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Human rights in Ukraine

April 19, 2023

Human rights in Ukraine is a highly contested topic. Since 2017, Freedom House has given Ukraine ratings from 60 to 62 on its 100-point scale, and a "partly free" overall rating. Ratings on electoral processes have generally been good, but there are problems with corruption and due process.[1]

Both the 2015 local elections and the 2019 presidential elections were generally peaceful, competitive and fair, although there are indications of misuse of state resources and vote-buying, and media pluralism has not yet been fully achieved.[2][3][4] Attacks on journalists, civil society activists and members of minority groups are frequent, and police responses inadequate.[1]

As of 2021 investigations into crimes against journalists and human rights activists often do not result in convictions, and impunity for torture is still widespread.[5] Gender-based and homophobic violence by groups advocating discrimination are also a cause for concern[5] as well as linguistic rights of national minorities.[6] War crimes committed by both sides of the war in Donbas are not prosecuted, and in Russian-occupied Crimea dissent is repressed.[5]

Background

Prior to 1991

As part of the Soviet Union, all human rights were severely limited. The Soviet Union was a one-party state until 1990[7] and a totalitarian state from 1927 until 1953[8][9][10][11] where members of the Communist Party held all key positions in the institutions of the state and other organizations. Freedom of speech was suppressed and dissent was punished. Independent political activities were not tolerated, whether these involved participation in free labor unions, private corporations, independent churches or opposition political parties. The freedom of movement within and especially outside the country was limited.

1991–2014

In 1991 Ukraine declared independence. The referendum on the Act of Declaration of Independence was held in Ukraine on 1 December 1991.[12] An overwhelming majority of 92.3% of voters approved the declaration of independence made by the Verkhovna Rada on 24 August 1991. Until 8 June 1995, Ukraine's supreme law was the Constitution (Fundamental Law) of the Ukrainian SSR (adopted in 1978, with numerous later amendments). On 8 June 1995, President Leonid Kuchma and Speaker Oleksandr Moroz (acting on behalf of the parliament) signed the Constitutional Agreement for the period until a new constitution could be drafted.

The first constitution since independence was adopted during an overnight parliamentary session after almost 24 hours of debate of 27–28 June 1996, unofficially known as "the constitutional night of 1996." The Law No. 254/96-BP ratifying the constitution, nullifying previous constitutions. The Agreement was ceremonially signed and promulgated in mid-July 1996. According to a ruling of the Constitutional Court of Ukraine, the constitution took force at the moment when the results of the parliamentary vote were announced on 28 June 1996 at approx. 9 a.m. Kyiv Time and for the first time enshrined the obligations of human rights into law.

Ukraine was labelled as "free" by Freedom House in 2009.[13] In their report they stated: "Ukraine has one of the most vibrant civil societies in the region. Citizens are increasingly taking issues into their own hands, protesting against unwanted construction, and exposing corruption. There were no limits seen on NGO activities. Trade unions function, but strikes and worker protests were infrequently observed, even though dissatisfaction with the state of economic affairs was pervasive in the fall of 2008. Factory owners were seen as still able to pressure their workers to vote according to the owners’ preferences."[13]

On 20 October 2009 experts from the Council of Europe stated "in the last five years the experts from the Council of Europe who monitor Ukraine have expressed practically no concerns regarding the important [process of the] formation of a civil society in Ukraine. Ukraine is one of the democratic states in Europe that is securing human rights as a national policy, as well as securing the rights of national minorities."[14] According to Human Rights Watch (HRW), "while civil society institutions operate mostly without government interference, police abuse and violations of the rights of vulnerable groups … continue to mar Ukraine's human rights record."[15]

After the early 2010 election of President Viktor Yanukovych international organizations started to voice their concern. According to Freedom House, "Ukraine under President Yanukovych has become less democratic and, if current trends are left unchecked, may head down a path toward autocracy and kleptocracy."[16] Among the recent negative developments, they mentioned "a more restrictive environment for the media, selective prosecution of opposition figures, worrisome intrusiveness by the Security Service of Ukraine, widely criticized local elections in October 2010 … and erosion of basic freedoms of assembly and speech." This led Freedom House to downgrade Ukraine from "Free" to "Partly Free" in Freedom in the World 2011.[16] Also in 2011 Amnesty International spoke of "an increase in the number of allegations of torture and ill-treatment in police custody, restrictions on the freedom of speech and assembly, as well as mass manifestations of xenophobia".[17]

In Reporters Without Borders Press Freedom Index 2010 Ukraine had fallen from 89th place to 131.[18] Neighboring Russia's press freedom was ranked at position 140.[19] The International Federation for Human Rights called Ukraine "one of the countries seeing the most serious violations against human rights activists" in December 2011.[20]

As of late 2013 the situation continued to deteriorate and was one of the causes of the Euromaidan revolution, as joining or even working towards meeting the requirement to join the European union would dramatically improve human rights across Ukraine. Russia, which had already laid the ground work reacted to the Euromaidan protests and invaded Crimea and the wider Donbas regions.

