Самоізоляція як протиепідеміологічний захід: захист чи порушення прав людини

• 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.

Subject headings

SAMHÄLLSVETENSKAP  -- Juridik (hsv//swe)

SOCIAL SCIENCES  -- Law (hsv//eng)

Keyword

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

Publication and Content Type

art (subject category)

ref (subject category)