大流行病对实现人权的挑战

V. Kostytsky, V. Sydor, I. Kostytska, A. Sukhodolska
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引用次数: 1

摘要

:文章以2020年乌克兰民间社会应对由冠状病毒SARS-CoV-2引起的呼吸道疾病covid -19传播的做法为例,论述了大流行背景下的人权和公民权利问题。考虑到人、人的生命和健康是最高的社会价值,人权和自由决定国家活动的内容和方向。由于每个国家的职能都是为了保护普遍承认的权利和自由,这是现代民主法治国家的一个特征。与此同时,近年来法学界在普遍存在的权利滥用、个人自私、个人与群体权利冲突、人与社会权利冲突的背景下,对人权与公民权问题展开了争论。换句话说,在当时的秩序中出现了一场关于国家任命的全文明讨论,以及作为国家根本基础和权宜之计的人文中心主义和社会中心主义的思想。这个问题是由当今文明所面临的全球性挑战造成的:气候保护和淡水、贫穷和腐败、恐怖主义和军事冲突、大规模种族流离失所和流行病。这些问题今天在各大洲都以这样或那样的方式存在,对国际社会来说,特别是对每一个国家来说,但是没有一个行之有效的机制来处理这些问题。关于抗击冠状病毒的传播,很明显,这是一个医疗法律领域的全球性问题,必须在立法的小说化和法律哲学和社会学的层面上加以解决,因为这是一种系统范围的结果,你可以在今天的国家创新实践中使用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Challenges to the realization of human rights under the pandemic
: Th e article deals with the problematic issues of human and civil rights under pandemic on the example of the practice of combating the spread of respiratory disease CO-VID-19 caused by the coronavirus SARS-CoV-2 civil society in Ukraine in 2020. Account has been taken of the fact that the human, his life and health are the highest social value, and that human rights and freedoms determine the content and orientation of State activities. Since every State functioned for the human, in order to protect universally recognized rights and freedoms, it was a feature of a modern democratic State governed by the rule of law. At the same time, in legal science in recent years there has been a debate about the problems of human and civil rights against the background of widespread abuse of rights, individual selfi shness, confl ict of rights of one person and group of people, human and society. Th at is to say, in the order of the day came an all-civilizational discussion about the appointment of the State, the idea of humanocentrism and sociocentrism as the fundamental foundation and expediency of the State. Th e problem is posed by the global challenges faced by present-day civilization: climate protection and freshwater, poverty and corruption, terrorism and military confl icts, massive ethnic displacement and pandemics. In one way or another these problems are present on all continents today, both for the world community and for each State in particular, but there is no well-established mechanism for dealing with them. With regard to combating the spread of coronavirus, it is clear that the problem is a global one in the fi eld of medical law, and that it must be addressed both at the level of the novelization of legislation and at the level of philoso-phy and sociology of law, ‘cause that’s the kind of system-wide results you can use in complex under the state-creative practice today.
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