Council of Europe explains Ukraine's latest derogation from commitments regarding human rights protection

The Council of Europe published the official explanation concerning Ukraine’s statement about derogations to several articles of the European Convention on Human Rights on 30 April.

Source: European Pravda with reference to the text of the explanation

Details: The explanation says that back in 2022, Ukraine notified the Council of Europe of derogations to several articles of the European Convention on Human Rights resulting from the Russian aggression and ongoing state of war in the country. 

Quote: "Ukraine regularly updates the Council of Europe about these derogations. As of 4 April 2024 – contrary to some media reports based on false information – the scope of the derogations has been significantly reduced."

Among other things, Ukraine informed the Council that the derogations would not no longer cover articles related to forced or compulsory labour; freedom of thought, conscience or religion; right to an effective remedy; prohibition of discrimination; and restrictions on political activity of foreigners of the Convention.

Earlier European Pravda wrote that in April, Ukraine 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.

Ukraine's Ministry of Justice later specified that back in early March 2022 it used its right to temporary derogation to obligations in emergency conditions due to the beginning of Russia’s full-scale invasion.

As a member state of the Council of Europe, Ukraine is obliged to fulfil norms about respecting human rights provided for by the Convention; in case they are violated, persons or organisations can file a lawsuit against Ukraine to the European Human Rights Court in Strasbourg.

At the same time, the Convention gives member states the right to signal about reasoned derogation to separate obligations due to special circumstances, including armed aggression.

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