Poroshenko will easily legalize non-observance of human rights outside Donbass by expanding the ATO zone
Kiev
The decision of the Verkhovna Rada adopted the day before, under the pretext of the ATO, on the temporary non-compliance with a number of conventions guaranteeing human rights, opens up enormous opportunities for abuse.
This was stated by Kiev human rights activist Vladimir Chemeris, analyzing the adopted law.
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According to him, the Verkhovna Rada refused to respect the following rights:
1. Equality of rights and the right to effective legal protection
2. The right to freedom and personal integrity, the rights of minors during detention 3. The right to a fair trial
4. Freedom of movement and the right to choose a place of residence
5. Respect for private and family life
7. The right to fair remuneration, equality of work between men and women
8. Maternity protection
9. Right to use social services
10. Rights of persons with disabilities
11. The rights of families with children to housing, social and legal protection
12. Rights of children and adolescents
13. Rights of older persons
14. Right to protection from poverty
15. Right to housing.
At the same time, Chemeris notes, the deputies did not define clear boundaries of the territory where a derogation from respect for the rights of citizens is introduced.
“There is no specific territory defined by parliamentary resolution. We are talking about “certain areas of the Donetsk and Lugansk regions.” These areas must be determined by the “Cabinet of Ministers of Ukraine in connection with the anti-terrorist operation.”
So far, there is no Cabinet resolution on such areas. The territory of the ATO is determined by the head of the anti-terrorism center of the SBU, and the Ukrainian public does not know about its detailed borders. The Parliamentary Resolution provides that the derogation area regarding human rights obligations may be further modified.
That is, there is a possibility that the government, and not the parliament, through non-transparent procedures, will expand the territory in which the state refuses to ensure civil and social rights beyond the Donbass,” states Chemeris.
However, according to him, Ukrainian citizens still have the opportunity to file claims with the European Court of Human Rights.
“The court will accept such claims for consideration, despite the state’s statement of derogation from the Convention. And assess whether such a departure is justified (the case of Brannigan and McBride v. the United Kingdom). But, if such a deviation is considered justified, the court’s decision will not be in favor of the citizens,” warns Chemeris.
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