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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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