War in Ukraine – what rights of people can be limited

The Ministry of Justice of Ukraine has prepared updated information on the temporary derogation from obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms. The General Secretariat has already received the submitted document from the Permanent Representation of Ukraine to the Council of Europe. It can be found by following the link.

The text refers to the fact that martial law has been introduced in Ukraine for a long time. Article 15 of the Human Rights Convention provides that temporary restrictions on people’s constitutional rights may be introduced during this period. This applies to the following articles:

• inviolability of housing (Article 30);
• confidentiality of telephone conversations, correspondence and mail (Article 31);
• non-interference in personal and family life (Article 32);
• freedom of movement, the right to cross the border and return to Ukraine (Article 33);
• the right to freedom of thought and speech, as well as free expression of one’s views and convictions (Article 34);
• the right to participate in the management of public affairs and referendums, to freely elect and be elected to bodies of state power and local self-government, equal access to public service (Article 38);
• the right to peaceful meetings and demonstrations (Article 39);
• the right to own and dispose of one’s own property (Article 41);
• the right to entrepreneurial activity that is not prohibited by law (Article 42);
• right to education (Article 53).

Derogation from human rights obligations: powers of military command

Accordingly, as the text of the published document further states, the military command may, within the limits of temporary restrictions on constitutional human rights and freedoms, implement the following legal measures:

• forcibly alienate, in accordance with the procedure established by law, property that is privately or communally owned for the needs of the state under martial law, and issue relevant documents in this regard (clause 4);
• introduce a curfew, providing for a ban on being on the street at a certain time without a special pass (point 5);
• introduce a special exit and entry regime, as well as limit the freedom of movement of citizens and vehicles (clause 6);
• inspect things, cars, cargo, office premises and people’s houses in the prescribed manner (clause 7);
• prohibit peaceful assemblies, rallies, processions, demonstrations and other mass events (clause 8);
• establish a ban or restrictions on the free choice of place of residence (clause 10);
• prohibit changing your place of residence without appropriate permission (clause 16).

Let us recall that on April 24 it was reported how draft dodgers would have their rights limited during martial law and general mobilization. The Cabinet of Ministers is preparing new restrictions for those who do not update the data in the TCC. According to the Minister of Justice, we are talking about administrative services.