On Wednesday, December 10, the world celebrates International Human Rights Day, established in 1950 by the UN General Assembly, which is a reminder of equality, freedom, justice, and peace, which begin with the recognition of the dignity of every person, writes UNN.
International Human Rights Day
It was on this day in 1948 that the Universal Declaration of Human Rights was adopted - a document that became the basis for the creation of international standards of rights and freedoms.
In addition to fundamental human rights, the Declaration lists political, civil rights and freedoms of a person, as well as rights in the economic, social and cultural spheres.
The Declaration defines important rights for everyone, including:
- the right to work in decent conditions and free choice of employment;
- protection against unemployment and fair remuneration;
- the opportunity for rest, leisure and paid leave;
- reasonable limitation of working hours and protection of labor rights.
This day reminds us that every person has inalienable rights that must be respected and protected.
Human rights in Ukraine: what is violated most often
Human rights in Ukraine are enshrined in the Constitution and international acts, covering inalienable rights to life, dignity, freedom, as well as civil, political, socio-economic and cultural rights.
According to Article 21 of the Constitution of Ukraine, all people are free and equal in their dignity and rights. Human rights and freedoms are inalienable and inviolable.
Constitutional rights and freedoms are guaranteed and cannot be abolished. When adopting new laws or making changes to existing laws, the content and scope of existing rights and freedoms cannot be narrowed
Due to the introduction of martial law on the territory, military command can restrict people's right to free movement. This includes the introduction of a curfew, and the prohibition or restriction of free choice of residence. A special regime for entry and exit from settlements, etc., can also be established.
During martial law, a person may be deprived of the right to property. Forced alienation of property is allowed in the manner established by law, provided that subsequent compensation is provided.
Martial law provides for the possibility of interference in the private lives of individuals. In particular, control of communication means, inspection of belongings, documents, housing, etc.
Also, martial law may restrict people's rights to free choice of work; citizens may be involved in socially useful work during the war. The introduction of labor duty is also regulated by law.
During the war, it is forbidden to hold elections and referendums, which restricts citizens' rights to participate in the management of state affairs. Mass gatherings and actions are also prohibited.
At the same time, during the war, the right to life, protection from torture, equality, respect for dignity, the right to freedom of religion, and the right to a fair trial cannot be restricted.
The Verkhovna Rada Commissioner for Human Rights, Dmytro Lubinets, reported in November that he had received 12,276 appeals from citizens.
The majority - 8,407 - concerned civil rights. People come when they face injustice, when the authorities act incorrectly, and they don't know what to do.
Another 1,264 appeals concerned economic rights - pensions, IDP assistance, social payments.
1,182 appeals concerned social rights: problems with education, medicine, housing or access to social services - things that really affect people's lives.
414 cases concerned children's rights.
The Ombudsman's Office also reported that in 2024, the Commissioner received 123,221 appeals, including 1,509 collective (34,510 people) and 121,712 individual, which is 28.6% more than in 2023.
Most often, women appealed to the Commissioner - 63.1%, appeals from men accounted for 35.5%. The Commissioner's Secretariat recorded reports of probable violations of civil rights in every second appeal. Issues of social and economic rights were raised in every sixth appeal.
Some of the appeals to the Commissioner in 2024 concerned alleged violations of citizens' rights during mobilization processes. The most common cases of rights violations: illegal restriction of freedom of movement during detention, unlawful use of force by notification groups, conscription of persons not subject to conscription, refusal of access for lawyers and even employees of the Commissioner's Secretariat to the premises of the TCC and SP, etc.
The Ukrainian Helsinki Human Rights Union reports that appeals generally concern non-payment of compensation to military personnel and problems of internally displaced persons.
Military personnel, veterans, internally displaced persons, families of victims, victims of torture, and Ukrainians in temporarily occupied territories seek legal assistance. Military personnel and veterans face non-payment of additional remuneration during long-term treatment, problems with dismissal from service, and full receipt of monetary allowances. Families of missing persons need legal support to establish status, process payments, and search for information about missing relatives. A separate obstacle is the lack of operational communication and interaction with military units
It is also noted that people from temporarily occupied territories often report violations of their rights, including limited access to medical care and illegal persecution.
But it would be fair to call Russia the main violator of human rights in Ukraine. After all, it was Russian aggression that caused the introduction of martial law. Also, the aggressor state kills Ukrainians every day, deports children, illegally detains civilians, tortures them, executes prisoners of war, and subjects them to torture.
International standards: convention on human rights protection
The European Convention for the Protection of Human Rights and Fundamental Freedoms is an international agreement by which the member states of the Council of Europe seek to ensure to everyone within their jurisdiction certain human rights and fundamental freedoms.
It was adopted in Rome on November 4, 1950, and entered into force in 1953 in English and French, both texts of the Convention being equally authentic, each existing in only one copy, and kept in the archives of the Council of Europe.
After its adoption, two independent bodies were created: the European Commission of Human Rights (1954) and the European Court of Human Rights (1959). They were to monitor the observance of human rights guaranteed by the Convention.
During the Vienna Summit in 1993, a decision was made to create a new European Court of Human Rights.
Ukraine, as a member of the Council of Europe, ratified the Convention on July 17, 1997, and the Convention entered into force for Ukraine on September 11, 1997.
The Convention for the Protection of Human Rights and Fundamental Freedoms consists of a preamble and 59 articles. In addition, the main text of the Convention is supplemented by protocols that gradually expand the list of rights and freedoms or introduce changes to the Convention.
A feature of the Convention is that it ensures rights and fundamental freedoms at the national level and guarantees an effective and efficient system for their protection at the supranational (international) level. Thus, by acceding to the Convention, our state made its provisions part of national legislation and undertook to guarantee and protect the rights and freedoms provided for by the Convention.
Who is responsible for human rights protection in Ukraine
According to Article 101 of the Constitution of Ukraine, parliamentary control over the observance of constitutional human and civil rights and freedoms is exercised by the Commissioner of the Verkhovna Rada of Ukraine for Human Rights.
Since July 2022, Dmytro Lubinets has been the Commissioner of the Verkhovna Rada for Human Rights.
The Ombudsman's tasks include:
- protection of human and civil rights and freedoms proclaimed by the Constitution of Ukraine, laws of Ukraine and international treaties of Ukraine;
- observance and respect for human and civil rights and freedoms
- prevention of violations of human and civil rights and freedoms or assistance in their restoration;
- promotion of bringing the legislation of Ukraine on human and civil rights and freedoms into compliance with the Constitution of Ukraine, international standards in this area;
- improvement and further development of international cooperation in the field of protection of human and civil rights and freedoms;
- prevention of any forms of discrimination in the exercise of human rights and freedoms;
- promotion of legal awareness of the population and protection of confidential information about a person.