The browser you are using is not supported by this website. All versions of Internet Explorer are no longer supported, either by us or Microsoft (read more here: https://www.microsoft.com/en-us/microsoft-365/windows/end-of-ie-support).

Please use a modern browser to fully experience our website, such as the newest versions of Edge, Chrome, Firefox or Safari etc.

Portrait of Yana Litins'ka

Yana Litins'ka

Senior lecturer

Portrait of Yana Litins'ka

Самоізоляція як протиепідеміологічний захід: захист чи порушення прав людини

Self-isolation as an Anti-epidemiological Measure: Protection or Violation of Human Rights

Author

  • Yana Litins'ka
  • Oleksandra Karpenko

Summary, in English

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.

Department/s

  • Human Rights Law
  • Norma Research Programme
  • Health Law
  • Public Law
  • Department of Law
  • Public International Law

Publishing year

2020-10

Language

Other

Pages

49-66

Publication/Series

Медичне право

Volume

26

Issue

2

Document type

Journal article

Topic

  • Law

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

Status

Published

Research group

  • Human Rights Law
  • Norma Research Programme
  • Health Law
  • Public Law
  • Public International Law

ISBN/ISSN/Other

  • ISSN: 2072-084X