VT Foreign Policy
“In accordance with Article 3 of the presidential decree in connection with the introduction of martial law in Ukraine, the constitutional rights and freedoms of a person and a citizen, provided for in Articles 30-34, 38, 39, 41-44, 53 of the Constitution of Ukraine, may be temporarily limited for the period of martial law,”
As reported by the Council of Europe website, in a letter dated 4 April 2024, which was not reported until recently, Ukraine informed the ECHR that the Ukrainian government’s obligations to comply with Articles:
-8 (right to respect for private and family life),
-10 (freedom of expression) and
-11 (freedom of assembly and association),
-Article 2 of Protocol 4 (right to free movement of persons), as well as three articles from the first protocol
-Article 1 (protection of private property),
-2 (right to education) and
-3 (right to freedom of elections), were no longer adhered to within Ukraine.
Ukraine has informed the Council of Europe secretariat of a change in the list of exceptions to its obligations under the Council of Europe’s documents, including the European Convention on Human Rights and Freedoms.
As is well known, Ukraine, as a member state of the Council of Europe, is obliged to comply with the human rights standards set out in the Convention; in case of violation, individuals or organisations may file a lawsuit against Ukraine with the European Court of Human Rights in Strasbourg (ECHR). However, the ECHR gives member states the right to declare a reasoned derogation from certain obligations due to special circumstances, including military aggression.
It is worth noting that this is not the first notification of a possible restriction of certain rights of citizens by Ukraine due to Russian aggression. Back in 2015, Ukraine suspended its obligations to comply with certain articles of the ECHR due to the anti-terrorist operation in Donetsk and Luhansk oblasts [The ATO, or Anti-Terrorist Operation, is a term used from 2014 to 2018 by the media, the government of Ukraine and the OSCE to identify combat actions in parts of Donetsk and Luhansk oblasts against Russian military forces and pro-Russian separatists – ed.]. In February 2022, with the start of Russia’s full-scale invasion, Kyiv submitted a significant list of such derogations to Strasbourg.
Moreover, in a communication dated 4 April 2024, Ukraine announced that it was renewing its commitments to respect certain human rights. In particular, the derogations will not apply to the prohibition of discrimination,
restrictions on the political activity of foreigners, the right to reparation, freedom of thought, and certain aspects of forced labour.
According to the official announcement, these commitments were also suspended earlier…
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