TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

Section 1Analysis of legislation on prevention of torture and ill-treatment of childrenof the individual created by many components which ensure the physical andethical integrity of a person, freedom of self-determination. Those involved incriminal law concentrate their main attention on protecting the individual notonly from unlawful and unwarranted arrest and detention, but in general fromany encroachments upon his liberty, life, health, property, honour and dignity.It is specifically that which they consider the main elements of inviolability.Constitutional law defines the constitutional right to personal inviolability as apersonal subjective human right which guarantees the person’s freedom fromunlawful encroachments by anybody on their life, health and individual safetyand rejects unlawful and unwarranted actions by the officials of state bodiesand civic organizations regarding personal inviolability in carrying out theirobligations, and makes it possible to reinstate the right which has been violated.It would seem that all these definitions speak of various aspects of oneand the same phenomenon. The only thing that one should clarify is that it ismore accurate to define inviolability not through the category of “subjectivelaw”, but through that of a “social property” of the individual. Such a “level” ofinviolability places the person higher even than the law and it is precisely thisthat can ensure real respect for personal inviolability, since human inviolabilitymust not be “lower” than special types of inviolability determined by legalstatus, such as diplomatic or deputy immunity.Thus the main features of inviolability can be identified as the following:— a social quality of each person from birth;— a condition which does not allow encroachments on the physical, psychologicaland ethical integrity of the individual;— a condition for the individual which does not allow unlawful arrestsand detention; other forced measures within criminal or administrativeproceedings linked with restriction of personal liberty;— protection of the person from any attempts against their property,honour or dignity;— it is safeguarded by state bodies;— it creates the possibility of compensating damages and reinstating theviolated right.The overall scope of inviolability, besides physical and psychological inviolability,also includes the right of a citizen to confidentiality about his personallife, the right to inviolability of home and correspondence, and the rightto personal data and documentation protection.39