Ukraine Temporarily Withdraws from European Convention on Human Rights Due to Military Aggression

 

In light of the ongoing military aggression by the Russian Federation against Ukraine, the National Security and Defence Council of Ukraine has proposed and received approval for a temporary withdrawal from the European Convention on the Protection of Human Rights. This decision, based on constitutional provisions and legal frameworks related to martial law, comes as a response to the need for heightened security measures during this challenging time.

The introduction of martial law in Ukraine, enacted through Presidential Decree No. 64/2022, has triggered temporary restrictions on various constitutional rights and freedoms guaranteed to individuals. 

These include but are not limited to:

Inviolability of the home (Article 30)

Secrecy of mailing, telephone conversations, and correspondence (Article 31)

Non-interference in personal and family life (Article 32)

Freedom of movement, choice of residence, and right to leave and return to Ukraine (Article 33)

Freedom of thought, speech, expression, and information (Article 34)

Participation in public affairs, elections, access to public service (Article 38)

Rights related to meetings, rallies, demonstrations, strikes (Articles 39, 44)

Property rights (Article 41)

Entrepreneurship, work, and education (Articles 42, 43, 53)

These restrictions are essential for implementing measures under the legal regime of martial law, such as compulsory alienation of property, curfew enforcement, movement restrictions, inspections, prohibition of assemblies, and military housing duties.

The decision to temporarily withdraw from international human rights obligations, including the International Covenant on Civil and Political Rights and the European Convention on Human Rights, is necessary to enable the implementation of these measures. However, it's crucial to note that certain articles of these conventions, specifically those related to torture, slavery, and retroactive criminal laws, remain in force even during derogation.

As Ukraine navigates through these challenging times, the temporary withdrawal underscores the gravity of the situation and the commitment to ensuring national security while upholding fundamental human rights within the constraints of martial law.