Interaction between international human rights law, international humanitarian and criminal law in ensuring the right to health in armed conflicts

Keywords: armed conflicts, the right to health, international humanitarian law, international human rights law, the rights and responsibilities of healthcare professionals

Abstract

The article presents a theoretical analysis of the tools for guaranteeing and securing the right to health in armed conflicts. It has been determined that in the system of international legal regulation of medical care, international humanitarian law and IPHR are complementary legal systems.

The approach to the right to health in armed conflict from the point of view of the MLSP is based on the principles of non-discrimination and equality, as well as on the right to affordable, acceptable and quality medical care. Two factors: on the one hand, raising awareness of the obligation to respect the rights to protect medical personnel and the right to receive safe and timely medical care, and, on the other, to accountability, to better fulfill these obligations, can be an effective way to improve the health situation staff and patients during armed conflict. This is a sound basis for the implementation of several recommendations of the XXXI International Conference of the Red Cross and Red Crescent to disseminate and better disseminate knowledge of the obligations arising from international humanitarian law and the ICCPR.

The delineation of the spheres of regulation of international humanitarian law and the IPPL in the context of armed conflict has been studied. It is concluded that international humanitarian law is more subject to regulation in armed conflicts, whereas the ICCL, with a constantly broader scope both in peacetime and in armed conflicts, has a lesser degree of legal detail, that is, more international humanitarian law. regulates those human rights and freedoms that arise in it only with the occurrence of a legal fact - the beginning and / or end of an armed conflict.

The basic international legal acts that regulate the observance of the right to health during armed conflict are analyzed and their interrelation is examined.

It is determined that the responsibility for observing the right to health and medical care rests with the States Parties to the United Nations General Assembly and the World Health Assembly and is distributed in proportion to the economic and social development of the countries: if the conflict extends beyond one country, economically developed countries should assist developing countries.

Possible restrictions on human rights aimed at preventing the spread of infectious diseases for reasons of national security or public order are outlined.

It is determined that the opportunity to receive medical care for all those who need it, in the conditions of armed conflict, is a guarantee of the exercise of the rights of medical personnel working in the conflict zone.

References

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How to Cite
Habrelian, H. (1). Interaction between international human rights law, international humanitarian and criminal law in ensuring the right to health in armed conflicts. Law Review of Kyiv University of Law, (2), 232-237. https://doi.org/10.36695/2219-5521.2.2019.40
Section
The legal system of Ukraine and international law, comparative legal studies