International and European human rights treaties

Ukraine is a party to the following international treaties

Ukraine signed but not yet ratified

Ukraine is a party to the following European treaties

Situation

 
Meeting in Kharkiv during the 2004 Orange Revolution

As of 17 January 2013 Ukraine had lost all of its 211 cases at the European Court of Human Rights.[21]

Mass graves found in areas liberated from Russian control

Main article: War_crimes_in_the_2022_Russian_invasion_of_Ukraine § Ill-treatment, torture and willful killing of civilians

After Bucha, Lyman, Makariv, and Kherson were liberated from Russian occupation, Ukraine discovered mass graves containing bodies of civilians. Victims frequently bore evidence of torture.[22][23][24][25][26]

Electoral rights

International observers, including Freedom House and the United States Department of State, generally consider Ukrainian election processes to be free and fair. However, there were credible allegations of vote-buying, and media coverage was at times biased. Nazi and Communist parties are banned.[27]

The right to receive a fair trial

Main article: Judiciary of Ukraine

Amendments to the constitution, which came into force, were detrimental to the right to receive a fair trial because they re-introduced the so-called general supervision by the prosecutor's office. Other serious problems included lengthy periods for review of cases because the courts were overloaded; infringement of equality of arms; non-observance of the presumption of innocence; the failure to execute court rulings; and high level of corruption in courts.[28] Independent lawyers and human rights activists have complained Ukrainian judges regularly come under pressure to hand down a certain verdict.[29]

According to Freedom House, the judiciary has become more efficient and less corrupt since the Orange Revolution.[13]

Recent (since 2010) trials of high-profile political figures[nb 1] Yulia Tymoshenko, Yuriy Lutsenko, Igor Didenko,[31] Anatoliy Makarenko[32] and Valeriy Ivaschenko[33] have been described by the European Commission, the United States and other international organizations as "unfair, untransparent and not independent"[34] and "selective prosecution of political opponents".[35][36][37]

Language rights

Main article: Language policy in Ukraine

Multiple languages have always been spoken in what is now Ukraine.[38] In the 19th century the Russians and Jews were the main ethnic groups in the urban areas while the countryside was mostly Ukrainian.[39][40] Ukraine has a history of linguistic conflict dating back to at least the nineteenth century. In 1863, Russian Minister of Internal Affairs Pyotr Valuev issued a circular that banned the publication of religious texts and educational texts written in the Ukrainian language.[41]

The Soviet policy towards the Ukrainian language varied from the promotion of it under Lenin ("indigenization") to the persecution of the pro-Ukrainian language movement under Stalin, and tolerance of it which was coupled with the gradual decline of the use of the Ukrainian language and the creeping russification of Ukraine under Khrushchev and Brezhnev.[42] Following Ukraine's declaration of independence in 1991, the previous pro-Russian policies were reversed and the use of the Ukrainian language was actively encouraged and in certain areas, it was made compulsory. The 1996 Constitution stated that Ukrainian is the state language, and it also stated that the free use and development of Russian and other national minority languages is also permitted.

Subsequent legislation made the use of Ukrainian mandatory in various areas of public life.[43][44][45] Exceptions were made for languages that are considered "indigenous" because the speakers of them lack a kin-state, such as the Crimean Tatar language and the Karaim language, as well as those languages that are the official languages of the European Union.[46] However, significant minority languages in Ukraine, such as Russian, Belarusian and Jewish, are neither official EU languages nor indigenous,[46] and concerns have been raised about their protection.[43][47] For example, print and online publications in languages that do not meet these criteria are prohibited unless they also have a Ukrainian translation,[43][44] and secondary schooling in these languages is prohibited.[44][46][47] The differential treatment of minority languages has been criticized on human rights and discrimination grounds by the Venice Commission, Human Rights Watch and the United Nations Human Rights Office.[43][46][48]

Russia exaggerated the real language issues, using them to create a false justification for the 2022 Russian invasion of Ukraine. False claims included claims that Ukraine has been committing genocide, and claims that Ukrainians have been shooting people who speak Russian.[49][50] In areas it controlled, Russia required that all classes be in Russian[51][52] and allegedly tortured a teacher for teaching in Ukrainian.[53]

Media freedom and freedom of information

See also: Freedom of the press in Ukraine

In 2007, in Ukraine's provinces numerous, anonymous attacks[54] and threats persisted against journalists, who investigated or exposed corruption or other government misdeeds.[55][56] The US-based Committee to Protect Journalists concluded in 2007 that these attacks, and police reluctance in some cases to pursue the perpetrators, were "helping to foster an atmosphere of impunity against independent journalists."[15][57]

Ukraine's ranking in Reporters Without Borders's Press Freedom Index has in the latest years been around the 90th spot (89 in 2009,[58] 87 in 2008[59]), while it occupied the 112th spot in 2002[60] and even the 132nd spot in 2004.[61]

During the Russia-backed 2010-2014 Presidency of Viktor Yanukovych was elected President of Ukraine, journalistic watchdogs complained about a deterioration of press freedom in Ukraine.[62][63][64][65] Anonymous journalists said early May 2010 that they were voluntarily tailoring their coverage so as not to offend the Yanukovych administration and the Yanukovych Government.[66] The Yanukovych Government said it did not censor the media,[67] so did the Presidential Administration[68] and President Yanukovych himself.[69][70]

