Consideration of State of Human Health During Applying Restrictive Measures

Abstract

The aim: To establish optimal ways of solving a scientific problem of how a human health may affect his / her election, change or revocation of a restraint measure, and establish the state of affairs and scientific approaches of considering human health during applying precautionary measures. Materials and methods: This study was conducted in 2021. It was used 2 judgments of the European Court of Human Rights (ECHR), 5 materials of analytical studies conducted by international organizations, as well as 2 normative legal documents as an empirical basis. General methods (induction, synthesis, system method), as well as special scientific methods (special -legal method, comparative- legal) are used. Conclusions: Health should be taken into account during choosing a restraint measure in at least one of the following cases: the state of human health provides for application of a precautionary measure of this kind, at the election of which he/she will be able to exercise the constitutionally guaranteed right to health care; the state of human health at the chosen precautionary measure has worsened and the person needs mitigation of conditions of precautionary measure for the purpose of effective treatment; the person fell ill during detention, and the conditions of medical care in places of detention cannot promptly ensure his/her proper treatment; it is necessary to prevent the infection ofother persons, usually those who are in custody.