Protecting the Right to Health under Sanctions and Unilateral Restrictive Measures: International Legal Aspects

https://www.doi.org/10.32523/2791-0954-2024-12-4-22-37

Abstract

In recent decades, humanity has faced a rapid increase in the frequency of "sanctions" and "unilateral restrictive measures" imposed on states in various regions of the world. Foreign doctrinal sources have gradually equated the normative content of these concepts, which contradicts the principles of international law and hinders the protection of fundamental human rights by limiting access to healthcare technologies, food, and social services. The application of unilateral restrictive measures leads to catastrophic humanitarian consequences, especially in developing countries, reducing the income levels of ordinary citizens, increasing poverty and hunger, and lowering healthcare system indicators. This study presents an analysis of "sanctions" and "unilateral restrictive measures" legal concepts and their differences. The authors consistently examine the positions of international organizations, domestic and foreign researchers regarding the legality of using unilateral restrictive measures in accordance with international law. The article systematizes the results of scientific research assessing the impact of sanctions and unilateral restrictive measures on ensuring the right to health. Special attention in the study is given to the application of the humanitarian exceptions mechanism to mitigate the consequences of sanctions and unilateral restrictive measures. The authors review the main measures implemented by the Russian Federation to minimize the negative impact of unilateral restrictive measures on the functioning of the national healthcare system.