A May 2014 report from the Organization for Security and Co-operation in Europe (OSCE) said that there were approximately 300 violent attacks on the media in Ukraine since November 2013.[71] A crackdown on what authorities describe as "pro-separatist" points of view have triggered dismay among Western human rights monitors. For example, the 11 September 2014 shutdown of Vesti [Wikidata] newspaper by the Ukrainian Security Service for "violating Ukraine's territorial integrity" brought swift condemnation from the Committee to Protect Journalists and the Organization for Security and Co-operation in Europe.[72][nb 2]

Ukraine has also shut down several television stations operated by Russia on the grounds that they purvey propaganda.[72] In February 2017 the Ukrainian government banned the commercial importation of books from Russia, which had accounted for up to 60% of all titles sold.[74]

According to Amnesty International, in 2021 the media were generally pluralistic and free, but some outlets were discriminated against by officials because of their perceived pro-Russian leaning.[75] Criticisms have been levelled at the decision to deprive Taras Kozak's TV channels of broadcasting licences.[75] The investigation into the murder of the journalist Pavlo Sheremet in 2016 were undermined by serious deficiencies and lack of credibility.[75]

Freedom of expression and conscience

Main articles: Freedom of speech and Freedom of thought
 
FEMEN is a feminist protest group founded in Ukraine in 2008[76] The organization became internationally known for organizing[77][78] topless protests against sex tourism,[77][79] religious institutions,[80] sexism and homophobia[81]

Torture and conditions in detention

Further information: War crimes in the 2022 Russian invasion of Ukraine § Ill-treatment, torture and willful killing of civilians; Humanitarian situation during the war in Donbas § Abductions and torture; Russian torture chambers in Ukraine; and Secret detention centers of SBU

Reports of torture and ill-treatment by police persisted during 2007, as did unduly long periods of pretrial custody. Of major concern were the inhumane conditions in detention with overcrowded cells, appalling sanitary conditions and the lack of appropriate medical care. During the year numerous group suicide attempts took place in some penal colonies.[28][82]

In Eastern Ukraine, the SBU conducted[when?] torture and human rights abuses for alleged pro-Russian separatists.[83][84][85] Some of this torture took place in secret prisons with unacknowledged detention.[86] The existence of black sites was denounced by multiple reports of the UN monitoring mission in Ukraine,[87] Amnesty International[88] and Human Rights Watch.[89]

On 25 May 2016, the United Nations Subcommittee on Prevention of Torture (SPT) suspended its visit to Ukraine after the government denied it access to places in several parts of the country where it suspects these secret jails were located.[83][90] In 2018 Amnesty International concluded that "The investigation into the Security Service of Ukraine (SBU) for its alleged secret prisons failed to make any progress. Law enforcement officials continued to use torture and other ill-treatment".[91]

According to Amnesty International, in 2021 abuse of prisoners remained "endemic".[75] As reported by the Prosecutor General's Office, in March 2022 the European Court of Human Rights had ruled against Ukraine in 115 cases .[75] The European Court found that Oleksandr Rafalsky had spent 15 years in prison despite good reasons to believe that his "confessions" had been extorted by torture.[92]

During the 2022 Russian invasion of Ukraine numerous acts of torture of civilians and numerous acts of torture of prisoners of war by Russian forces have been documented,[93][94][95][96] including rape and sexual violence against men, women, and children by Russian forces.[97][98]

Human rights abuses and the HIV/AIDS epidemic

Main article: HIV/AIDS in Ukraine

The Ukrainian government has taken a number of positive steps to fight HIV/AIDS, chiefly in the area of legislative and policy reform. But these important commitments are being undermined in the criminal justice and health systems by widespread human rights abuses against drug users, sex workers, and people living with HIV/AIDS.[15]

Migrants and refugees

The Ukrainian asylum system barely functions due to a highly decentralized structure spanning several government agencies and departments. The process of creating a single migration system has been slow; political interference in the system is common and abuses of migrants and asylum seekers' rights continue.[citation needed]

Human trafficking

Main articles: Human trafficking in Ukraine and Human trafficking

There has been a growing awareness of human trafficking as a human rights issue in Europe. The end of communism has contributed to an increase in human trafficking, with the majority of victims being women forced into prostitution.[99][100] In 2013 Ukraine was a country of origin and country of transit for persons, primarily women and children, trafficked for the purpose of sexual exploitation and forced labor.[101] Charcoal production and pornography have been listed in the U.S. Department of Labor's List of Goods Produced by Child Labor or Forced Labor under the country of Ukraine in December 2014. The Government of Ukraine has shown some commitment to combatting trafficking but has been criticized for not fully complying with the minimum standards for the elimination of trafficking, and for inadequate trafficking prevention efforts.[102]

Violence against women

Main article: Violence against women in Ukraine

Violence against women is an entrenched social problem in Ukrainian culture engendered by traditional male and female stereotypes.[103][104] It was not recognized during the Soviet era, but in recent decades the issue became an important topic of discussion in Ukrainian society and among academic scholars. According to the estimation of OSCE the violence towards women is widespread in Ukraine and it is associated with three times more deaths than the ongoing armed conflict in the eastern provinces of the country.[105]

