The urgency of the issue studied is stipulated by the need to understand the state of human rights in health care implementation through an analysis of the practice of the European Court of Human Rights The purpose of the study is to clarify understanding of the content of human rights in the field of health care by the European Court of Human Rights (following the Court's practice on Articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms) and to identify ways of improving these rights. The main approach to research on the issue of human rights protection in the field of health care is to systematically analyze the practice of the European Court of Human Rights. The expediency of adopting a separate protocol to Convention for the Protection of Human Rights and Fundamental Freedoms, the subject matter of which will be human rights in the field of health care, which can be an effective means of protecting human rights in the field of health care, is indicated.
The urgency of the study is stipulated by the necessity to clarify the criteria allowing courts to determine a balance between the right to freedom of expression (Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms) and the right to reputation protection as part of the right to privacy (Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms), given the complex nature and equivalence of these rights on conditions of a a democratic society. The purpose of the article is to elucidate, through the European Court of Human Rights practice, the provisions allowing defamation cases to be resolved and additional criteria that can be used to consider such cases to be formed. The research is based on the perception of human rights as natural, inalienable and equal human opportunities, which are universal in nature, but may have a regional content, allowing us to talk about the social and cultural nature of law in general. The study takes into account the implicit nature of the Convention for the Protection of Human Rights and Fundamental Freedoms provisions, which enshrine the relevant human rights, respectively, it is the decisions of the European Court of Human Rights that are “filling” these rights with the “content”. The principle of the Convention’s norms dynamic interpretation is taken into account by the Court, which ensures the effectiveness of human rights institutions and a modern understanding of the content of protected rights. The article clarifies that the criteria for finding a balance between the right to freedom of expression and reputation protection are the following: the content of the publication; degree of public interest in disseminated information; the degree of publicity of the interested person, the form and consequences of the publication, the method of obtaining information, the behavior of the interested party to the publication; as additional criteria for determining the balance between the right to freedom of expression and the protection of reputation, it is suggested to use the purpose of the publication (whether, the publication aims to create a “platform” for discussion of public interest or is used as a means of black PR or this interest is limited to unhealthy curiosity), as well as the results of linguistic examination.
The urgency of the research is stipulated by the necessity to critically reflect on functioning of an innovative form of legal education – a legal clinic in order to determine the possibility of clinical education to be a factor in the development of students’ emotional intelligence and professional ethics. The purpose of the article is to systematically cover the possible positive and negative aspects of the widespread introduction of legal clinic as a means of individual students’ qualities development into law education. The study is based on the method of systematic analysis, allowing comprehensively cover legal clinics functions and critically evaluate the impact of legal clinics on emotional intelligence and professional ethics of future lawyers’ development. The article shows that legal clinic, being an innovative form of legal education aimed at developing practical skills of future lawyers, performs both educational and social functions. Legal clinic promotes the development of emotional intelligence (allowing students to better understand and control their emotion, as well as to adequately perceive the client's psychological state, choosing appropriate tactics of behavior) and professional ethics (understanding the importance of the principle of the rule of law, the priority of human rights, awareness of the role of a lawyer in society and the importance of pro bono activities). Article materials can be used for further study of legal clinics impact on the future law practitioners’ individual qualities development, and can also be the benchmarks for improving the legal clinical education.
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