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Самоізоляція як протиепідеміологічний захід: захист чи порушення прав людини

Litins'ka, Yana LU and Karpenko, Oleksandra (2020) In Медичне право 26(2). p.49-66
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... (More)
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. (Less)
Please use this url to cite or link to this publication:
author
and
organization
alternative title
Self-isolation as an Anti-epidemiological Measure: Protection or Violation of Human Rights
publishing date
type
Contribution to journal
publication status
published
subject
keywords
COVID-19, Konstitutionell rätt, Rörelsefrihet, Frihetsberövande, Europakonventionen, Ukraina, Äldrerätt, Proportionalitet, Mänskliga rättigheter, COVID-19, Constitutional Law, Ukraine, ECHR, Freedom of movement, Right to liberty, Self-isolation, Proportionality, Elder law
in
Медичне право
volume
26
issue
2
pages
17 pages
ISSN
2072-084X
DOI
10.25040/medicallaw2020.02.049
language
Other
LU publication?
yes
id
214daffc-771e-464c-8ed4-6b3ba3bd42a1
alternative location
http://medicallaw.org.ua/fileadmin/user_upload/pdf/2_26_karpenko.pdf
date added to LUP
2020-09-14 17:33:52
date last changed
2020-10-27 10:15:54
@article{214daffc-771e-464c-8ed4-6b3ba3bd42a1,
  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.},
  author       = {Litins'ka, Yana and Karpenko, Oleksandra},
  issn         = {2072-084X},
  language     = {mis},
  number       = {2},
  pages        = {49--66},
  series       = {Медичне право},
  title        = {Самоізоляція як протиепідеміологічний захід: захист чи порушення прав людини},
  url          = {http://dx.doi.org/10.25040/medicallaw2020.02.049},
  doi          = {10.25040/medicallaw2020.02.049},
  volume       = {26},
  year         = {2020},
}