War in Donbas

Main article: Humanitarian situation during the war in Donbas

During the ongoing Russo-Ukrainian War, Ukraine has lost control of the Donbas and Crimea. On 21 May 2015, the Verkhovna Rada of Ukraine has passed a resolution declaring that it has withdrawn from some of the obligations stipulated in the International Covenant on Civil and Political Rights (articles 2, 9, 12, 14, 17), the Convention for the Protection of Human Rights and Fundamental Freedoms (articles 5, 6, 8, 13) and European Social Charter (articles 1 p. 2, 4 p. 2-3, 8 p. 1, 14 p. 1, 15,16,17 p. 1a p. 1c, 23,30, 31 p. 1-2) at the Donbas region until "Russia cease its aggression in eastern Ukraine".[106][107]

Ukrainian human rights organizations

  • Association "Civic Initiative" (Kirovohrad)[108] (in Ukrainian)
  • Association of Ukrainian Human Rights Monitors on Law Enforcement (Association UMDPL) uk:Association of Ukrainian Human Rights Monitors on Law Enforcement (Association UMDPL)
  • Civic Methodics and Information Center «Universe»
  • Chernigiv Committee for the Protection of Citizen's Constitutional Rights[109]
  • Committee of Voters of Ukraine[110]
  • Congress of National Communities of Ukraine[111]
  • Donetsk Memorial[112]
  • "For Professional Assistance" (Poltava region)[113] (in Russian)
  • Kharkiv Human Rights Protection Group
  • Odessa Human Rights Group "Veritas"[114] (in Russian)
  • Ukrainian Helsinki Human Rights Union
  • Road Control

International human rights organizations with branches in Ukraine

See also

Notes

  1. ^ Cases were opened against:
    1) Prime Minister – Tymoshenko.
    2) Minister of Police – Lutsenko.
    3) Minister of Defence – Ivashchenko.
    4) Minister of Finance – Danylyshyn.
    5) Minister of Natural Resources – Filipchuk.
    6) Deputy Minister of Justice – Korneichuk.
    7) Head of Customs of Ukraine – Makarenko.
    8) Head of the regional customs – Shepitko.
    9–10) Head of the State Treasury of Ukraine – Slyuz; Deputy head – Gritsoun.
    11) Deputy head of "Naftogaz" (state monopoly on trade in gas and oil) – Didenko.
    12) Governor of Dnipropetrovsk region (former Minister of Transport) – Bondar.
    Repeatedly called in for questioning in order to open a criminal case : minister and former mayor of Lviv – Kuybida; First Deputy Prime Minister – Turchynov.[30]
  2. ^ Former Vesti News's editor-in-chief Igor Guzhva wrote on his Facebook page that the news outlet had been raided by Security Service of Ukraine (SBU). The SBU reportedly took all servers, kept staffers in a "hot corridor" and shut down the website completely. Guzhva said that the purpose of the raid was "to block our work." "Journalists are not being let into their office", Guzhva wrote. "Those who were already inside at the moment of the raid are being kept in the building and are not allowed to use cell phones." Guzhva said that this is the second time in just six months that the SBU has tried to "intimidate" its editors. He added that he is unsure of the reason for the raid, but suspects that it might have to do with a story the website recently published on the SBU chief's daughter.[73]

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External links

  •   Media related to Human rights in Ukraine at Wikimedia Commons
  • Amnesty International 2017/2018 Report on Ukraine
  • US Department of State 2006 Country Reports on Human Rights Practices: Ukraine

