Самоізоляція як протиепідеміологічний захід: захист чи порушення прав людини

Research output: Contribution to journalArticle

Abstract

In this article we review the legal regulation of an obligation to self-isolate in Ukraine. For the period from 22 April 2020 till 22 June 2020 four groups of persons were obliged to self-isolate due to COVID-19. These groups are: persons diagnosed with or suspected to have COVID-19, persons that have been in contact with those diagnosed with COVID-19, those who consented to self-isolation when entering Ukrainian borders instead of being placed in special facilities, and everyone aged 60 and above. In the article, we analyse whether an obligation to self-isolate should be viewed as interference with the right to liberty and security or with the freedom of movement for each of these groups. The analysis focuses on the Constitution of Ukraine and the European Convention for the Protection of Human Rights and Fundamental Freedoms. We also study circumstances when the above-mentioned rights can be limited lawfully in cases related to spread of infectious diseases, such as COVID-19. This article questions if the actions of Ukrainian government and existing legal regulation of obligatory self-isolation meet the requirements of lawful limitation of rights.

Details

Authors
Organisations
Research areas and keywords

Subject classification (UKÄ) – MANDATORY

  • Law

Keywords

  • COVID-19, Constitutional Law, Ukraine, ECHR, Freedom of movement, Right to liberty, Self-isolation, Proportionality, Elder law
Translated title of the contributionSelf-isolation as an Anti-epidemiological Measure: Protection or Violation of Human Rights
Original languageOther
Pages (from-to)49-66
Number of pages17
JournalМедичне право
Volume26
Issue number2
Publication statusPublished - 2020 Oct
Publication categoryResearch
Peer-reviewedYes