legal acts

scholarly journals International legal regulation of somatic human rights

2021 ◽  
pp. 62-67
Author(s):  
Ivanna Maryniv ◽  
Anastasiya Yarmak
Keyword(s):  
Human Rights ◽  
Applied Ethics ◽  
Legal Regulation ◽  
Legal Aspects ◽  
European Convention ◽  
European Court ◽  
Protection Of Human Rights ◽  
Bioethical Issues ◽  
The Right ◽  
Human Rights Standards

A problem statement. The development of biology and medicine has led to the formation of a new philosophical discipline and section of applied ethics - bioethics. In the legal field, this development can be traced to the emergence of a new group of human rights - somatic rights, relating to the human authority to dispose of his body intervention. The author`s aim is to analyze international legal acts that directly or indirectly relate to the legal regulation of somatic rights, as well as, the practice of protection of such rights in the European Court of Human Rights. Аnalysis of research and publications. Bioethical issues are increasingly attracting the attention of authors working in various fields of scientific knowledge, among them Ę J. Sudo, Di Bernardo J., Ramon L. Lucas, E. Zgrechcha, B. Yudin, A. Ivanyushkin, M. Chashchin, O. Lishchynska-Mylyan, S. Pustovit, I. Boyko and others. P. Witte, S. Stetsenko, I. Senyuta, R. Grevtsova, M. Medvedev, A. Abashidze, A. Solntsev, E. Tarasyants. In other way, Sedova, A. Ovsyuk, P. Tishchenko, G. Tereshkevich, O. Kashintseva explore the legal problems of bioethics, in particular, their international legal aspects. The main text. The article examines how bioethical, biomedical and somatic rights are enshrined in the Council of Europe Convention for the Protection of Human Rights and Dignity in the Use of Biological and Medical Achievements 1997: the Convention on Human Rights and Biomedicine (Oviedo Convention). The case law of the European Court of Human Rights examines the main groups of violated rights of applicants, which are indirectly related to the protection of bioethical, biomedical and somatic rights, namely: violations of reproductive human rights (right to legal abortion, right to give birth at home), violation of consent to medical examination or treatment, violation of the rights of HIV-infected / serious diseases. Two main features of the introduction of bioethical standards in lawmaking are considered: ensuring a balance of interests (holism against individualism) and the application of the precautionary principle as one of the ethical principles. Conclusions. Despite the fact that the right to health refers to international human rights standards, the implementation of which is carried out at both national and international levels, at present, neither at the universal level nor at the regional level. levels do not create specialized international legal mechanisms for the protection of biomedical rights. In most cases, these rights are protected by recourse to the European Court of Human Rights for finding violations of the relevant articles of the European Convention on Human Rights and Fundamental Freedoms: the right to life, the prohibition of torture, and privacy.

Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

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