RIGHT TO ACCESS TO MODERN ENERGY SERVICES: INTERNATIONAL DIMENSIONS, NATIONAL APPROACHES AND PERSPECTIVES REGARDING CONSTITUTIONALIZATION IN UKRAINE
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Abstract
This paper aims to explore the nature and content of the right to access to modern energy services within the framework of international and national approaches and to determine the perspectives of its constitutionalization in Ukraine.
An analysis of the right to access to modern energy services access in frames of International Human Rights Law has been provided. Based on the review of International Law sources and theoretical approaches, it has been concluded that the right to access to modern energy services is commonly considered in connection with the right to housing, as a vital condition of its adequate realization. The development of the General Comment of the United Nations Committee on Economic, Social and Cultural rights on the right to modern energy services and its connection with other human rights stipulated by the International Covenant on Economic, Social and Cultural Rights has been suggested. Based on the review of national constitutions of several countries it is concluded that the constitutional regulation of the right to decent housing can be defined as a common approach. Thus, the access to energy services can be considered as a part of the abovementioned right. Taking into account the importance of access to modern energy services, in particular, its role in tackling poverty, it is recommended that the right to access to modern energy services, primarily in the developing countries for the purpose of the adequate recognition, fulfilment and protection of this right at the national level be constitutionalized. This right should be recognized as a separate human right or as a separate element of the right to an adequate standard of living (not just as a part of the right to adequate housing). The perspectives of the constitutionalization of the right to modern energy services in Ukraine have been considered. Based on the analysis of the domestic theoretical approaches, Ukrainian legislation and considering that constitutional reform is currently being implemented in Ukraine, it is recommended that the Constitution of Ukraine be amended with provisions on the right to access to modern energy services.
An analysis of the right to access to modern energy services access in frames of International Human Rights Law has been provided. Based on the review of International Law sources and theoretical approaches, it has been concluded that the right to access to modern energy services is commonly considered in connection with the right to housing, as a vital condition of its adequate realization. The development of the General Comment of the United Nations Committee on Economic, Social and Cultural rights on the right to modern energy services and its connection with other human rights stipulated by the International Covenant on Economic, Social and Cultural Rights has been suggested. Based on the review of national constitutions of several countries it is concluded that the constitutional regulation of the right to decent housing can be defined as a common approach. Thus, the access to energy services can be considered as a part of the abovementioned right. Taking into account the importance of access to modern energy services, in particular, its role in tackling poverty, it is recommended that the right to access to modern energy services, primarily in the developing countries for the purpose of the adequate recognition, fulfilment and protection of this right at the national level be constitutionalized. This right should be recognized as a separate human right or as a separate element of the right to an adequate standard of living (not just as a part of the right to adequate housing). The perspectives of the constitutionalization of the right to modern energy services in Ukraine have been considered. Based on the analysis of the domestic theoretical approaches, Ukrainian legislation and considering that constitutional reform is currently being implemented in Ukraine, it is recommended that the Constitution of Ukraine be amended with provisions on the right to access to modern energy services.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