April 19, 2023
human, rights, ukraine, parts, this, article, those, related, documentation, need, updated, please, help, update, this, article, reflect, recent, events, newly, available, information, march, 2022, highly, contested, topic, since, 2017, freedom, house, given, . Parts of this article those related to documentation need to be updated Please help update this article to reflect recent events or newly available information March 2022 Human rights in Ukraine is a highly contested topic Since 2017 Freedom House has given Ukraine ratings from 60 to 62 on its 100 point scale and a partly free overall rating Ratings on electoral processes have generally been good but there are problems with corruption and due process 1 Both the 2015 local elections and the 2019 presidential elections were generally peaceful competitive and fair although there are indications of misuse of state resources and vote buying and media pluralism has not yet been fully achieved 2 3 4 Attacks on journalists civil society activists and members of minority groups are frequent and police responses inadequate 1 As of 2021 investigations into crimes against journalists and human rights activists often do not result in convictions and impunity for torture is still widespread 5 Gender based and homophobic violence by groups advocating discrimination are also a cause for concern 5 as well as linguistic rights of national minorities 6 War crimes committed by both sides of the war in Donbas are not prosecuted and in Russian occupied Crimea dissent is repressed 5 Contents 1 Background 1 1 Prior to 1991 1 2 1991 2014 2 International and European human rights treaties 2 1 Ukraine is a party to the following international treaties 2 2 Ukraine is a party to the following European treaties 3 Situation 3 1 Mass graves found in areas liberated from Russian control 3 2 Electoral rights 3 3 The right to receive a fair trial 3 4 Language rights 3 5 Media freedom and freedom of information 3 6 Freedom of expression and conscience 3 7 Torture and conditions in detention 3 8 Human rights abuses and the HIV AIDS epidemic 3 9 Migrants and refugees 3 10 Human trafficking 3 11 Violence against women 4 War in Donbas 5 Ukrainian human rights organizations 6 International human rights organizations with branches in Ukraine 7 See also 8 Notes 9 References 10 External linksBackground EditPrior to 1991 Edit As part of the Soviet Union all human rights were severely limited The Soviet Union was a one party state until 1990 7 and a totalitarian state from 1927 until 1953 8 9 10 11 where members of the Communist Party held all key positions in the institutions of the state and other organizations Freedom of speech was suppressed and dissent was punished Independent political activities were not tolerated whether these involved participation in free labor unions private corporations independent churches or opposition political parties The freedom of movement within and especially outside the country was limited 1991 2014 Edit In 1991 Ukraine declared independence The referendum on the Act of Declaration of Independence was held in Ukraine on 1 December 1991 12 An overwhelming majority of 92 3 of voters approved the declaration of independence made by the Verkhovna Rada on 24 August 1991 Until 8 June 1995 Ukraine s supreme law was the Constitution Fundamental Law of the Ukrainian SSR adopted in 1978 with numerous later amendments On 8 June 1995 President Leonid Kuchma and Speaker Oleksandr Moroz acting on behalf of the parliament signed the Constitutional Agreement for the period until a new constitution could be drafted The first constitution since independence was adopted during an overnight parliamentary session after almost 24 hours of debate of 27 28 June 1996 unofficially known as the constitutional night of 1996 The Law No 254 96 BP ratifying the constitution nullifying previous constitutions The Agreement was ceremonially signed and promulgated in mid July 1996 According to a ruling of the Constitutional Court of Ukraine the constitution took force at the moment when the results of the parliamentary vote were announced on 28 June 1996 at approx 9 a m Kyiv Time and for the first time enshrined the obligations of human rights into law This section needs to be updated Please help update this article to reflect recent events or newly available information November 2022 Ukraine was labelled as free by Freedom House in 2009 13 In their report they stated Ukraine has one of the most vibrant civil societies in the region Citizens are increasingly taking issues into their own hands protesting against unwanted construction and exposing corruption There were no limits seen on NGO activities Trade unions function but strikes and worker protests were infrequently observed even though dissatisfaction with the state of economic affairs was pervasive in the fall of 2008 Factory owners were seen as still able to pressure their workers to vote according to the owners preferences 13 On 20 October 2009 experts from the Council of Europe stated in the last five years the experts from the Council of Europe who monitor Ukraine have expressed practically no concerns regarding the important process of the formation of a civil society in Ukraine Ukraine is one of the democratic states in Europe that is securing human rights as a national policy as well as securing the rights of national minorities 14 According to Human Rights Watch HRW while civil society institutions operate mostly without government interference police abuse and violations of the rights of vulnerable groups continue to mar Ukraine s human rights record 15 After the early 2010 election of President Viktor Yanukovych international organizations started to voice their concern According to Freedom House Ukraine under President Yanukovych has become less democratic and if current trends are left unchecked may head down a path toward autocracy and kleptocracy 16 Among the recent negative developments they mentioned a more restrictive environment for the media selective prosecution of opposition figures worrisome intrusiveness by the Security Service of Ukraine widely criticized local elections in October 2010 and erosion of basic freedoms of assembly and speech This led Freedom House to downgrade Ukraine from Free to Partly Free in Freedom in the World 2011 16 Also in 2011 Amnesty International spoke of an increase in the number of allegations of torture and ill treatment in police custody