Аналіз міжнародного законодавства щодо порушення недоторканності житла
The article provides a detailed analysis of international legal norms regulating the protection of the inviolability of housing and offers a comparative analysis of approaches to this issue in different countries worldwide. Particular attention is paid to the importance of housing protection as one of the key aspects of ensuring fundamental human rights, such as the right to privacy, personal space inviolability, and protection against unlawful interference, especially through unauthorized entry into residential premises. The study examines key international acts, including the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), and the European Convention on Human Rights (1950). It also analyzes how these documents have formed the basis for national legislation, particularly in Ukraine, and evaluates their practical implementation. Special attention is given to the guarantees provided by international acts for housing protection, especially in the context of military conflicts, crises, and other extraordinary circumstances that contribute to an increase in violations. The article highlights the differences between the legal systems of various countries regarding the regulation of housing inviolability, which influence the specifics of judicial oversight and the practical application of norms. The issues of violations of this right, their legal consequences, and peculiarities of judicial practice, including cases considered by the European Court of Human Rights, are examined. These cases address interference with privacy, housing, and correspondence. The article also emphasizes the challenges arising from the lack of a clear legal definition of the term «housing» in Ukrainian legislation, which complicates the protection of citizens’ rights. The research demonstrates that the issue of defining the boundaries of the concept of «housing» remains unresolved, necessitating further clarifications in legislative acts. In addition to analyzing international documents and legal norms, the article focuses on the practical aspects of implementing these provisions to ensure judicial oversight. The role of courts in guaranteeing the observance of these rights is highlighted. Special emphasis is placed on how deficiencies in legal norms can affect the real mechanisms for protecting human rights in the context of contemporary challenges.
Publication Details
- Journal
- Scientific periodicals of Ukraine
- Published
- 2025-04-28
- Primary Topic
- Quantum Mechanics and Applications
- Type
- article
- Field-Weighted Citation Impact
- 0.00