Open AccessRestrictions on the rights to liberty and security of person in the conditions of COVID -19
Author(s) -
Yu. Bukhta
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.68.6
Subject(s) - human rights , context (archaeology) , principle of legality , legislation , political science , fundamental rights , law , freedom of movement , right to health , right to privacy , law and economics , business , sociology , paleontology , biology
The article provides a comprehensive analysis of the theoretical provisions and legal basis for establishing restrictions on the rights to liberty and security of person in terms of preventing the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2 in Ukraine.The study argues that the implementation of human rights restrictions in the context of preventing the spread of the COVID-19 pandemic should be based on criteria of quality of law, justification of purpose and public necessity.Based on the analysis of certain provisions of the current legislation, which establish restrictions on human rights during a pandemic, it was found that most often in a pandemic are a restriction of the right to respect for private life; the right to liberty and the right to security of person; the right to freedom of movement; the right to freedom of peaceful assembly; the right to freedom of religion; the right to access medical care and some others.The article analyzes the various restrictions on human rights to liberty and security of person in the context of the spread of the disease. Among them, considerable attention is paid to the study of the legality of compulsory hospitalization of patients to observers, the use of the service “Action. Home” in the context of interference in the privacy of a person and restricts his personal rights and freedoms; appropriate measures to prevent the spread of acute respiratory disease COVID-19 caused by SARS-CoV-2 coronavirus in pre-trial detention facilities and penitentiary institutions.It is proved that today the legislation of Ukraine does not develop a unified approach to the establishment and regulation of quarantine restrictions in the field of human rights. There are many cases of contradictions between the current legislation in this area and acts designed to establish certain restrictions on the exercise of their rights to liberty and security of person.