restrictions on the freedom of speech and assembly as well as mass manifestations of xenophobia 17 In Reporters Without Borders Press Freedom Index 2010 Ukraine had fallen from 89th place to 131 18 Neighboring Russia s press freedom was ranked at position 140 19 The International Federation for Human Rights called Ukraine one of the countries seeing the most serious violations against human rights activists in December 2011 20 As of late 2013 the situation continued to deteriorate and was one of the causes of the Euromaidan revolution as joining or even working towards meeting the requirement to join the European union would dramatically improve human rights across Ukraine Russia which had already laid the ground work reacted to the Euromaidan protests and invaded Crimea and the wider Donbas regions International and European human rights treaties EditUkraine is a party to the following international treaties Edit International Covenant on Civil and Political Rights ICCPR First Optional Protocol to the ICCPR International Covenant on Economic Social and Cultural Rights Convention on the Elimination of All Forms of Discrimination against Women CEDAW Optional Protocol to CEDAW Convention on the Rights of the Child CRC Optional Protocol to the CRC on the involvement of children in armed conflict International Convention on the Elimination of All Forms of Racial Discrimination Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Optional Protocol to the Convention against Torture Convention relating to the Status of Refugees 1951 Protocol relating to the Status of Refugees 1967 Ukraine signed but not yet ratified Rome Statute of the International Criminal CourtUkraine is a party to the following European treaties Edit European Convention for the Protection of Human Rights and Fundamental Freedoms ECHR 1950 Protocol No 6 to the ECHR concerning the abolition of the death penalty in times of peace 1983 Protocol No 12 to the ECHR concerning the general prohibition of discrimination 2000 Protocol No 13 to the ECHR concerning the abolition of the death penalty in all circumstances 2002 Framework Convention on the Protection of National MinoritiesSituation Edit Meeting in Kharkiv during the 2004 Orange Revolution As of 17 January 2013 Ukraine had lost all of its 211 cases at the European Court of Human Rights 21 Mass graves found in areas liberated from Russian control Edit Main article War crimes in the 2022 Russian invasion of Ukraine Ill treatment torture and willful killing of civilians After Bucha Lyman Makariv and Kherson were liberated from Russian occupation Ukraine discovered mass graves containing bodies of civilians Victims frequently bore evidence of torture 22 23 24 25 26 Electoral rights Edit International observers including Freedom House and the United States Department of State generally consider Ukrainian election processes to be free and fair However there were credible allegations of vote buying and media coverage was at times biased Nazi and Communist parties are banned 27 The right to receive a fair trial Edit Main article Judiciary of Ukraine Amendments to the constitution which came into force were detrimental to the right to receive a fair trial because they re introduced the so called general supervision by the prosecutor s office Other serious problems included lengthy periods for review of cases because the courts were overloaded infringement of equality of arms non observance of the presumption of innocence the failure to execute court rulings and high level of corruption in courts 28 Independent lawyers and human rights activists have complained Ukrainian judges regularly come under pressure to hand down a certain verdict 29 According to Freedom House the judiciary has become more efficient and less corrupt since the Orange Revolution 13 Recent since 2010 trials of high profile political figures nb 1 Yulia Tymoshenko Yuriy Lutsenko Igor Didenko 31 Anatoliy Makarenko 32 and Valeriy Ivaschenko 33 have been described by the European Commission the United States and other international organizations as unfair untransparent and not independent 34 and selective prosecution of political opponents 35 36 37 Language rights Edit Main article Language policy in Ukraine Multiple languages have always been spoken in what is now Ukraine 38 In the 19th century the Russians and Jews were the main ethnic groups in the urban areas while the countryside was mostly Ukrainian 39 40 Ukraine has a history of linguistic conflict dating back to at least the nineteenth century In 1863 Russian Minister of Internal Affairs Pyotr Valuev issued a circular that banned the publication of religious texts and educational texts written in the Ukrainian language 41 The Soviet policy towards the Ukrainian language varied from the promotion of it under Lenin indigenization to the persecution of the pro Ukrainian language movement under Stalin and tolerance of it which was coupled with the gradual decline of the use of the Ukrainian language and the creeping russification of Ukraine under Khrushchev and Brezhnev 42 Following Ukraine s declaration of independence in 1991 the previous pro Russian policies were reversed and the use of the Ukrainian language was actively encouraged and in certain areas it was made compulsory The 1996 Constitution stated that Ukrainian is the state language and it also stated that the free use and development of Russian and other national minority languages is also permitted Subsequent legislation made the use of Ukrainian mandatory in various areas of public life 43 44 45 Exceptions were made for languages that are considered indigenous because the speakers of them lack a kin state such as the Crimean Tatar language and the Karaim language as well as those languages that are the official languages of the European Union 46 However significant minority languages in Ukraine such as Russian Belarusian and Jewish are neither official EU languages nor indigenous 46 and concerns have been raised about their protection 43 47 For example print and online publications in languages that do not meet these criteria are prohibited unless they also have a Ukrainian translation 43 44 and secondary schooling in these languages is prohibited 44 46 47 The differential treatment of minority languages has been criticized on human rights and discrimination grounds by the Venice Commission Human Rights Watch and the United Nations Human Rights Office 43 46 48 Russia exaggerated the real language