The article is devoted to the study of the problems of ensuring the child's right to health, namely the right to mental health in the conditions of war. Children are one of the least protected groups of the population and the most vulnerable in times of war. Customary international humanitarian law guarantees that children affected by armed conflict are entitled to special respect and protection among the various categories of persons under special protection. Mental health is an integral determinant of a child's overall health. The challenges to mental health and psychological well-being and development of children caused by the full-scale war have also affected the realisation of the right to health. Based on the analysis of special legal and psychological studies, the author reveals general approaches to the analysis of the essence and content of mental health as an integral part of the child's overall health. The basic scientific and theoretical concepts of using the concepts of "health", "mental health", "mental well-being" are considered. The terminology "mental health" / "psychological health", "mental well-being" / "psychological well-being" is studied and differentiated. The author argues that the use of the term "psychological health" is erroneous when interpreting the content of the concept of "health", identifying it with the related concept of "mental health". The multidisciplinary, complex nature of the phenomena under study is emphasised. The multidisciplinary, complex nature of the phenomena under study is emphasised. The author's definitions of the categories "mental health" and "child's mental health" as an object of law are proposed. The article provides a general theoretical overview of a child's personal non-property right to health and examines the main concepts of rationality of using the concepts of "right to health" and "right to healthcare". Particular attention is paid to the study of international legal and national acts that guarantee the rights related to such intangible good as child health, including mental health. The author analyses the norms of international humanitarian law containing guarantees for the realisation of the child's right to health in time of war, according to which children in the zone of hostilities and armed conflicts, as well as those children who have suffered as a result of hostilities, should be protected. The author comments on the normative definition of the concept of "child affected by hostilities and armed conflicts" in terms of its compliance with modern realities and formulates proposals for improving the legislation in the field of research, which will contribute to the improvement of child mental health protection and the development of the Ukrainian system of psychological assistance and psychosocial support for children. The elements of the legal mechanism for the implementation, protection and defence of the child's right to mental health should include prevention; timely identification of children in need of psychological assistance; and provision of a wide range of psychological services. Educational institutions should play a primary role in ensuring the child's right to mental health.
This publication is dedicated to the study of problematic aspects of the legal regulation of education service provision with the use of information and communication technologies and modern digital education platforms in the context of quarantine restrictions and the development of e-education in Ukraine. Based on the analysis of the current legislation governing the relations with the provision of educational services the tendencies in the normative framework for the organization of the educational process in the conventional mode of mandatory compliance with all public policy requirements were identified, in a mixed (combined) form and with the use of distance learning technologies during the period of self-isolation and quarantine due to the spread of the COVID 19 coronavirus disease. The meaning of the legal regulation of relations in the field of educational services provision is seen through the prism of doctrinal understanding of legal regulation as the effect of the rules of law on the subjects of these legal relations, aimed at ensuring the process of providing educational services in the established order. It has been concluded that the widespread use of distance learning over the past two years has been approved at the level of secondary legislation and regulations, an analysis of their contents allowed us to identify positive and negative trends in the regulatory process (absence of certain terminological constructions on the scale of "mixed (combined) form of educational process organization", "online educational service", etc.) and to identify the characteristics of online educational services. The main impact on the legal regulation of the education sector has been shown to be the digital transformation caused by the COVID-19 pandemic. Lowdowns and quarantine restrictions have only become catalysts for the inevitable digitalization of education service provision. It has been found that digitalization of educational services is a global trend and that digital development is a prerequisite for the successful realization of each person's potential. As a consequence, it is believed that the regulation of online educational services, the establishment of requirements for digital competences for various occupational groups can solve a number of problems of an applied nature. In summary, the main vector of implementation of the legislation governing the provision of educational services under conditions of compulsory distance learning must remain the respect for people's rights. The solution of this problem is seen to be based on a balance between the interests of individuals and society, in line with the Ukrainians' request for adherence to the fundamental principles of civil society and implementation of the European experience of the regulation of private legal relations.
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