Міжнародно-правова регламентація права на достатній одяг

The article is devoted to the right to clothing as a component of the right to an adequate standard of living. In the article, it is analysed the provisions of international legal acts on the enshrining of this right (the Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1966, the Convention on the Rights of the Child of 1989, the Convention on the Rights of Persons with Disabilities of 2006, etc.) It is indicated that the placement of clothing on a par with food, housing and medical care in Article 25 of the Universal Declaration of Human Rights of 1948 emphasises its recognition as an equally fundamental component of an adequate standard of living. It is noted that the UN Committee on Economic, Social and Cultural Rights mentioned the right to clothing in its general comments on the interpretation of the normative content of certain rights guaranteed by the ICESCR 1966 and the rights of vulnerable categories of persons, but unlike such components of the right to an adequate standard of living as housing and food, this right was not subject to independent interpretation. It is emphasised that the analysis of the provisions of international instruments and comments of UN committees shows that the right to clothing includes not only the possibility of access to clothing, but also includes elements related to health, cultural needs, prevention of discrimination, etc. Particular attention is paid to the issue of enshrining the right to clothing in the Geneva Conventions (Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949 (IV Geneva Convention) and the Geneva Convention relative to the Treatment of Prisoners of War, 1949 (III Geneva Convention). Article 27 of the III Geneva Convention stipulates that clothing, underwear and footwear shall be issued to prisoners of war in sufficient quantities by the detaining power, taking into account the climatic conditions of the area where they are held. The term “clothing” includes outer clothing and is broad enough to cover other items such as hats and gloves, if necessary. Article 90 of the IV Geneva Convention provides that, unlike prisoners of war, who must be provided with clothing, underwear and footwear by the detaining power, civilian internees must provide their own clothing.