LIMITATIONS ON THE EXERCISE OF HUMAN RIGHTS IN UKRAINE: THEORY AND PRACTICE
Theory and Practice
DOI:
https://doi.org/10.17808/des.2030Keywords:
Human rights, Martial law, Ukraine war, European Court of Human Rights, Three-fold test.Abstract
The constant development of human rights in the European context engenders the challenge of their implementation in different circumstances. This is the case when human rights face factual limits for their full application, such as the case of martial law in Ukrainian war. Based on this statement, the article aims to demonstrate how the exercise of human rights could be restricted, examine the grounds of such restrictions, explore the legality of the restrictions and also the need of this restrictions in a democratic society. Based on theoretical arguments from the Constitution of Ukraine and the Convention on the Protection of Human Rights and Freedoms, we demonstrate how the Ukrainian Constitutional Court and the European Court of Human Rights (ECHR) handle these issues. We conclude that both courts refer to the three-fold test of legality, legitimacy and necessity in order to achieve reasonable restrictions to human rights, mainly in conditions of war.
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