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  • Title: Providing the rigth to health of involuntarily displaced persons.
    Author: Pashkov V, Liubchenko M, Liubchenko O.
    Journal: Wiad Lek; 2019 Oct 31; 72(10):1989-1994. PubMed ID: 31982028.
    Abstract:
    INTRODUCTION: The article deals with the issues of international law concerning defense of the right to health of involuntarily displaced persons. As a result of the study, it has been demonstrated that providing of the right to health is essential as a requirement for countries, which, in turn, stem from consensus on international cooperation and general support for migrants. The latter are undeniably protected in accordance with documents proclaiming human rights, but for the sake of a more detailed explanation of their rights and the substance of the state’s obligations towards such persons, the international community has created a solid foundation in the form of specialized refugee documents that further emphasize the need protection of the latter as persons who, as a result of their movement, are vulnerable. The aim: To elucidate the international mechanisms for the protection of the right to health of involuntarily displaced persons. MATERIAL AND METHODS: The study used a set of general-philosophical and special-legal methods of scientific research, in particular, dialectical, historical, socio-political, formal-legal and comparative legal methods of scientific research. The historical method of scientific research has been used in the analysis of tendencies of the regulation of the refugee problem from the beginning of the 20th century. The comparative legal method is used in the analysis of the legal regulation of involuntarily displaced persons’ rights by international treaties and conventions, rules of national legislation of Ukraine and foreign legislation. REVIEW: Authors analyze the issue of a migrant’s (social, medical etc.) rights under the principle of equality of refugees’ and citizens’ rights. Reviewing the mechanisms of guarding such rights under treaties it is obvious that these mechanisms have legislative and institutional features. Closer look is taken on the Council of Europe’s mechanism for protecting the rights of refugees with its own normative and institutional features. CONCLUSIONS: As a result of the study, it has been demonstrated that migrants’ rights, including right to health, stem from consensus on international cooperation and general support for migrants. The latter are undeniably protected in accordance with the documents proclaiming human rights. In order to provide a more detailed explanation of their rights and the nature of the state’s obligations towards such persons, the international community has created a solid foundation in the form of specialized refugee documents, which further emphasize the need to protect the latter as persons who, as a result of their displacement, are vulnerable.
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