Open AccessNormative Provision of the Right to Liberty and Integrity of the Person in the Light of International and National Legislation
Author(s) -
V. V. Ablamska
Publication year - 2020
Publication title -
vìsnik harkìvsʹkogo nacìonalʹnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
eISSN - 2617-278X
pISSN - 1999-5717
DOI - 10.32631/v.2020.3.10
Subject(s) - law , human rights , political science , convention , constitution , normative , legislation , fundamental rights , territorial integrity , paragraph , law and economics , sociology , sovereignty , politics
The normative provision of the right to liberty and integrity of the person in the light of international and national legislation has been studied. The provisions of generally recognized international legal acts guaranteeing the right to liberty and integrity of the person have been provided. At the same time, there are also convention regulations, which provide cases of possible restriction of the researched right, and we note that such a right is not absolute in this regard. It has been determined that the norms of the Constitution of Ukraine, which regulate the right to liberty and integrity of the person, comply with international legal acts.
Particular attention has been paid to the analysis of the decisions of the European Court of Human Rights, which emphasize the importance of this right, especially in the context of interpreting the requirements of the Art.. 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. In this regard, it has been emphasized that any restriction of the right to liberty and integrity of the person must comply with the provisions of paragraph 1 of the Art. 5 of the said Convention and in no case go beyond its limits, i.e. to be consistent with its purposes (objective). In case of the violation of this right, a person can apply for the protection of his violated rights to the European Court of Human Rights.
Taking into account scientific points of view, analysis of the relevant provisions of international and legal acts and national legislation, the author has clarified that the right to liberty and integrity of the person is a natural, inalienable and fundamental right of every human being. In this regard, each Member State, having ratified an international treaty guaranteeing the right to liberty and integrity of the person, is obliged to establish an effective legal mechanism for the protection of such a right in national law.