The implementation of the practice of the European court of human rights in the national mechanism of protection of the right to safe working conditions

Abstract

The constitutional obligation of the Ukrainian state to provide all citizens with protection of their health and life in the course of labor activity. It consists in legislative enshrinement of legal norms that determine the conditions and procedure for exercising the constitutional right of citizens to proper, safe and healthy working conditions, means of protection of this right, as well as legal mechanisms to protect this right in case of violation. The application of the case law of the European Court of Human Rights as a source of law by the courts actualizes the study of its decisions on the protection of the right to safe working conditions.
 Ensuring safe working conditions is an important task in the context of the goals of sustainable development is defined in the article. The position of the European Court of Human Rights needs to be implemented into national legislation. The safety and hygiene of the working environment must not harm the life and health of the worker, and the state must provide citizens with an appropriate level of legal regulation and administrative procedures to protect their right to life and health, including in the work environment.
 The right of the employee to safe and healthy working conditions is a component of the right to life in the position of the European Court of Human Rights. The positive obligation of the state to introduce an effective legislative mechanism for the protection of life also applies in the context of safety and health at work. The exercise of the right to adequate, safe and healthy working conditions in the practice of the European Court of Human Rights is carried out by examining compliance with the positive obligation of the state to create the necessary legal and administrative conditions and procedures to protect the lives and health of citizens (employees). It provides for the issuance of regulations, instructions or recommendations on the organization of labor protection, as well as ensuring appropriate supervision and control in the field of labor.
 The creation of legislative and administrative mechanisms for the protection of the right to life, in which safety and labor protection are necessary components of its legal support, is Ukraine’s obligation.