THE RIGHT TO HEALTH PROTECTION OF INDIGENOUS PEOPLES OF THE RUSSIAN ARCTIC: “COLLISION FIELD” AND SEARCH FOR NEW SOLUTIONS

Abstract

The article is devoted to the topical issue of health protection of indigenous peoples in the framework of modern state political and legal systems. The article focuses on the indigenous minorities of the Russian Arctic, which are a collective ethno-cultural community united by a common goal - the maintenance of the traditional way of living and the protection of their ethno-cultural identity. The health of indigenous peoples as a subject of legal protection stems from the very specific nature of life in harsh climatic conditions, as well as by the nature of their crafts and nutrition. At present, it is necessary to state that the right to health of Arctic "natives" is not fixed at the level of political and legal institutions and mechanisms in any state of the circumpolar region. The existing practice of studying the health status of indigenous peoples and prevention measures seem to be sporadic and not of a systemic nature. Indigenous peoples at the normative and legal level are formally integrated into the health system, which does not take into account their way of living, which is particularly relevant for nomads. International instruments and declarations on the rights of indigenous peoples focus on the protection of their right to self-determination and development, with little regard to the mechanism for the realization of the right to health. Russia is not a state party to ILO conventions on the rights of indigenous peoples, and has not signed the UN Declaration, but it is clear that a number of provisions of these documents are reflected in Russia's law and law enforcement practices. The authors make an attempt to trace the evolution of regulatory initiatives for the health of indigenous peoples in post-Soviet Russia. It is noted that attempts to transform the health system in the areas of traditional residence and traditional economic activities of indigenous peoples have not been successful. However, the materials of the draft laws that have not passed in the State Duma can be used in the future when making management decisions, including in the implementation of state programs. The characteristic of regional system of social security and health care is also given; its "painful points" are designated. In conclusion, the authors work out recommendations to improve the legal and institutional framework for the right to health of indigenous peoples, which relate to the need to clarify standards of health care, reproductive health issues, as well as the list of professions for the purpose of compulsory social and health insurance.