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Tatsiy, V. Y..
    Independent forensic medical examination as a mean of proving the facts of a torture usage [Text] / V. Y. Tatsiy, V. A. Zhuravel, Avdeeva G. K. // Wiadomosci lekarskie. - 2019. - Vol. 72, Iss. 12, cz. 2. - P. 2596-2601
   Перевод заглавия: Независимая судебно-медицинская экспертиза как средство доказательства фактов применения пыток

УДК

343.98

340.66

ББК Х629.341.311 + Х629.4
РУБ DOI: 10.36740/WLek201912234

Аннотация: Introduction: In most countries detainees are often subjected to physical and mental abuse by law enforcement officials, but very rarely victims of torture can prove the guilt of these offenders due to the poor quality of findings of state forensic medical and forensic psychiatric experts and due to inconsistency of their findings with international guidelines (Istanbul Protocol). The aim: To determine the role of forensic medical examination in the investigation of torture crimes, to provide arguments for necessity to security of the victim’s right to collect evidence independently, including through using of special knowledge of independent forensic medical and forensic psychiatric experts in criminal proceedings. Materials and methods: The authors used the European Court of Human Rights (ECHR) Decisions on the complaints of the victims’ torture, international and Ukrainian human rights legal acts, the results of numerous torture investigations conducted by medical and criminalistics scientists. The research is carried out on the basis of a harmonious combination of philosophical approaches, general and special scientific methods. Conclusions: In order to exercise the rights of victims of torture in accordance with the Convention on Human Rights and Fundamental Freedoms, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and according to other international and Ukrainian legal acts on human rights the arguments given for the need to enable the victim to engage independent forensic medical and forensic psychiatric experts to provide their conclusions in torture-related criminal proceedings

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Tiutiuhin, V. I..
    Legal restrictions on medical intervention during operation on female genitalia for non-medical purposes [Текст] / V. I. Tiutiuhin, A. O. Baida, V. V. Bazeliuk // Wiadomosci lekarskie. - 2020. - Vol. 73. Iss. 12 . cz. 2. - P. 2909-2914
   Перевод заглавия: Правовые ограничения на медицинское вмешательство во время операции на женских гениталиях в немедицинских целяхРУБ PubMed ID33611302

Аннотация: OBJECTIVE: The aim: To identify problems associated with non-medical genital surgery and establish the limits of acceptable medical intervention in such operations. PATIENTS AND METHODS: Materials and methods: The study is based on a theoretical basis, which includes reviews of legislation, reports from non-governmental organizations, and is based on empirical data: decisions of the European Court of Human Rights, international regulations, statistics of the World Health Organization. Systemic and structural, comparative legal and functional methods, systematization, analysis and synthesis were decisive in the research process. CONCLUSION: Conclusions: "Female genital mutilation" or "female circumcision" is essentially a separate type of bodily injury that is caused intentionally in accordance with various social domestic and religious traditions and beliefs of certain emigrant ethnical religious communities. Such actions are a form of discrimination and violation of women's rights on the basis of gender, as well as a form of child abuse, as the vast majority of such operations are carried out on girls under 12 years of age. Medical intervention in case of operations on female genitalia, including for non-therapeutic purposes, can be considered legitimate only with the informed consent of the patient and on conditions that the level of danger to human health from such intervention corresponds to the concept of personal autonomy, that is, it does not require direct state intervention for the reasons of urgent social necessity.

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Meliakova, Y. .
    Performativity and self-exploitation: body significance in late capitalist era [Текст] / Y. Meliakova, I. Kovalenko, E. Kalnytskyi, H. Kovalenko // Cogito. - 2021. - Vol. 13, Iss. 4. - P. 7-29
   Перевод заглавия: Ефективність та самоексплуатація: значення тіла в пізню капіталістичну еру

УДК

340.13

Аннотация: The paper represents a philosophical study of the social, political, legal, labour, cultural and anthropological status of a human in the contemporary environment of information technologies development, economic neoliberalism, limited employment, post-democracy, transhumanism, visual culture and pandemic. It attends to the performative practices of social activities, political will and human rights protection, which demonstrate the optimal opportunity of self-preservation and self-identity in the world of biopolitics and cognitive capitalism. The growth of the precariat is regarded as a catalyst of the opposite motion vectors: power activities and political subjects' activities. The performative actionism is viewed as a relevant strategy of human self-realisation in arts, politics, legal, commercial and business activities, as well as a kind of compensation for the human online existence in these areas. For a late capitalism autonomous individual, his or her corporeal and mental selfexploitation is considered as an effective integrative tactics.

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Meliakova, Y. .
    Performance Conceptualism: From Semantics to Body Language [Текст] / Y. Meliakova, G. Krapivnyk, I. Kovalenko, E. Kalnytskyi, S. V. Zhdanenko // Wisdom. - 2022. - Vol. 21, Iss. 1. - P. 139-153
   Перевод заглавия: Концептуалізм виконання: від семантики до мови тіла

УДК

122/129

РУБ DOI: 10.24234/wisdom.v21i1.614

Аннотация: The research focuses on the philosophy of performative actionism. It refers to the contemporary practices of installations, happenings, monstrations and flash mobs on different topics as to the concept of pure action. Performance is regarded as the relevant understanding technique to manifest the currently popular dynamism principle of arts and philosophical anthropology. The research aims to analyse the art experience of the subject.s bodily actions to demonstrate their anthropological authenticity, social significance, legal value, epistemological activity, and political will. As a result, authors conclude that non-semantic silent performances reveal limited possibilities of modern human self-realisation despite having several rights, freedoms and technologies to improve their lives. Performance is viewed as a conceptual model of individual functioning in the polyontic reality. As an alternative to the linguistic one, self-representation through performance is a rather flawed but relevant means of showing the nature of the subject.s existence in the contemporary social, legal, political and cultural environment.

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Gutorova, N. .
    HIV criminalization's origins, enforcement, and social impacts [Електронний ресурс] / N. Gutorova, V. Rachynska, Y. Gnedik // Polski Merkuriusz Lekarski Polish Medical Journal. - 2023. - Vol. 51, Iss. 6. - P. 624-631
   Перевод заглавия: Походження криміналізації ВІЛ, правоохорона і соціальні впливи

УДК

341.4

343.412

РУБ DOI: 10.36740/Merkur202306108 + PMID: 38207064

Аннотация: This article aims to raise awareness and stimulate serious discussion about the ineffectiveness of HIV criminalization and its impact on human rights and public health and to propose improvements in criminal law regulation. The study is based on the empirical and analytical data of the Joint United Nations Programme on HIV/AIDS, the World Health Organization, legal acts, drafts legal acts, legal practice, and statistics of Ukraine, legal acts of the USA, Germany, Estonia, Latvia, Lithuania, and Poland. In total, 21 laws, drafts of laws, other documents, and 26 court decisions were analyzed. Dialectical, comparative, analytical, synthetic, systemic, sociological, induction, and deduction research methods were applied. The criminalization of HIV stems from a lack of awareness among policymakers and society about advances in medical science and ways to control the epidemic. Such regulation is ineffective, leads to stigmatization of people living with HIV, and has a negative impact on the epidemic. Causing harm to a person's health by intentionally infecting a person with a severe infectious disease could be criminalized under the general norm on bodily harm, excluding the stigmatization of patients with certain nosologies.

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