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PROVISION OF THE RIGHT TO NON-INTERFERENCE WITH PRIVACY DURING MUSTER PROCESS WITH THE PARTICIPATION OF DOCTOR

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This summary is machine-generated.

The right to privacy is crucial for health protection, especially during health crises. Legal frameworks must define state intervention limits to safeguard individual rights while ensuring public safety.

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Area of Science:

  • Law
  • Public Health
  • Human Rights

Background:

  • The COVID-19 pandemic highlighted the tension between state intervention and the right to privacy.
  • Ensuring the right to non-interference in privacy is essential for realizing the right to health protection.
  • The study addresses the need to define permissible limits of state intervention in privacy during public health emergencies.

Purpose of the Study:

  • Investigate the concept of the right to non-interference in privacy.
  • Analyze problems in ensuring this right, particularly during muster processes involving medical professionals.
  • Develop proposals for improving Ukrainian legislation.

Main Methods:

  • Utilized general and specific scientific methods, including formal-logical, comparative-legal, and structural-logical approaches.
  • Empirical base includes international documents, European Court of Human Rights (ECHR) decisions, Ukrainian legal acts, and expert assessments.
  • Analysis of ECHR case law in medical and legal contexts.

Main Results:

  • Restrictions on the right to privacy are permissible only when legally guaranteed and necessary for protecting the state, society, or individuals.
  • Involvement of forensic experts or doctors aids in identifying criminal offenses and threats to health during muster processes.
  • These professionals help define the boundaries of permissible state intervention.

Conclusions:

  • Further comprehensive investigation is needed to effectively implement the right to non-interference in private life and health protection.
  • Legislative amendments to Ukraine's Criminal Procedure Code are proposed.
  • Balancing privacy rights with public health imperatives requires ongoing legal and ethical consideration.