issues using them to create a false justification for the 2022 Russian invasion of Ukraine False claims included claims that Ukraine has been committing genocide and claims that Ukrainians have been shooting people who speak Russian 49 50 In areas it controlled Russia required that all classes be in Russian 51 52 and allegedly tortured a teacher for teaching in Ukrainian 53 Media freedom and freedom of information Edit See also Freedom of the press in Ukraine This section needs to be updated Please help update this article to reflect recent events or newly available information November 2022 In 2007 in Ukraine s provinces numerous anonymous attacks 54 and threats persisted against journalists who investigated or exposed corruption or other government misdeeds 55 56 The US based Committee to Protect Journalists concluded in 2007 that these attacks and police reluctance in some cases to pursue the perpetrators were helping to foster an atmosphere of impunity against independent journalists 15 57 Ukraine s ranking in Reporters Without Borders s Press Freedom Index has in the latest years been around the 90th spot 89 in 2009 58 87 in 2008 59 while it occupied the 112th spot in 2002 60 and even the 132nd spot in 2004 61 During the Russia backed 2010 2014 Presidency of Viktor Yanukovych was elected President of Ukraine journalistic watchdogs complained about a deterioration of press freedom in Ukraine 62 63 64 65 Anonymous journalists said early May 2010 that they were voluntarily tailoring their coverage so as not to offend the Yanukovych administration and the Yanukovych Government 66 The Yanukovych Government said it did not censor the media 67 so did the Presidential Administration 68 and President Yanukovych himself 69 70 A May 2014 report from the Organization for Security and Co operation in Europe OSCE said that there were approximately 300 violent attacks on the media in Ukraine since November 2013 71 A crackdown on what authorities describe as pro separatist points of view have triggered dismay among Western human rights monitors For example the 11 September 2014 shutdown of Vesti Wikidata newspaper by the Ukrainian Security Service for violating Ukraine s territorial integrity brought swift condemnation from the Committee to Protect Journalists and the Organization for Security and Co operation in Europe 72 nb 2 Ukraine has also shut down several television stations operated by Russia on the grounds that they purvey propaganda 72 In February 2017 the Ukrainian government banned the commercial importation of books from Russia which had accounted for up to 60 of all titles sold 74 According to Amnesty International in 2021 the media were generally pluralistic and free but some outlets were discriminated against by officials because of their perceived pro Russian leaning 75 Criticisms have been levelled at the decision to deprive Taras Kozak s TV channels of broadcasting licences 75 The investigation into the murder of the journalist Pavlo Sheremet in 2016 were undermined by serious deficiencies and lack of credibility 75 Freedom of expression and conscience Edit Main articles Freedom of speech and Freedom of thought FEMEN is a feminist protest group founded in Ukraine in 2008 76 The organization became internationally known for organizing 77 78 topless protests against sex tourism 77 79 religious institutions 80 sexism and homophobia 81 This section needs expansion You can help by adding to it November 2022 Torture and conditions in detention Edit Further information War crimes in the 2022 Russian invasion of Ukraine Ill treatment torture and willful killing of civilians Humanitarian situation during the war in Donbas Abductions and torture Russian torture chambers in Ukraine and Secret detention centers of SBU The neutrality of this section is disputed Relevant discussion may be found on the talk page Please do not remove this message until conditions to do so are met November 2022 Learn how and when to remove this template message Reports of torture and ill treatment by police persisted during 2007 as did unduly long periods of pretrial custody Of major concern were the inhumane conditions in detention with overcrowded cells appalling sanitary conditions and the lack of appropriate medical care During the year numerous group suicide attempts took place in some penal colonies 28 82 In Eastern Ukraine the SBU conducted when torture and human rights abuses for alleged pro Russian separatists 83 84 85 Some of this torture took place in secret prisons with unacknowledged detention 86 The existence of black sites was denounced by multiple reports of the UN monitoring mission in Ukraine 87 Amnesty International 88 and Human Rights Watch 89 On 25 May 2016 the United Nations Subcommittee on Prevention of Torture SPT suspended its visit to Ukraine after the government denied it access to places in several parts of the country where it suspects these secret jails were located 83 90 In 2018 Amnesty International concluded that The investigation into the Security Service of Ukraine SBU for its alleged secret prisons failed to make any progress Law enforcement officials continued to use torture and other ill treatment 91 According to Amnesty International in 2021 abuse of prisoners remained endemic 75 As reported by the Prosecutor General s Office in March 2022 the European Court of Human Rights had ruled against Ukraine in 115 cases 75 The European Court found that Oleksandr Rafalsky had spent 15 years in prison despite good reasons to believe that his confessions had been extorted by torture 92 During the 2022 Russian invasion of Ukraine numerous acts of torture of civilians and numerous acts of torture of prisoners of war by Russian forces have been documented 93 94 95 96 including rape and sexual violence against men women and children by Russian forces 97 98 Human rights abuses and the HIV AIDS epidemic Edit Main article HIV AIDS in Ukraine The Ukrainian government has taken a number of positive steps to fight HIV AIDS chiefly in the area of legislative and policy reform But these important commitments are being undermined in the criminal justice and health systems by widespread human rights abuses against drug users sex workers and people living with HIV AIDS 15 Migrants and refugees Edit The Ukrainian asylum system barely functions due to a highly decentralized structure spanning several government agencies and departments The process of creating a single migration system has been slow