Introduction:The article deals with the issues of international law concerning defense of the right to health of involuntarily displaced persons. As a result of the study, it has been demonstrated that providing of the right to health is essential as a requirement for countries, which, in turn, stem from consensus on international cooperation and general support for migrants. The latter are undeniably protected in accordance with documents proclaiming human rights, but for the sake of a more detailed explanation of their rights and the substance of the state's obligations towards such persons, the international community has created a solid foundation in the form of specialized refugee documents that further emphasize the need protection of the latter as persons who, as a result of their movement, are vulnerable. The aim: To elucidate the international mechanisms for the protection of the right to health of involuntarily displaced persons. Materials and methods:The study used a set of general-philosophical and special-legal methods of scientific research, in particular, dialectical, historical, socio-political, formal-legal and comparative legal methods of scientific research. The historical method of scientific research has been used in the analysis of tendencies of the regulation of the refugee problem from the beginning of the 20th century. The comparative legal method is used in the analysis of the legal regulation of involuntarily displaced persons' rights by international treaties and conventions, rules of national legislation of Ukraine and foreign legislation. Review: Authors analyze the issue of a migrant's (social, medical etc.) rights under the principle of equality of refugees' and citizens' rights. Reviewing the mechanisms of guarding such rights under treaties it is obvious that these mechanisms have legislative and institutional features. Closer look is taken on the Council of Europe's mechanism for protecting the rights of refugees with its own normative and institutional features. Conclusions: As a result of the study, it has been demonstrated that migrants' rights, including right to health, stem from consensus on international cooperation and general support for migrants. The latter are undeniably protected in accordance with the documents proclaiming human rights. In order to provide a more detailed explanation of their rights and the nature of the state's obligations towards such persons, the international community has created a solid foundation in the form of specialized refugee documents, which further emphasize the need to protect the latter as persons who, as a result of their displacement, are vulnerable.
The aim: Is to analyze the development of the modern legal framework for child's health care, to clarify the benefits of a human rights-based approach, which is now is mainstreaming for understanding the right of children to health and means of its protection. Materials and methods: To achieve this goal, as well as taking into account the specifics of the topic, the following research methods became relevant: the application of a dialectical approach and historical method made it possible to understand the patterns of formation and development of ideas of children's rights and health within the international community and national states; formal-legal method was used when studying legal texts (international law acts, both of universal and regional level, interpretation and clarification of human rights treaty bodies, expert reports and research, case law), and comparative-legal was used to compare different approaches on health protection in various international human rights mechanisms (US Supreme Court, Council of Europe). Conclusions: Today, perceptions of children's rights at the doctrinal and jurisprudential levels are quite developed due to a broad understanding and openness to progressive interpretation. In particular, the inclusion into the legal context such determinants as the inviolability of the dignity and private life of the child, proper understanding of the stages of adulthood, and an assessment of the child's developmental environment has made modern international law and national legal systems to become more viable in sense of protection of child's well-being in today's world.
The aim: The article attempts to analyze what are legal responses to such Covid-19 related challenge like stigmatization. Materials and methods: Given the specifics of the topic and goals, during the writing of the article were used methods of terminological research of the phenomena “stigma”, “stigmatization”, comparative method, formal-legal method (in the study of international documents). The following materials were used to reveal the topic: scientific papers (articles, book chapters, analytical materials, reports, etc.), international legal acts, court decisions (decisions of the European Court of Human Rights, decisions of the US Supreme Court, decisions of national courts of different countries). Conclusions: More than a year after the spread start of Covid-19, it has become clear that in addition to the extremely catastrophic impact on human health and life, the pandemic, as well as the resulting quarantine restrictions, have profound and sometimes radical social consequences. Stigmatization of based on their infection with Covid-19 (including possible) has become one of these. The current international human rights framework allows for the assessment of such processes according to its standards. Implications of dignity and privacy as the highest social values pave the way to finding legal mechanisms to protect people who are carriers of a disease from being stigmatized. This is demonstrated by the legal justifications developed by the courts – the ECtHR as supranational and national Supreme and federal courts, which have been the subject of analysis within this article.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2025 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.