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Publication date: 16.05.2024
Ukraine withdraws from human rights obligations: reaction and perception of the EU
Introduction
Ukraine's announcement of withdrawal from its human rights obligations was widely publicized in the media and caused public concern. This issue has sparked lively discussions among human rights organizations, governments and international institutions. What actually happened and how are these measures perceived by the European Union (EU)? This article examines the legal basis for the retreat and the reaction of the international community.
Principles of derogation from obligations
The key international acts establishing the guarantees of human rights and the criteria for their legitimate limitation are the Convention for the Protection of Human Rights and Fundamental Freedoms (Council of Europe, 1950) and the International Covenant on Civil and Political Rights (UN, 1966). Both documents have been ratified by Ukraine, so they are part of the national legislation.
Conditions of retreat
The Convention and the Covenant allow the possibility of derogating from obligations under certain conditions. According to Art. 15 of the Convention, during war or other public danger threatening the life of the nation, any High Contracting Party may take measures deviating from its obligations, only to the extent required by the urgency of the situation. These measures should not conflict with other obligations under international law.
Art. 4 of the Covenant contains similar provisions, adding that measures shall not discriminate on the basis of race, colour, sex, language, religion or social origin.Both documents provide that states must inform the Secretary General of the Council of Europe and/or the UN about the measures and the reasons for their implementation.
Retreat of Ukraine: reasons and content
Ukraine announced a retreat from some obligations in connection with the introduction of martial law due to the armed aggression of the Russian Federation. Since the beginning of the war, Ukraine has sent numerous notifications of withdrawal to international organizations. The total number of such messages is currently 22.
Message analysis
Technical nature of the notifications: Most of the notifications have a purely technical nature related to the continuation of the martial law regime. This only proves that the situation has not changed.
Previous restrictions: Restrictions on rights have already been implemented at the national level, and international organizations are simply informed of this fact.
Clarification of the list: New messages do not indicate further restrictions, but clarify the list, including its shortening.
Recent changes
On February 24, 2022, Presidential Decree No. 64 "On the Introduction of Martial Law" was issued, which specified a list of articles of the Constitution (30 - 34, 38, 39, 41 - 44, 53), according to which rights and freedoms can be temporarily limited. The scope of application of the derogation was sent in the form of a notification to the UN Secretary General. The latest notification of April 29 shortened the list of restrictions, leaving the following points:
Forced alienation of property for the needs of the state.
Introduction of curfew.
Restriction of freedom of movement of citizens and vehicles.
Conducting inspections of citizens' belongings, vehicles, luggage and housing.
Prohibition of peaceful assemblies, rallies, marches and demonstrations.Restrictions in the choice of the place of stay or residence of persons.
Prohibition of change of residence for persons on military or special registration.
Establishment of military housing obligation for individuals and legal entities. You may be interested in the following articles: lawyer consultation, lawyer consultation, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers, documents, lawyer's assistance online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online
The reaction of the EU and the international community
The European Union and other international institutions understand the need to introduce such measures in connection with Russia's aggression. At the same time, they closely monitor compliance with the principles of legal certainty and proportionality to ensure that measures do not go beyond what is necessary.
Legal assessment
Derogation from obligations is not allowed when it comes to violation of fundamental rights to life, torture, slavery or illegal punishment. Ukraine adheres to these principles, informing international organizations about the implemented measures and their rationale.
Conclusion
Ukraine's retreat from human rights obligations under martial law is a forced measure that meets international legal standards. Despite numerous reports, most of them are of a technical nature and do not indicate additional restrictions on rights. European Union