political interference in the system is common and abuses of migrants and asylum seekers rights continue citation needed Human trafficking Edit Main articles Human trafficking in Ukraine and Human trafficking There has been a growing awareness of human trafficking as a human rights issue in Europe The end of communism has contributed to an increase in human trafficking with the majority of victims being women forced into prostitution 99 100 In 2013 Ukraine was a country of origin and country of transit for persons primarily women and children trafficked for the purpose of sexual exploitation and forced labor 101 Charcoal production and pornography have been listed in the U S Department of Labor s List of Goods Produced by Child Labor or Forced Labor under the country of Ukraine in December 2014 The Government of Ukraine has shown some commitment to combatting trafficking but has been criticized for not fully complying with the minimum standards for the elimination of trafficking and for inadequate trafficking prevention efforts 102 Violence against women Edit Main article Violence against women in Ukraine Violence against women is an entrenched social problem in Ukrainian culture engendered by traditional male and female stereotypes 103 104 It was not recognized during the Soviet era but in recent decades the issue became an important topic of discussion in Ukrainian society and among academic scholars According to the estimation of OSCE the violence towards women is widespread in Ukraine and it is associated with three times more deaths than the ongoing armed conflict in the eastern provinces of the country 105 War in Donbas EditMain article Humanitarian situation during the war in Donbas During the ongoing Russo Ukrainian War Ukraine has lost control of the Donbas and Crimea On 21 May 2015 the Verkhovna Rada of Ukraine has passed a resolution declaring that it has withdrawn from some of the obligations stipulated in the International Covenant on Civil and Political Rights articles 2 9 12 14 17 the Convention for the Protection of Human Rights and Fundamental Freedoms articles 5 6 8 13 and European Social Charter articles 1 p 2 4 p 2 3 8 p 1 14 p 1 15 16 17 p 1a p 1c 23 30 31 p 1 2 at the Donbas region until Russia cease its aggression in eastern Ukraine 106 107 Ukrainian human rights organizations EditAssociation Civic Initiative Kirovohrad 108 in Ukrainian Association of Ukrainian Human Rights Monitors on Law Enforcement Association UMDPL uk Association of Ukrainian Human Rights Monitors on Law Enforcement Association UMDPL Civic Methodics and Information Center Universe Chernigiv Committee for the Protection of Citizen s Constitutional Rights 109 Committee of Voters of Ukraine 110 Congress of National Communities of Ukraine 111 Donetsk Memorial 112 For Professional Assistance Poltava region 113 in Russian Kharkiv Human Rights Protection Group Odessa Human Rights Group Veritas 114 in Russian Ukrainian Helsinki Human Rights Union Road ControlInternational human rights organizations with branches in Ukraine EditAmnesty International Ukraine led by Oksana Pokalchuk 2017 present 115 116 International Society for Human Rights Ukrainian Branch 117 in Ukrainian Moscow Helsinki GroupSee also EditLGBT rights in Ukraine History of the Russian language in Ukraine Chronology of Ukrainian language suppression Humanitarian situation during the war in DonbasNotes Edit Cases were opened against 1 Prime Minister Tymoshenko 2 Minister of Police Lutsenko 3 Minister of Defence Ivashchenko 4 Minister of Finance Danylyshyn 5 Minister of Natural Resources Filipchuk 6 Deputy Minister of Justice Korneichuk 7 Head of Customs of Ukraine Makarenko 8 Head of the regional customs Shepitko 9 10 Head of the State Treasury of Ukraine Slyuz Deputy head Gritsoun 11 Deputy head of Naftogaz state monopoly on trade in gas and oil Didenko 12 Governor of Dnipropetrovsk region former Minister of Transport Bondar Repeatedly called in for questioning in order to open a criminal case minister and former mayor of Lviv Kuybida First Deputy Prime Minister Turchynov 30 Former Vesti News s editor in chief Igor Guzhva wrote on his Facebook page that the news outlet had been raided by Security Service of Ukraine SBU The SBU reportedly took all servers kept staffers in a hot corridor and shut down the website completely Guzhva said that the purpose of the raid was to block our work Journalists are not being let into their office Guzhva wrote Those who were already inside at the moment of the raid are being kept in the building and are not allowed to use cell phones Guzhva said that this is the second time in just six months that the SBU has tried to intimidate its editors He added that he is unsure of the reason for the raid but suspects that it might have to do with a story the website recently published on the SBU chief s daughter 73 References Edit a b Ukraine Freedom House Retrieved 13 December 2022 Ukraine elections comply with democratic standards OSCE Deutsche Welle 26 October 2015 Retrieved 27 November 2015 Ukraine local elections generally respected democratic process but additional efforts needed to enhance public confidence international observers say OSCE 26 October 2015 Retrieved 27 November 2015 UKRAINE PRESIDENTIAL ELECTION 31 March and 21 April 2019 ODIHR Election Observation Mission Final Report PDF Report ODIHR 20 November 2019 a b c Ukraine 2021 Amnesty International Retrieved 13 December 2022 New Language Requirement Raises Concerns in Ukraine Human Rights Watch 19 January 2022 Retrieved 29 March 2022 Zakon SSSR ot 14 marta 1990 g N 1360 I Ob uchrezhdenii posta Prezidenta SSSR i vnesenii 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February 2022 Everyone here is scared Inside the bomb shelters Ukrainians fear will collapse The Independent Archived from the original on 27 February 2022 Retrieved 5 March 2022 Amnesty International Calls For Repeal Of De Communization Law Ukranews 12 May 2017 Archived from the original on 4 May 2019 Retrieved 4 March 2022 Poradi dlya cholovikiv ta zhinok na hvili shastya External links Edit Media related to Human rights in Ukraine at Wikimedia Commons Amnesty International 2017 2018 Report on Ukraine US Department of State 2006 Country Reports on Human Rights Practices Ukraine Retrieved from https en wikipedia org w index php title Human rights in Ukraine amp oldid 1149850237, wikipedia, wiki, book, books, library,

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